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, DECEMBER 8, 2009 No. 183 House of Representatives The House met at 9 a.m. and was MORNING-HOUR DEBATE A GREEN LIGHT FOR THE REAU- called to order by the Speaker pro tem- THORIZATION OF THE SURFACE pore (Ms. SPEIER). The SPEAKER pro tempore. Pursu- TRANSPORTATION ACT ant to the order of the House of Janu- The SPEAKER pro tempore. The ary 6, 2009, the Chair will now recog- f Chair recognizes the gentleman from nize Members from lists submitted by Oregon (Mr. BLUMENAUER) for 5 min- DESIGNATION OF SPEAKER PRO the majority and minority leaders for utes. TEMPORE morning-hour debate. Mr. BLUMENAUER. Madam Speaker, The SPEAKER pro tempore laid be- The Chair will alternate recognition this is one of those rare occasions fore the House the following commu- between the parties, with each party where Congress can put everything to- nication from the Speaker: limited to 25 minutes and each Mem- gether for a holiday gift for Americans. ber, other than the majority and mi- People in this city and across the coun- WASHINGTON, DC, try are obsessed with the concern to December 8, 2009. nority leaders and the minority whip, create jobs. It is appropriate and im- I hereby appoint the Honorable JACKIE limited to 5 minutes, but in no event perative that we do so. All the objec- SPEIER to act as Speaker pro tempore on this shall debate continue beyond 9:50 a.m. day. tive evidence suggested that the eco- NANCY PELOSI, nomic recovery package made a huge Speaker of the House of Representatives. difference, but not enough.

NOTICE If the 111th Congress, 1st Session, adjourns sine die on or before December 23, 2009, a final issue of the Congres- sional Record for the 111th Congress, 1st Session, will be published on Thursday, December 31, 2009, to permit Members to insert statements. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–59 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Wednesday, December 30. The final issue will be dated Thursday, December 31, 2009, and will be delivered on Monday, January 4, 2010. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators’ statements should also be formatted according to the instructions at http://webster/secretary/conglrecord.pdf, and submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–59. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. CHARLES E. SCHUMER, Chairman.

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.

H13551

.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 8633 E:\CR\FM\A08DE7.000 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13552 CONGRESSIONAL RECORD — HOUSE December 8, 2009 As my friend and colleague Mr. and to put millions of Americans back work. There is no long lead time. There DEFAZIO, from the Transportation and to work. Unlike other areas of expendi- is no lengthy environmental review. Infrastructure Committee, has docu- ture, this is truly an investment in We are replacing or rebuilding things mented, the economic recovery pack- America’s future, which will generate that are already in place. In addition age had only 4 percent of its funds dedi- other economic activities and will help to that, there are many other road and cated for infrastructure, but it created the long-term fiscal health of our Na- highway projects of great merit. That 25 percent of the jobs. Mr. OBERSTAR, tion while we strengthen our families can be committed within 120 days—$49 and Subcommittee Chair DEFAZIO, and our communities. billion. It could take place next con- have been working for 3 years on the I hope there is a green light for floor struction season—$16 billion in inter- reauthorization of the biggest infra- time for the Transportation bill. I hope modal, port and other access issues. structure package that we will look there is a commitment to front-load Then perhaps this will get the atten- at—the Surface Transportation Act. the Transportation bill with TARP tion out at the White House: $20 billion The evidence is that they are, literally, money and that we can get a Transpor- in transit. We are killing people on our just weeks away from the opportunity tation bill passed next month and on transit systems because of the out- to bring this legislation to the floor. its way to the Senate so we can put moded, decrepit infrastructure we At the same time, we see the con- America back to work. have. There is an $80 billion backlog. sensus building, at least on the Demo- f When you begin to fill that backlog, cratic side of the aisle and with the ad- what you can do within a day in some PUT AMERICA BACK TO WORK ministration, that it is time to revisit places, like the Chicago Transit Au- AND REBUILD AMERICA’S DE- efforts to revitalize the economy, that thority, which spent a quarter of $1 bil- CREPIT INFRASTRUCTURE the original economic recovery pack- lion in 30 days, which is all the money age simply wasn’t big enough consid- The SPEAKER pro tempore. The they got—they spent it in 30 days be- ering the problems that we were facing. Chair recognizes the gentleman from cause they have a decrepit system. There is an opportunity to take unused Oregon (Mr. DEFAZIO) for 5 minutes. They ordered things that create a huge TARP money, part of the hundreds of Mr. DEFAZIO. Madam Speaker, the multiplier effect and jobs across the billions of dollars that was set aside, to President brought the jobs summit to a economy—transit vehicles, buses. Then help the financial sector recover after very unfortunate and, unfortunately, people who make parts for buses have it brought our economy to, literally, ill-informed close in his summary jobs. We have ‘‘buy America’’ provi- the brink of collapse. statement. sions so the jobs aren’t going to China Well, we’ve seen at least that area The President is skeptical about like the DOE grants are. These are the stabilize. Some of the money is being shovel-ready projects. He said the term kinds of investments we need to be repaid, and the balance is not likely to ‘‘shovel-ready.’’ Let’s be honest. It making. These things work. be needed for an economic emergency doesn’t always live up to its billing. Now, why won’t his advisers wake up like we saw last year. So we should be Well, if he is talking about other than and tell him the truth? able to take a significant portion of infrastructure, he is right. Most of the jobs, the real jobs—the that unused TARP money and, rather The Department of Energy managed private-sector jobs—that were created than sending it to Wall Street, sending to commit a tiny fraction of the money by this last so-called ‘‘stimulus,’’ were it instead to Main Street, perhaps to in the stimulus bill, and that which in transportation infrastructure. The your street to be able to front-load the they have committed has created thou- money has been successfully spent and reauthorization of the Surface Trans- sands of jobs. Yeah. Unfortunately, obligated. We can give him those sta- portation Act to be able to have 6-year they are jobs in China of making wind- tistics. I defy them to go to any other funding certainty. mills that will be shipped to the United part of that bill other than the money This is a very important opportunity States of America. Not exactly what that kept teachers working and other that we should not lose because, at a we had in mind. things that helped the States or the time when we are concerned about defi- Maybe it’s the tax cuts all across tax cuts where the money has spent cits in the Federal budget, there is a America. People every week are grate- out at such a rapid rate. yawning deficit in the highway trust ful for their tax cuts. No. Actually, So it’s time to reorient the thinking fund which simply is not going to be they don’t know that they get a minus- down there on the economic team at able to meet the current needs of cule reduction in their withholdings, the White House. If we want to put America’s highways and transit and that’s what is supposed to rebuild America back to work next year, we projects, let alone its future. At the our economy. There was seven times as need to dedicate more funds for re- same time, there is an opportunity for much money for tax cuts as there was building our decrepit infrastructure us to improve the Federal balance for transportation infrastructure. across this country. Get the huge mul- sheet. There is support for the concepts Now let’s examine the President’s tiplier effect we get with that. We have of having user fees that are available statement a little further. I think he is a total of close to $80 billion of projects to be able to shore up those trust funds very, very ill-advised by a prejudiced ready to go in 120 days. These aren’t that fund infrastructure. group of economic advisers who, for just your resurfacing things like we For instance, the administration has some reason, were frightened by infra- saw last year. These are major placed in its budget the reimposition of structure at a young age, perhaps. projects—bridge replacements and the Superfund tax—a tax on the pol- Whatever the reason, they hate it— major work on transit systems—that luters who created these toxic prob- plain and simple—because the fact is, are ready to go, that are shovel-ready lems all across America, a tax that ex- as the previous gentleman said, 4 per- to go. No lie there. pired years ago. The previous folks who cent of the funding, that which was I hope some of his advisers are listen- ran this place would not allow us even spent and is already committed and is ing, that they’ll look at the facts and to consider its reenactment. Well, it’s underway in infrastructure, has cre- will send the President a corrective in the President’s budget, which is one ated 25 percent of the jobs. All of that memo on these issues. example of where a simple action—hav- money will be spent out by next sum- f ing polluters pay—will be able to have mer. There are hundreds of billions of the economic activity of cleaning up dollars in other programs that aren’t HEALTH CARE REFORM IN Superfund sites while we are shoring being spent out so well, but the shovel- AMERICA up the Federal budget. ready transportation infrastructure The SPEAKER pro tempore. The Madam Speaker, if we move forward projects are going forward. Chair recognizes the gentleman from with the reauthorization of the Trans- We had a report last week. There is Kentucky (Mr. YARMUTH) for 5 min- portation Act, if we deal with water in- $49 billion more in bridge and highway utes. frastructure, if we beef up our eco- projects. We have 160,000 bridges that Mr. YARMUTH. Madam Speaker, nomic recovery efforts, and reenact a need reconstruction across America. this weekend, my Senator and con- Superfund tax, we will have an oppor- That’s steel. That’s concrete. That’s stituent, Minority Leader MITCH tunity to invest in America’s future construction jobs. That’s engineering MCCONNELL, made a statement on the

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.003 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13553 floor of the Senate that was, quite hon- unable to get health care coverage. He ANNOUNCEMENT BY THE SPEAKER estly, pretty remarkable. It was spe- is excluded from any plan.’’ PRO TEMPORE cial, not because it was passionately Alvin of East End wrote, ‘‘Please do The SPEAKER pro tempore. Mem- delivered or because it was well-con- not let health care reform fail. I am a bers are reminded to address their re- structed, but because it so perfectly il- Registered Nurse. I’ve worked as a case marks to the Chair. luminated just how disconnected from manager at a local hospital. I have reality the Senate’s opponents of seen private insurance deny patients f health care reform are. acute rehab after a stroke; whereas, RECESS Of the legislation pending in Con- with Medicare, we could have seen The SPEAKER pro tempore. Pursu- gress, the minority leader said, ‘‘I am them.’’ ant to clause 12(a) of rule I, the Chair sure there are people in Kentucky who Elizabeth of the East End wrote, ‘‘I declares the House in recess until 10 are for it. I have not met one.’’ am behind health care reform 100 per- a.m. today. Not one? Needless to say, this Ken- cent. I am worried about our young Accordingly (at 9 o’clock and 17 min- tuckian, for one, found the statement adult children and how they can afford utes a.m.), the House stood in recess difficult to swallow, but that’s beside it. I have a child who had cancer. I’ve until 10 a.m. the point. told her she needs to have a job that The point is that my senior Senator provides health insurance when she f made the claim despite poll after poll graduates. The insurance companies b 1000 showing that the majority of the need to provide for those who need it American people are for it, including most, not just the ones who are AFTER RECESS not one but more than 1 million Ken- healthy.’’ The recess having expired, the House tuckians. The minority leader has read was called to order by the Speaker pro the same polls I have. I would venture b 0915 tempore (Ms. BALDWIN) at 10 a.m. to say that he has heard from many of the same thousands of Louisvillians Gregg of Louisville wrote, ‘‘Today I f from whom I’ve gotten calls, letters, e- received my annual premium increase. PRAYER My new premium has increased 32 per- mails, faxes, and visits. Everywhere I Rev. Richard Hynes, Office of Evan- go in Louisville—from the VA hospital cent. This has followed 18 to 25 percent increases in the last 3 years.’’ gelism, Archdiocese of Chicago, Chi- to community cookouts to the aisles of cago, Illinois, offered the following Kroger—I hear from people with valid Andrea of Shively wrote, ‘‘Please vote for the health care bill. I am a prayer: perspectives on both sides of the issues, Lord God, on this date, Catholics and we were elected to listen to all of heart attack survivor, and I am pray- ing that I can stay with my company honor Jesus’ mother, her own concep- them. tion, especially today at the Shrine of Yet my fellow Louisville resident to keep my insurance. I will never be the Immaculate Conception in Wash- proudly took the floor of the United able to leave this company now that I ington, which is dedicated in her honor States Senate this weekend and have a preexisting condition.’’ as our patroness of the United States bragged that he was ignoring his con- Sandra of Prospect wrote, ‘‘I am to- of America. stituents, half of them at least. He de- tally behind President Obama’s health God of peace and justice, 68 years ago nied them as though a desire for reform care reform. I have insurance now, but today, from this Chamber, President is some sort of a preexisting condition was not allowed to have it for 4 years Franklin Roosevelt asked Congress for that entitles him to abdicate his re- due to a preexisting condition. I lived the permission to respond to terror in- sponsibilities to us. in utter terror the entire time, fearing flicted on our country in Pearl Harbor Senator, you don’t have to take my I would lose my house if I became the previous day. word for it, and I won’t ask you to go sick.’’ Sadly, Lord God, terror continues searching through all of your old mail. Phyllis of the Highlands wrote, ‘‘I today. Individuals, groups of individ- If you’re listening, I’d like to take this think we need health care for more uals, and even some nation-states opportunity to introduce you to a few people. For years, I struggled as a sin- imagine terror, prepare for terror, and of your constituents and mine—yes, gle parent to pay for health insurance conspire for terror. However, the neces- your fellow Kentuckians. Then maybe for my five children, and it frequently sity to protect innocent people, the the next time you exert your consider- cost me more than 30 percent of my in- right of communities to live in peace, able power to stop something that you come—in addition to copays.’’ the expectation that people can live know is of vital importance to many of Christian of Crescent Hill wrote, ‘‘I with differences and in harmony re- your constituents, you will take time know what it is like not to have this main deep desires for Americans and to consider their views as well. basic human right, and I know how Elizabeth of Louisville wrote, ‘‘I am much better the quality of my life is for many others of goodwill. a single mother with two children. I now that I do not have to worry about Guide our Nation with right judg- am offered health insurance through it. I believe that it is shameful that we ment and courage. Encourage all who my employer, but due to the high cost are the only developed country in the labor for an end to terror. We shall of this insurance, I do not always have world without a public health system, never cease seeking Your inspiration in enough money to go to the doctor when and I would like to voice my support of our endeavors to imagine peace and to I need to. Health insurance companies the President’s plan. work for justice. have had at least two decades to get it Finally, Matthew G., a 10-year-old Amen. together and fix the system they have boy from Louisville wrote, ‘‘My par- f ents spend $50,000 per year for my in place, but they have chosen not to. THE JOURNAL Please do not place the citizens of this brother’s autism, and I think it’s a na- country at the mercy of some of the tional crisis. It’s just not fair, and this The SPEAKER pro tempore. The wealthiest companies in this country.’’ is a fair country, and everybody, no Chair has examined the Journal of the Bobby of Okolona wrote, ‘‘As a vet- matter who they are, including my last day’s proceedings and announces eran and recently unemployed worker, brother, Eric, should be treated equal- to the House her approval thereof. I want to thank you for taking a stand ly.’’ Pursuant to clause 1, rule I, the Jour- on health care reform. I lost my job Senator MCCONNELL, these are your nal stands approved. and insurance coverage in May of 2008. constituents, yours and mine, and they f Do we need health care reform? You are Americans. They are deserving of bet.’’ your attention and not your scorn. PLEDGE OF ALLEGIANCE Mary of Louisville wrote, ‘‘I am ask- Please come with me to Louisville, and The SPEAKER pro tempore. Will the ing you to support health care reform. I will introduce you to more of the peo- gentleman from Pennsylvania (Mr. We need a public option plan. My ple who support health care reform for SESTAK) come forward and lead the brother is a 59-year-old diabetic, and is America. House in the Pledge of Allegiance.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.004 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13554 CONGRESSIONAL RECORD — HOUSE December 8, 2009 Mr. SESTAK led the Pledge of Alle- ARE WE FIGHTING OR FUNDING Now, we find ourselves beginning to giance as follows: THE TALIBAN? climb out of this hole. I pledge allegiance to the Flag of the (Mr. KUCINICH asked and was given This week, we will consider a com- United States of America, and to the Repub- permission to address the House for 1 prehensive financial package that is lic for which it stands, one nation under God, minute.) loud and clear: No more, and I state, no indivisible, with liberty and justice for all. Mr. KUCINICH. Madam Speaker, U.S. more, no more will we allow financial institutions to engage in abusive be- f contractors are paying U.S. tax dollars to the Taliban in order to protect the havior with other people’s money. No EXTENDED COBRA CONTINUATION delivery of U.S. shipments of U.S. more will we allow corporate execu- PROTECTION ACT goods to U.S. soldiers so that our sol- tives to receive cash bonuses for failed diers can fight against the Taliban. investments. No more will we let con- (Mr. SESTAK asked and was given sumer protection take a back seat to permission to address the House for 1 In an investigative expose, The Na- tion magazine reveals ‘‘how U.S. funds the bottom line of Bank of America or minute.) Citibank. The age of taxpayer funded Mr. SESTAK. Madam Speaker, I rise the Taliban,’’ and ‘‘with Pentagon cash, contractors bribe insurgents not bailouts is over. today to ask the House to quickly pass Last fall, Americans lost faith in this the Extended COBRA Continuation to attack supply lines for U.S. troops.’’ Another quote from the investigation: country’s ability to regulate corporate Protection Act to ensure health cov- greed. This week, we have a chance to erage for millions of Americans who, ‘‘The real secret to trucking in Afghan- istan is ensuring security on the per- deliver reform Americans demand. We through no fault of their own, have lost cannot let them down. their jobs and now, because Wall Street ilous roads controlled by warlords, tribal militias, insurgents, and Taliban I urge my colleagues to support this gambled with their savings, cannot af- bill. ford the COBRA premiums to keep commanders.’’ The American executive f their health care from their former em- I spoke to was fairly specific about it: ployer. ‘‘The Army is basically paying the SERVICE ACADEMY APPLICATIONS Taliban not to shoot at them,’’ and So, in the economic stimulus bill we (Mr. PITTS asked and was given per- then the Taliban uses that money to provided 65 percent of the cost of those mission to address the House for 1 shoot at our troops. What a racket. premiums, but those benefits are now minute and to revise and extend his re- Are we in Afghanistan to fight or to running out for those who were laid off marks.) first. I ask this House to quickly pass fund the Taliban or both? Mr. PITTS. Madam Speaker, all too the bill to extend those COBRA pre- f often we come to this floor to talk mium subsidies for 6 months. NETWORKS IGNORE CLIMATEGATE about problems in the country. Today, Take a woman in my district. She SCANDAL however, I want to mention some good pays $535 for her 35 percent share of the news about the future of America and premiums. It will go over $1,500 very (Mr. SMITH of Texas asked and was the next generation of patriotic men soon if we do not act. And she has a given permission to address the House and women. preexisting condition and must keep on for 1 minute and to revise and extend In my district this year, applications her health care plan. his remarks.) to the military service academies in- Hundreds have contacted my office Mr. SMITH of Texas. Madam Speak- creased by 30 percent. Today’s youth, regarding this, and I ask this House to er, ABC, CBS, and NBC are the winners more than ever, are looking to serve quickly help. As we come out of this of this week’s Media Fairness Caucus’ this country. And our academies are savage recession, it’s not just economic highly uncoveted ‘‘Lap Dog Award’’ for among the finest universities in the security, but it’s health security we the most glaring example of media world. must address. bias. The networks took 2 weeks to de- While it may seem counterintuitive vote any coverage to the Climategate that a nation at war would see in- f scandal on their evening news pro- creased interest in military service, I grams. think that we have remarkable young CO IS NOW A POLLUTANT 2 We now know that prominent sci- people who value the sacrifices made (Mr. DANIEL E. LUNGREN of Cali- entists were so determined to advance by previous generations. They know fornia asked and was given permission the idea of human-made global warm- the value of freedom and liberty and to address the House for 1 minute and ing that they worked together to hide are willing to defend these precious to revise and extend his remarks.) contradictory temperature data. But gifts. They’re willing to serve a cause Mr. DANIEL E. LUNGREN of Cali- for 2 weeks, none of the networks gave greater than themselves. fornia. Madam Speaker, yesterday was the scandal any coverage on their We just celebrated Thanksgiving, and a historic day. It will be a day which evening news programs, and when they I believe we need to be thankful for lives in economic infamy. The EPA ad- finally did cover it, their reporting was men and women who are eager to wear ministrator yesterday unsheathed the largely slanted in favor of global warm- the uniform and become leaders in our dagger at the heart of our economy ing alarmists. military services. The networks have shown a steady when she announced an endangerment f finding. Yes, CO2 is now a pollutant. pattern of bias on climate change. Dur- That means everyone in this Chamber, ing a 6-month period, four out of five WE’RE NOT DOING ENOUGH anyone who out there might be hearing network news reports failed to ac- (Mr. TEAGUE asked and was given us, you are now polluters. With every knowledge any dissenting views about permission to address the House for 1 breath you take you emit CO2. global warming, according to a Busi- minute.) This was never, ever, conceived by ness and Media Institute study. Mr. TEAGUE. Madam Speaker, Con- Congress when it passed the Clean Air The networks should tell Americans gressional Quarterly recently reported Act. We now have a situation in which the truth, rather than hide the facts. that more American military personnel administrators are going to effectively f have taken their own lives in 2009 than control the entire economy and the have been killed in either the Afghani- way in which we live and the way in FINANCIAL REGULATORY REFORM stan or Iraq wars this year, with 334 which we breathe. This is not the idea (Mr. BACA asked and was given per- members of the military service com- of freedom. This is, in fact, not an mission to address the House for 1 mitting suicide. This staggering num- endangerment finding about clean air. minute.) ber means one thing. We’re not doing This is an endangerment finding about Mr. BACA. Madam Speaker, last fall enough. our freedom. our economy began a tailspin into the We’re not doing enough to provide Our freedom took a vicious blow yes- worst economic crisis since the Great adequate mental health care for our re- terday, and we, as representatives of Depression. For years, greed and irre- turning servicemembers. The National our people, must act. sponsibility was allowed to run wild. Defense Authorization Act of 2009 was

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.008 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13555 recently signed into law with a provi- the reason is that they are symbols of Mike Gray, the NJCAA coach of the sion that I championed that requires the service of police and sheriff’s offi- year who is retiring after leading the mental health screening for all service- cers all over this country who are out Vaqueras for over a decade. members returning from combat. This on dark roads, who are working in dark I would like to congratulate Coach is the single most effective thing we cities, who are doing the hard detective Gray and the entire team on this amaz- can do to identify cases of mental ill- work it takes to keep us safe. And I ing end to their tremendous season. ness, reduce the stigma of mental ill- hope we will thank the next officer we f ness, and ensure our brave men and see for their service. ‘‘LET WALL STREET PAY FOR THE women in uniform receive the treat- And I just want to tell these families RESTORATION OF MAIN STREET’’ ment they need and deserve for mental how I feel. I lost my cousin, a sheriff’s ACT illness. However, we don’t have enough deputy, Mark Brown, in 1999 while in mental health professionals to carry the line of duty. My prayers and heart (Ms. HIRONO asked and was given out these screenings. goes out to these families, and I hope permission to address the House for 1 I ask my colleagues to join me in in- all my colleagues will join me in that minute.) creasing mental health funding and regard. Ms. HIRONO. Madam Speaker, out- of-control financial speculation on making sure the Defense Department f and VA hire the mental health profes- Wall Street contributed to the deep sionals they need to keep our service- b 1015 economic hole we’re in today. Tax- members well. THE FINANCIAL SECURITY OF THE payers have paid the price, risking f UNITED STATES around $3 trillion to stabilize the finan- cial system. Astonishingly, the top CAP-AND-TRADE (Mrs. SCHMIDT asked and was given three bailed-out firms are reportedly (Mr. SMITH of Nebraska asked and permission to address the House for 1 on track to pay $30 billion in bonuses was given permission to address the minute and to revise and extend her re- to top executives this year. In the House for 1 minute and to revise and marks.) meantime, furloughs, unemployment, extend his remarks.) Mrs. SCHMIDT. Madam Speaker, as I and foreclosure are weighing on Amer- Mr. SMITH of Nebraska. Madam was getting ready to come here this ican families. Limited access to lend- Speaker, I rise to express my concerns morning, I was listening to the tele- ing is still a problem for many small about the rush of some of my col- vision and something was said that businesses. leagues that they seem to be in to really caused me to not just pause but It’s time for us to institute a modest enact cap-and-trade legislation. We are really question what some folks are transaction tax on trades of stocks, op- seeing serious doubts on the validity of doing with this country. tions, and swaps. Even a small tax of a the science which is driving this flawed Moody’s Investment Service has quarter percent on these securities policy. In fact, the EPA has formally sounded an alarm. It is said that if we could raise up to $150 billion a year. declared greenhouse gas emissions as do not stop our spending, we will lose Part of this revenue should be used to dangerous pollutants, an action which our AAA rating. We’re in jeopardy of invest in our Nation’s infrastructure, could prove costly to America’s farms, losing our AAA rating in the next 3 to creating jobs and putting Americans ranches, and small businesses. 4 years. back to work again. At a time of double-digit unemploy- This week we’re going to debate an I ask my colleagues to support the ment, the last thing our country needs omnibus budget bill that will spend al- ‘‘Let Wall Street Pay for the Restora- is a jobs-killing tax regime imposed on most a half-trillion dollars—that’s a tion of Main Street Act.’’ Wall Street our family-run small businesses and half-trillion dollars more to the deficit needs to be part of the solution, not an agriculture producers. Agriculture is we already have. Moody’s has warned ongoing part of the problem. us we can’t sustain the spending, and an energy-intensive industry, relying f on fuel for the truck, fertilizer for the this is going to cost us our triple-A rat- USING BAILOUT FUNDS AS A crops, and generators to keep heaters ing. SLUSH FUND VIOLATES THE LAW on during the winter. Madam Speaker, I question what This national energy tax is the wrong some folks want to do. We need to (Mr. PENCE asked and was given per- way to go, and it’s based on flawed pause before we spend the taxpayer dol- mission to address the House for 1 science. lars. We need to make sure that we do minute and to revise and extend his re- not ruin the financial security of our f marks.) Nation. Mr. PENCE. Last year I opposed the HONORING THE LIVES OF THE f Wall Street bailout because I thought FOUR LAKEWOOD CITY POLICE it was just wrong to take $700 billion in OFFICERS KILLED ON NOVEM- CONGRATULATING CENTRAL ARI- bad decisions on Wall Street and trans- BER 30, 2009 ZONA COLLEGE’S CROSS-COUN- fer that debt burden to Main Street (Mr. INSLEE asked and was given TRY TEAM and future generations of Americans. permission to address the House for 1 (Mrs. KIRKPATRICK of Arizona But while I believe the action taken minute and to revise and extend his re- asked and was given permission to ad- by Congress a year ago was wrong, the marks.) dress the House for 1 minute.) TARP legislation actually rightly de- Mr. INSLEE. Madam Speaker, today Mrs. KIRKPATRICK of Arizona. manded that any money not used to in Tacoma, Washington, the State of Madam Speaker, I rise to honor the ac- purchase toxic assets in the bill be used Washington will honor and memori- complishments of Central Arizona Col- to pay down the national debt. The leg- alize the service and lives of four Lake- lege’s women’s cross-country team. islation specifically says that any left- wood City police officers who were On November 14, the Vaqueras earned over TARP money goes to deficit re- slain while on duty on November 30 their second National Junior College duction. this year. Athletic Association Championship in 5 That’s why I have to tell you, Madam Sergeant Mark Renninger, Officer years. The squad had four runners in Speaker, I was astonished when I heard Ronald Owens, Officer Tina Griswold, the top 12 at the Championship meet, Speaker NANCY PELOSI last week sug- and Officer Gregory Richards were with last year’s national title winner, gest that her source to pay for a new killed while in the line of duty. And Rose Tanui, placing second. The team so-called stimulus bill would be left- today, in the Tacoma Dome, thousands has shown an unwavering commitment over TARP funding. And if press re- of Washingtonians will embrace them to excellence. They have been prac- ports are true, the President of the in their arms and in their hearts and to ticing six mornings a week starting at United States will address the Brook- show respect for their loss. 5:59 a.m. since the start of the school ings Institution this morning and sug- But I just want to note that it is the year, and now all their hard work and gest the same. Nation that appropriately honors and lost sleep has paid off. Winning the Let me be clear on this point. To use memorializes these four officers, and title was a perfect sendoff for Coach money from the TARP fund in the

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.009 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13556 CONGRESSIONAL RECORD — HOUSE December 8, 2009 manner that is being discussed by the (a) Includes matter not committed to the vote on veterans issues separate from White House and congressional Demo- conference committee by either House; the D.C. issues, the foreign aid issues, crats would be a violation of the law, (b) Modifies specific matter committed to and all of the other issues we don’t and it would betray the trust of the conference by either or both Houses beyond want stacked together. There are other the scope of the specific matter as com- American people. mitted to the conference committee. things like railroad issues, immigra- It seems the Democrats’ policy on (2) That they shall not record their ap- tion issues. They should all be done spending is, If we got it, spend it—no proval of the final conference agreement (as separately. matter where it comes from. such term is used in clause 12(a)(4) of rule Further, this motion to instruct pro- f XXII of the Rules of the House of Represent- vides that the House will make avail- atives) unless the text of such agreement has able the full text of the conference re- WALL STREET REFORM AND been available to the managers in an elec- port to the conferees at least 72 hours CONSUMER PROTECTIONS ACT tronic, searchable, and downloadable form prior to consideration. There are bil- for at least 72 hours prior to the time de- (Mrs. CAPPS asked and was given scribed in such clause. lions of dollars at stake and a lot of permission to address the House for 1 policy to digest. It’s our responsibility The SPEAKER pro tempore. Pursu- minute and to revise and extend her re- that we, as elected Representatives ant to clause 7 of rule XXII, the gen- marks.) representing our districts, know what tleman from Iowa (Mr. LATHAM) and Mrs. CAPPS. Madam Speaker, I rise we’re voting on. Further, I believe this the gentleman from Massachusetts today in strong support of the Wall motion is not inconsistent with Speak- (Mr. OLVER) each will control 30 min- Street Reform and Consumer Protec- er PELOSI’s policy. utes. tion Act. This historic legislation will I urge a ‘‘yes’’ vote on the simple mo- The Chair recognizes the gentleman strengthen our financial regulatory tion to instruct. from Iowa. system and better protect consumers I reserve the balance of my time. Mr. LATHAM. I yield myself such from abuse by the lending and credit Mr. OLVER. Madam Speaker, the time as I may consume. industries. Most importantly, this his- motion that we have before us is essen- Madam Speaker, this is a very basic toric legislation ends ‘‘too big to fail’’ tially the same motion that we had motion to instruct on what could be a and government bailouts. earlier back in September, September very complicated bill. This motion Never again will taxpayer dollars be 23, when the Legislative branch appro- simply instructs the conferees to re- used to bail out Wall Street and their priations bill was brought to the floor strain from adding any extraneous ma- overpaid executives. Large financial in- and we were considering doing a con- terials—like other appropriation bills stitutions like AIG or Lehman Broth- tinuing resolution for a period of time, and any other issues outside the provi- ers at risk of collapse will be dissolved which ended up leading to a second sions included in either the House- or in an orderly and controlled process, continuing resolution at the point that Senate-passed Transportation HUD and this process will be paid for by the the first one had run out. bill, or THUD bill. This motion also shareholders, by creditors, and the as- The only difference from that motion provides any conference report will be sets of failed companies—not by the is that this one now calls for 72 hours available for no less than 72 hours be- taxpayers. rather than 48 hours, thereby making fore the conference report will be For years, Wall Street has reaped the the time constraint a more difficult brought up for final passage in the spoils of success with no penalties for one given the circumstances that we House. failure. This bill will end this injustice are in and given the time at which we Madam Speaker, the THUD bill, like and force Wall Street to accept respon- are supposed to have another con- every appropriations bill this year, was sibility for its failings. tinuing resolution run out. slammed through the House in July I urge my colleagues to support this under an unprecedented closed and re- b 1030 bill. strictive rule, all in the name of com- So that’s a very small point, because f pleting these bills in ‘‘regular order.’’ at 48 hours, it would be easier to deal MOTION TO INSTRUCT CONFEREES The Senate, even with all of its with. Madam Speaker, in a perfect ON H.R. 3288, TRANSPORTATION, scheduling issues, managed to pass a world, we would have 72 hours to fur- HOUSING AND URBAN DEVELOP- regular THUD bill in an open process ther review this bill. However, we can- MENT, AND RELATED AGENCIES with amendments—and I might add by not guarantee that for the reason that APPROPRIATIONS ACT, 2010 September 17. the current CR expires on the 18th and This THUD bill should have been con- the bills that have been mentioned by Mr. OLVER. Madam Speaker, pursu- sidered and passed by early October at the gentleman from Iowa fund critical ant to clause 1 of rule XXII and by di- the latest. Instead, here we are now in programs. rection of the Committee on Appro- December. The Departments that are funded in priations, I move to take from the According to the plan as presented to these bills cannot wait much longer for Speaker’s table the bill (H.R. 3288) me, Chairman OBEY is planning on the funds, and we want to get the bills making appropriations for the Depart- lumping five other bills with the THUD enacted for the entire year. It’s already ments of Transportation, and Housing bill to create an omnibus. Three of December 8. And we need to get these and Urban Development, and related those bills—Financial Services, For- bills done. Plus, we all know that we agencies for the fiscal year ending Sep- eign Operations, and the Labor H need to have plenty of time for our col- tember 30, 2010, and for other purposes, bills—weren’t even considered on the leagues on the Senate side to act. with a Senate amendment thereto, dis- Senate floor. Two of the other bills— Now, Madam Speaker, I would just agree to the Senate amendment, and the Military Construction-VA and the like to point out that in recent years, agree to the conference asked by the Commerce, Justice, Science bills—have in 2005—and all of these, of course, Senate. passed both the House and the Senate, were while the present minority was in The Clerk read the title of the bill. and there is no reason these bills the majority, and so they were in con- The motion was agreed to. shouldn’t have their own free-standing trol of the procedures that were being Mr. LATHAM. Madam Speaker, I conferences. In fact, the Commerce, followed—in 2005, the omnibus at that have a motion at the desk. Justice, Science bill was supposed to go time included Agriculture, Commerce, The SPEAKER pro tempore. The to conference on November 17, but that Energy-Water, Foreign Operations, In- Clerk will report the motion. conference got yanked due to some terior, Labor-HHS-Education, the Leg The Clerk read as follows: cold feet on the part of the majority at Branch, Transportation, Treasury, VA- Mr. Latham moves that the managers on the prospect of having their Members HUD and Foreign Operations and that the part of the House at the conference on have to vote on Guantanamo Bay pol- year happened to be the vehicle being the disagreeing votes of the two Houses on the Senate amendment to the bill H.R. 3288 icy. used to bring that process to a conclu- be instructed as follows: By voting for this motion to instruct, sion. (1) To disagree to any proposition in viola- you are voting for regular order proc- So the number of bills that were in- tion of clause 9 of Rule XXII which: ess on these bills. We should be able to volved in that process were nine plus

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.010 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13557 the vehicle, 10 of the 12 bills. In that So it is a time-honored process. When we are considering bringing to con- instance, the Agriculture bill had never one gets here, we have known we’ve ference this morning is the Transpor- been considered in the Senate; the had now for 3 months since the end of tation, Housing and Urban Develop- Commerce, Justice and State bills had the fiscal year, almost 3 months since ment, and related agencies bill. never been considered in the Senate. In the end of the fiscal year, and all of I want to thank, again, my ranking fact, that was before—that was Justice these bills have been put forward in member. This is his first year that Mr. and Judiciary at that point, it was a conference in continuing resolutions, LATHAM has been the ranking member, more complicated bill. Energy-Water and the final continuing resolution and I have enjoyed greatly the commu- never were considered in the Senate, ends on the 18 of December, 10 days nications that we have had, sporadic as Interior had never been considered in away. The bill that we have before us is they have been. We work kind of in fits the Senate, Labor-HHS had never been the Transportation, Treasury bill. and starts because there has been a lot considered in the Senate, Leg Branch My ranking member, Mr. LATHAM, I of waiting in the process to get to had never appointed conferees, Trans- want to express my strong appreciation where we are today. portation and Treasury had never been for all the work that he has done on But I want to thank him in par- considered in the Senate, and the VA- the legislation thus far that is the car- ticular for the cooperation and the HUD bill was never considered in either rying legislation here. And he has men- work that he and his staff have done. body. tioned that there are several bills that And I would name the minority clerk, Yet all of those bills were in that are being added, and I’m not going to Dena Baron, and on the minority side continuing resolution. And so this has exactly repeat those because they are David Gibbons and Allison Peters and been done in the past. That was the already now a part of the RECORD, and Janine Scianna. And on our side, I omnibus bill that finished up our work they do not complete our—there is one want to give the strongest praise to our for the fiscal year 2005 budget. left. There is a Defense bill that is left. staff and to our clerk and that staff Going back a year, we considered an So we are in a time constraint. We with Kate Hallahan, who has given me appropriations bill to finish up the fis- need to move. We have a situation that a list that doesn’t even have her name cal year 2004 sequence that included we understand quite well if I were to go on it. She is so modest here. David Agriculture, Commerce, State, Justice, through and list the dates on which the Napoliello, Kate Hallahan, Laura Hogs- District of Columbia, Foreign Oper- Senate acted finally on several of these head, Alex Gillen, Sylvia Garcia who ations, Labor-Health-Education, Trans- bills, they have been passed in the Sen- is, in this lengthened process, a re- portation, Treasury and VA-HUD; and ate in the case of Commerce at least placement in the middle of the process Agriculture was the vehicle. And CJS and Veterans Affairs and Military Con- of bringing out this legislation for a was never considered in the Senate. struction, but they weren’t passed in previous staff member who has now D.C. had not appointed conferees. The the Senate until well after the end of gone on to greener pastures. Foreign Operations bill had appointed the fiscal year 2009. All of our bills And with that, I yield back the bal- conferees, but never reported a con- have been passed through the House by ance of my time. ference report. A report had never been the end of fiscal year 2009. So we were Mr. LATHAM. I want to express my agreed to. Labor-HHS, the conferees ready to move forward with individual appreciation to the chairman for his had been appointed, but then the con- bills at a much earlier stage. patience. This has been a difficult proc- ference, the conferees discharged from As I have already stated, we cannot ess. As he mentioned, we start and their appointment and brought it back guarantee 72 hours. It would be nice in stop, start and stop and back and forth; to the full committee. And so VA-HUD a perfect world to be able to do that. but it has been a real pleasure for me never had appointed conferees. And so But we must get this legislation done, in my first year on this subcommittee it goes. or we are putting enormous pressures to work with the chairman. And while The conferees in these instances in- on the executive Departments of this we don’t always agree on everything, cluded a series of Members from the government and on our own procedures we always have a very, very open dia- majority side, from the variety of the as we move forward toward the appro- logue. And I appreciate that very committees in each case. At that time, priations process for fiscal year 2011, much. Again, Madam Speaker, this really is Mr. YOUNG of Florida was the chairman which comes quickly on the tail of get- very simple. With all the money that of the Appropriations Committee. And ting finished with the needs that we we are spending in this bill that we are I could go on here. In 2003, the consoli- have for finishing fiscal year 2010. dated appropriations resolution that I reserve the balance of my time. pulling together a bunch of extraneous completed the 2003 budgetary events Mr. LATHAM. Madam Speaker, while bills that have nothing to do with included Agriculture, Commerce, Dis- I appreciate the chairman reciting his- Transportation and HUD, the idea that trict of Columbia, those were still part tory, also you should look at fiscal we should just limit the conference to of it, except it was still a separate sub- year 2006 when every bill was passed in- this bill, there are other avenues for committee, Energy-Water Develop- dividually, signed into law in regular doing the other bills. And certainly ment, Foreign Operations, Interior, order with an open, free process. And when you are spending this much Labor-HHS, Legislative Branch, Trans- so I think that is a model that we money, there is no doubt that people portation, Treasury and Postal Service should all be looking for, and hopefully should have a chance, at least 72 hours, were now getting back at least two dif- that would be the case. And there’s no to look at this bill in advance of pas- ferent reorganizations of the jurisdic- reason to put all of these bills to- sage. I would ask for a ‘‘yes’’ vote. tions of the Appropriations Committee, gether. And certainly there’s no reason I yield back the balance of my time. all during the period that the present that we shouldn’t have enough time to The SPEAKER pro tempore. All time minority making the motion was in look at—it’s about a half a trillion dol- for debate having expired, without ob- control and moved very quickly on the lars of spending—to have 72 hours to fi- jection, the previous question is or- actions. nally look at the bill. dered. In that year, 2003, every one of the Again, Madam Speaker, there really There was no objection. bills that I have mentioned had never is no controversy here. This is a simple The SPEAKER pro tempore. The been considered in one or the other motion to instruct, directing the com- question is on the motion to instruct. branch. Several of them had not been mittee to, number one, keep the THUD The question was taken; and the considered in the House, and several of bill clean and within its scope of the Speaker pro tempore announced that them had not been considered in the conference, and, number two, to allow the noes appeared to have it. Senate. Well, I’m wrong actually. In the conference agreement to be avail- Mr. LATHAM. Madam Speaker, on the House, Leg Branch had never ap- able to conferees 72 hours in advance of that I demand the yeas and nays. pointed conferees, but it had been con- final passage. The yeas and nays were ordered. sidered and the bill had been passed. I ask for a ‘‘yes’’ vote. The SPEAKER pro tempore. Pursu- But in the others, the others had never I reserve the balance of my time. ant to clause 8 of rule XX, further pro- been considered in either House, in one Mr. OLVER. Madam Speaker, I would ceedings on this question will be post- of the two branches at least. just like to reiterate that the bill that poned.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.013 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13558 CONGRESSIONAL RECORD — HOUSE December 8, 2009 b 1045 Rafidayn TV, or any other Specially Des- Without a doubt, freedom of the press ignated Global Terrorist owned and operated and freedom of expression are the foun- ANNOUNCEMENT BY THE SPEAKER stations that openly incite their audiences dations of free and prosperous societies PRO TEMPORE to commit acts of terrorism or violence throughout the world. Yet with this The SPEAKER pro tempore. Pursu- against the United States and its citizens. (c) REPORT.— important freedom comes the great re- ant to clause 8 of rule XX, the Chair (1) REQUIREMENT FOR REPORTS.—Beginning sponsibility to reject and repudiate will postpone further proceedings 6 months after the date of the enactment of that incitement to violence. This reso- today on motions to suspend the rules this Act and annually thereafter, the Presi- lution attempts to remind us of that on which a recorded vote or the yeas dent shall transmit to the appropriate con- fact. and nays are ordered, or on which the gressional committees a report on anti- For years, certain media outlets in vote incurs objection under clause 6 of American incitement to violence in the Mid- the Middle East, particularly those as- rule XX. dle East. sociated with terrorist groups, have re- (2) CONTENT.—The reports required under Record votes on postponed questions paragraph (1) shall include— peatedly published or have broadcast will be taken later. (A) a country-by-country list and descrip- incitement to violence against the f tion of media outlets that engage in anti- United States and our allies. Television American incitement to violence; and stations, such as Hezbollah’s al-Manar, REQUESTING REPORT ON ANTI- (B) a list of satellite companies that carry Hamas’ al-Aqsa, the Iraq-based Al- AMERICAN INCITEMENT TO VIO- mediums described in subparagraph (A) or Zawra, and others that broadcast in- LENCE IN THE MIDDLE EAST designated under Executive Order 13224. citement to violence against the (d) DEFINITIONS.—In this section: United States aid foreign terrorist or- Mr. COSTA. Madam Speaker, I move (1) ANTI-AMERICAN INCITEMENT TO VIO- to suspend the rules and pass the bill LENCE.—The term ‘‘anti-American incite- ganizations in their key functions to (H.R. 2278) to direct the President to ment to violence’’ means the act of per- recruit, to fund-raise, and to incite fur- transmit to Congress a report on anti- suading, encouraging, instigating, advo- ther propaganda. This must not con- American incitement to violence in the cating, pressuring, or threatening so as to tinue. Some of these stations are Middle East, and for other purposes, as cause another to commit a violent act broadcast throughout the region by against any person, agent, instrumentality, amended. two prominent Arab world satellites— or official of, is affiliated with, or is serving Egypt’s Nilesat and the Arab League’s The Clerk read the title of the bill. as a representative of the United States. Arabsat—in which both Saudi Arabia The text of the bill is as follows: (2) APPROPRIATE CONGRESSIONAL COMMIT- H.R. 2278 TEES.—The term ‘‘appropriate congressional and Kuwait are the leading share- holders. Saudi Arabia and Kuwait have Be it enacted by the Senate and House of Rep- committees’’ means the Committee on For- resentatives of the United States of America in eign Affairs of the House of Representatives relations with our country. Congress assembled, and the Committee on Foreign Relations of This is unfortunate. This propaganda the Senate. SECTION 1. ANTI-AMERICAN INCITEMENT TO VIO- threatens long-term U.S. interests in LENCE IN THE MIDDLE EAST. (3) MIDDLE EAST.—The term ‘‘Middle East’’ the region, and it does a great deal of means Algeria, Bahrain, Egypt, Iran, Iraq, (a) FINDINGS.—Congress finds the fol- damage to the prospect of improving Israel, the West Bank and Gaza Strip, Jor- lowing: bilateral relations between America dan, Kuwait, Lebanon, Libya, Morocco, (1) Freedom of the press and freedom of ex- Oman, Qatar, Saudi Arabia, Syria, Tunisia, and our allies in the Arab world. In ad- pression are the foundations of free and pros- the United Arab Emirates, and Yemen. dition, it undermines the prospects for perous societies worldwide, and with the Arab-Israeli peace. Make no doubt freedom of the press and freedom of expres- The SPEAKER pro tempore. Pursu- sion comes the responsibility to repudiate ant to the rule, the gentleman from about that. Americans have witnessed the direct purveyors of incitement to violence. California (Mr. COSTA) and the gentle- connection between the charged rhet- (2) For years, certain media outlets in the woman from Florida (Ms. ROS- oric of the jihadist narrative, as Tom Middle East, particularly those associated LEHTINEN) each will control 20 minutes. with terrorist groups, have repeatedly pub- The Chair recognizes the gentleman Friedman called it in his recent col- lished or broadcast incitements to violence from California. umn that many of us have read, and it against the United States and Americans. GENERAL LEAVE incites actual violence. This incite- (3) Television channels that broadcast in- Mr. COSTA. Madam Speaker, I ask ment creates an environment condu- citement to violence against Americans, the cive to and accepting of terrorism, ter- United States, and others have demonstrated unanimous consent that all Members the ability to shift their operations to dif- may have 5 legislative days to revise rorism that impacts all of us through- ferent countries and their transmissions to and extend their remarks and to in- out the world. As the U.S. and other different satellite providers in order to con- clude extraneous material on the bill nations join in fighting this terrorism, tinue broadcasting and to evade account- under consideration. there must be renewed vigilance ability. The SPEAKER pro tempore. Is there against the purveyors of anti-American (4) Television channels such as al-Manar, objection to the request of the gen- hatred abroad and of the consequences al-Aqsa, al-Zawra, and others that broadcast tleman from California? for inaction, inattention, or state spon- incitement to violence against the United There was no objection. sorship of this hatred. States and Americans aid Foreign Terrorist This legislation requires the State Organizations in the key functions of re- Mr. COSTA. I yield myself as much cruitment, fundraising, and propaganda. time as I may consume as I rise in Department to submit to Congress an (b) STATEMENT OF POLICY.—It shall be the strong support of this resolution. annual report that details, country by policy of the United States to— Madam Speaker, I want to commend country, Middle Eastern media outlets (1) designate as Specially Designated Glob- my friend from Florida (Mr. BILIRAKIS) that engage in anti-American incite- al Terrorists satellite providers that know- for introducing this piece of legislation ment to violence and of the satellite ingly and willingly contract with entities as well as my friend and colleague from companies that transmit them. They designated as Specially Designated Global New York, JOE CROWLEY, for his leader- are the enablers. Terrorists under Executive Order 13224, to ship on this issue. It also establishes as U.S. policy that broadcast their channels, or to consider im- This is an important matter. The satellite providers which knowingly plementing other punitive measures against satellite providers that transmit al-Aqsa TV, Obama administration has brought a and willingly contract with terrorist al-Manar TV, al-Rafidayn TV, or any other new, more positive tone to American entities can be legally designated as terrorist owned and operated station; foreign policy in the Middle East. Yet, ‘‘specially designated global terror- (2) consider state-sponsorship of anti- despite the President’s desire to seek a ists,’’ under Executive Order 13224, for American incitement to violence when deter- new beginning between the United perpetrating this incitement. In addi- mining the level of assistance to, and fre- States and Muslims around the world, tion, it calls upon our government to quency and nature of relations with, all there still lies fanatical anti-American consider the state sponsorship of anti- states; and and anti-Semitic efforts which con- American incitement to violence when (3) urge all governments and private inves- tors who own shares in satellite companies tinue to incite people around the world determining the level of assistance to or otherwise influence decisions about sat- through broadcasts in the Middle East and the frequency and nature of rela- ellite transmissions to oppose transmissions by television stations for those Muslim tions with Middle Eastern states. We of telecasts by al-Aqsa TV, al-Manar TV, al- viewers. ought to reflect and make an analysis

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.016 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13559 of this effort. This legislation attempts posed by the broadcasts of incitement ignated as specially designated global to do so. to violence against Americans and the terrorists. Finally, H.R. 2278 urges all govern- United States on television channels This bill would also make it the pol- ments and private investors who are and other media which are accessible icy of the U.S. to urge all governments involved with satellite transmissions in the United States. It will highlight and private investors who own shares to oppose the broadcasting of telecasts how the threat may increase the risk in satellite companies to oppose trans- by any specially designated global ter- of radicalization and recruitment of missions of telecasts by any station rorist-owned-and-operated stations Americans into extremist organiza- that openly incites its audience to which openly incite their audiences to tions which seek to carry out attacks commit acts of terrorism or violence commit acts of terrorism or acts of vio- against American targets and on Amer- against the United States and its citi- lence against the United States and its ican soil. zens. citizens or against citizens throughout We cannot allow satellite providers This bill requires the President to the world. which traffic in and profit from anti- transmit a report to Congress that I know that the terrorist likes of American incitement to violence to re- must include a country-by-country list Hamas and Hezbollah will not soon main in the shadows. We must join and description of media outlets that abandon their mass media attempts of with the majority of those throughout engage in anti-American incitement to promoting hatred and violence, but the Middle East and right here at home violence in the Middle East and a list there are efforts that we can and who value pluralism, who value toler- of satellite companies which carry such should pursue. It is longtime past for ance, and, in both word and deed, who media. all state-owned and privately owned reject the purveyors of anti-American Most importantly, it must be the pol- satellite companies, wherever they are incitement to violence and their icy of the United States, in crafting its located, to cease transmitting these enablers. foreign policy, to consider the state ugly messages which encourage the Madam Speaker, I strongly urge my sponsorship of anti-American incite- murder of Americans and our allies. colleagues to support this critical leg- ment to violence when determining the That is why, Madam Speaker, I strong- islation. I thank the author of this im- level of assistance to and frequency in ly support this legislation, and I urge portant bill, my colleague from Florida nature of relations with regional all of my colleagues to join me in that (Mr. BILIRAKIS), for its introduction. As states. support. well, I thank our friend from New York Finally, Madam Speaker, the broad- I reserve the balance of my time. (Mr. CROWLEY). cast of incitement to violence against Ms. ROS-LEHTINEN. I yield myself With that, Madam Speaker, I yield Americans in our country on television such time as I may consume. Madam Speaker, I also rise in strong such time as he may consume to my channels and on other media that are support of this legislation authored by friend from Florida (Mr. BILIRAKIS). accessible in the U.S. may increase the Mr. BILIRAKIS. Madam Speaker, I my good friend and colleague from risk of the radicalization and recruit- rise today in support of H.R. 2278. Florida, Congressman GUS BILIRAKIS, ment of individuals into foreign ter- I want to thank the gentleman from and I am a proud cosponsor of this im- rorist organizations that seek to carry California, of course my good friend portant bill. out acts of violence against American from Florida, and also the gentleman I thank Mr. BILIRAKIS for his vision, targets on American soil. This is a con- and I also wish to extend my gratitude from New York (Mr. CROWLEY). cerning trend that must be halted. to our colleague from New York, Con- My legislation will direct the Presi- Madam Speaker, I urge the passage dent to transmit to Congress a report gressman JOE CROWLEY. They have of this very important measure, which been leaders on this important issue. on anti-American incitement to vio- I hope will improve our national secu- The bill before us, Madam Speaker, is lence in the Middle East. This nefar- rity and the safety of our soldiers and a successor to a resolution that was ious activity is escalating in quality citizens overseas. passed last Congress condemning the and quantity and is fueled by the rapid Again, I thank the gentleman from broadcasting of incitement to violence growth of satellite television through- California and the gentlewoman from against Americans and the United out the Arab world. Florida. I appreciate it very much. States in media based in the Middle In 2008, al-Manar TV, which is run by Ms. ROS-LEHTINEN. Madam Speak- East and calling for the designation of Hezbollah, broadcast over two dozen er, I reserve the balance of my time. al-Aqsa TV as a specially designated video clips of insurgents’ bombings Mr. COSTA. Madam Speaker, I ask global terrorist entity. against U.S. and coalition forces in unanimous consent to turn the man- As we commemorate the 68th anni- Iraq. Further, Iranian state-controlled agement of this measure and of the versary of the United States’ entry TV channels, such as al-Rafidayn, re- other remaining items to my friend, into World War II, we know well the peatedly broadcast calls for ‘‘death to the gentleman from New York (Mr. power that words have for either good America.’’ Al-Aqsa TV, an arm of ENGEL). or evil. Before there were factories to Hamas, broadcast a puppet show de- The SPEAKER pro tempore. Is there drive the Nazi war machine, there were picting an Arab child stabbing the objection to the request of the gen- hateful and violent words. Before there President of the United States. tleman from California? were bricks to build concentration Instead of denouncing such incite- There was no objection. camps, there were ugly, dehumanizing ment, many countries in the region Mr. ENGEL. Madam Speaker, I rise words. As we have witnessed, such provide financial, material, and tech- in strong support of this resolution. charged rhetoric invites violent action, nological support to the purveyors of I reserve the balance of my time. and such incitement creates an envi- incitement. Al-Manar and al-Aqsa, Ms. ROS-LEHTINEN. With that, ronment accepting of and conducive to among others, are transmitted on the Madam Speaker, I yield back the bal- violent Islamic extremism. satellite providers Nilesat, which is ance of my time. As we too sadly learned on Sep- controlled by the Egyptian Govern- Mr. ENGEL. Madam Speaker, I yield tember 11, 2001, purveyors of anti- ment, and Arabsat, which is controlled back the balance of my time. American incitement to violence traf- by the Arab League. Given the dangers The SPEAKER pro tempore. The fic not only in words but in deeds. Ac- such incitement poses to American sol- question is on the motion offered by cordingly, this important and critical diers and civilians in the region and at the gentleman from California (Mr. legislation before us this morning re- home, it is long past time for the U.S. COSTA) that the House suspend the quires that the President submit a re- and other responsible nations to stop rules and pass the bill, H.R. 2278, as port to Congress on the activities of this growing threat. The passage of amended. media outlets which engage in anti- H.R. 2278 is therefore critical. The question was taken. American incitement to violence and This legislation seeks to designate, The SPEAKER pro tempore. In the on the satellite providers that carry under Executive Order 13224, specially opinion of the Chair, two-thirds being out these messages of hate. designated global terrorist satellite in the affirmative, the ayes have it. Furthermore, Mr. BILIRAKIS’ legisla- providers which knowingly engage in Mr. BILIRAKIS. Madam Speaker, on tion seeks to document the threat contracts with entities already des- that I demand the yeas and nays.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.017 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13560 CONGRESSIONAL RECORD — HOUSE December 8, 2009 The yeas and nays were ordered. supply reduction and interdiction, with par- mittee on Foreign Affairs of the House of The SPEAKER pro tempore. Pursu- ticular emphasis on international drug poli- Representatives and the Committee on For- ant to clause 8 of rule XX and the cies and programs directed toward the coun- eign Relations of the Senate, the Committee Chair’s prior announcement, further tries of the Western Hemisphere, along with on the Judiciary of the House of Representa- foreign and domestic demand reduction poli- tives and the Committee on the Judiciary of proceedings on this motion will be cies and programs. The Commission shall the Senate, the Committee on Energy and postponed. identify policy and program options to im- Commerce of the House of Representatives f prove existing international and domestic and the Committee on Health, Education, counternarcotics policy. Labor and Pensions of the Senate, the Com- b 1100 SEC. 5. DUTIES OF THE COMMISSION. mittee on Armed Services of the House of WESTERN HEMISPHERE DRUG (a) REVIEW OF ILLICIT DRUG SUPPLY REDUC- Representatives and the Committee on Armed Services of the Senate, the Secretary POLICY COMMISSION ACT OF 2009 TION AND DEMAND REDUCTION POLICIES.—The Commission shall conduct a comprehensive of State, the Secretary of Defense, the Sec- Mr. ENGEL. Madam Speaker, I move review of United States policy regarding il- retary of Health and Human Services, the to suspend the rules and pass the bill licit drug supply reduction, interdiction, and Attorney General, and the Director of the (H.R. 2134) to establish the Western demand reduction policies and shall, at a Office of National Drug Control Policy Hemisphere Drug Policy Commission, minimum, address the following topics: (ONDCP) a report that contains a detailed (1) An assessment of United States inter- statement of the recommendations, findings, as amended. and conclusions of the Commission, includ- The Clerk read the title of the bill. national illicit drug control policies in the Western Hemisphere. ing summaries of the input and recommenda- The text of the bill is as follows: (2) An assessment of drug interdiction ef- tions of the leaders and organizations with H.R. 2134 forts, crop eradication programs, and the which is consulted under subsection (b). Be it enacted by the Senate and House of Rep- promotion of economic development alter- (2) PUBLIC AVAILABILITY.—The report re- resentatives of the United States of America in natives to illicit drugs. quired under this subsection shall be made Congress assembled, (3) The impact of the Andean Counterdrug available to the public. SEC. 6. MEMBERSHIP. SECTION 1. SHORT TITLE. Initiative (ACI), the Merida Initiative, the (a) NUMBER AND APPOINTMENT.—The Com- This Act may be cited as the ‘‘Western Caribbean Basin Security Initiative, and other programs in curbing drug production, mission shall be composed of ten members, Hemisphere Drug Policy Commission Act of to be appointed as follows: 2009’’. drug trafficking, and drug-related violence in the Western Hemisphere. (1) The majority leader and minority lead- SEC. 2. FINDINGS. (4) An assessment of how to better deploy er of the Senate shall each appoint two mem- Congress finds the following: and employ available technology to target bers. (1) According to the Substance Abuse and major drug cartels. (2) The Speaker and the minority leader of Mental Health Services Administration’s (5) An assessment of efforts to curb the the House of Representatives shall each ap- (SAMHSA) National Survey on Drug Use and trafficking of chemical precursors for illicit point two members. Health, in 2008 in the United States, there drugs. (3) The President shall appoint two mem- were an estimated 25,768,000 users of mari- (6) An assessment of how the United States bers. juana, 5,255,000 users of cocaine, 850,000 users drug certification process serves United (b) APPOINTMENTS.—The Commission may of methamphetamine, and 453,000 users of States interests with respect to United not include Members of Congress or other heroin. States international illicit drug control poli- currently elected Federal, State, or local (2) Nearly 100 percent of the United States cies. government officials. (c) PERIOD OF APPOINTMENT.—Each member cocaine supply originates in the Andean (7) An assessment of the nature and extent shall be appointed for the life of the Commis- countries of Bolivia, Colombia, and Peru and of the United States population’s demand for sion. Any vacancies shall not affect the over 90 percent of the United States heroin illicit drugs. power and duties of the Commission, but supply originates in Colombia and Mexico. (8) An assessment of United States drug shall be filled in the same manner as the (3) In those countries, the cultivation, pro- prevention and treatment programs, includ- original appointment. duction and trafficking of cocaine and heroin ing anti-drug coalitions, drug courts, and (d) DATE.—Members of the Commission generate violence, instability and corrup- programs aimed at preventing recidivism. shall be appointed not later than 30 days tion. (9) An assessment of the extent to which after the date of the enactment of this Act. (4) In the transit countries of Central the consumption of illicit drugs in the America, Mexico, Venezuela, Ecuador, Haiti, (e) INITIAL MEETING AND SELECTION OF United States is driven by individuals ad- CHAIRPERSON.—Not later than 60 days after and other Caribbean countries, drug traf- dicted to or abusive of illicit drugs, and the ficking is central to the growing strength of the date of the enactment of this Act, the most effective experiences in the United Commission shall hold an initial meeting to organized criminals to threaten local and na- States and throughout the world in treating tional law enforcement, political institu- develop and implement a schedule for com- those individuals and reducing the damage pletion of the review and report required tions, citizen security, rule of law, and to themselves and to society. United States security and interests. under section 5. At the initial meeting, the (10) Recommendations on how best to im- Commission shall select a Chairperson from (5) Drug-related violence is on the rise in prove United States policies aimed at reduc- Mexico and along the United States-Mexico among its members. ing the supply of and demand for illicit (f) QUORUM.—Six members of the Commis- border. 5,661 people died in Mexico in 2008 drugs. alone as a result of drug-related violence. sion shall constitute a quorum. (11) Assessing the value of supporting rel- (g) TRAVEL EXPENSES.—Members shall re- This is more than double the 2007 total of evant government entities and nongovern- ceive travel expenses, including per diem in 2,773. mental institutions in other countries of the lieu of subsistence, in accordance with sec- (6) According to the Department of State’s Western Hemisphere in promoting the reduc- tions 5702 and 5703 of title 5, United States June 2009 Trafficking in Persons report, or- tion of supply of and demand for illicit Code, while away from their homes or reg- ganized criminal networks in Mexico also drugs. ular places of business in performance of ‘‘traffic Mexican women and girls into the (12) An assessment of whether the proper services for the Commission. United States for commercial sexual exploi- indicators of success are being used in SEC. 7. POWERS. tation’’. United States illicit drug control policy. (7) Extremist groups and their supporters (a) MEETINGS.—The Commission shall meet (b) COORDINATION WITH GOVERNMENTS, in the Western Hemisphere, including the at the call of the Chairperson or a majority INTERNATIONAL ORGANIZATIONS, AND NON- Revolutionary Armed Forces of Colombia of its members. GOVERNMENTAL ORGANIZATIONS (NGOS) IN THE (b) HEARINGS.—The Commission may hold (FARC) and Hezbollah, often use drug traf- WESTERN HEMISPHERE.—In conducting the such hearings and undertake such other ac- ficking to finance terrorist activities. review required under subsection (a), the tivities as the Commission determines nec- (8) From 1980-2008, United States counter- Commission shall consult with—— essary to carry out its duties. narcotics assistance from the State and De- (1) government, academic, and nongovern- (c) OTHER RESOURCES.—The Commission fense Departments to Latin America and the mental leaders, as well as leaders from inter- shall have reasonable access to documents, Caribbean totaled about $11,300,000,000. national organizations, from throughout the statistical data, and other such information SEC. 3. ESTABLISHMENT OF WESTERN HEMI- United States, Latin America, and the Carib- the Commission determines necessary to SPHERE DRUG POLICY COMMISSION. bean; and carry out its duties from the Library of Con- There is established an independent com- (2) the Inter-American Drug Abuse Control gress, the Office of National Drug Control mission to be known as the ‘‘Western Hemi- Commission (CICAD) to examine what Policy, the Department of State, the Depart- sphere Drug Policy Commission’’ (in this Act changes would increase its effectiveness. ment of Health and Human Services, the De- referred to as the ‘‘Commission’’). (c) REPORT.— partment of Justice, the Drug Enforcement SEC. 4. PURPOSE. (1) IN GENERAL.—Not later than 12 months Administration, the Department of Defense The Commission shall review and evaluate after the first meeting of the Commission, (including the United States Southern Com- United States policy regarding illicit drug the Commission shall submit to the Com- mand), and other agencies of the executive

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.020 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13561 and legislative branches of the Federal Gov- The Chair recognizes the gentleman us to understand what we can do more ernment. The Chairperson of the Commission from New York. effectively. I urge my colleagues to shall make requests for such access in writ- GENERAL LEAVE support this crucial legislation. ing when necessary. The General Services Administration (GSA) shall make office Mr. ENGEL. Madam Speaker, I ask CONGRESS OF THE UNITED STATES, space available for day-to-day Commission unanimous consent that all Members COMMITTEE ON THE JUDICIARY, activities and for scheduled Commission may have 5 legislative days to revise Washington, DC, November 5, 2009. meetings. Upon request, the Administrator and extend their remarks and include Hon. HOWARD BERMAN, of General Services shall provide, on a reim- extraneous material on the bill under Chairman, Committee on Foreign Affairs, House bursable basis, such administrative support consideration. of Representatives, Washington, DC. as the Commission requests to fulfill its du- The SPEAKER pro tempore. Is there DEAR HOWARD. This is to advise you that, ties. objection to the request of the gen- as a result of your having consulted with us (d) AUTHORITY TO USE THE UNITED STATES tleman from New York? on provisions in H.R. 2134, the Western Hemi- MAILS.—The Commission may use the United sphere Drug Policy Commission Act of 2009, States mails in the same manner and under There was no objection. Mr. ENGEL. Madam Speaker, I rise that fall within the rule X jurisdiction of the the same conditions as other departments Committee on the Judiciary, we are able to and agencies of the United States. in strong support of H.R. 2134, a bill agree to discharging our committee from (e) AUTHORITY TO CONTRACT.—Subject to that I authored to establish a Western further consideration of the bill, in order the Federal Property and Administrative Hemisphere Drug Policy Commission. Services Act of 1949, the Commission is au- that it may proceed without delay to the I thank Foreign Affairs Chairman House floor for consideration. thorized to enter into contracts with Federal HOWARD BERMAN and Ranking Member and State agencies, private firms, institu- The Judiciary Committee takes this action ILEANA ROS-LEHTINEN for their support tions, and individuals for the conduct of ac- of this bill. with the understanding that by forgoing fur- tivities necessary to the discharge of its du- ther consideration of H.R. 2134 at this time, I am particularly grateful to CONNIE ties and responsibilities. A contract, lease, we do not waive any jurisdiction over subject or other legal agreement entered into by the MACK, the ranking member of the matter contained in this or similar legisla- Commission may not extend beyond the date Western Hemisphere Subcommittee, tion, and that our Committee will be appro- of termination of the Commission. which I chair, for being my lead Repub- priately consulted and involved as the bill SEC. 8. STAFF. lican cosponsor of this bill. moves forward, so that we may address any (a) EXECUTIVE DIRECTOR.—The Commission Madam Speaker, billions of U.S. tax- remaining issues on matters in our jurisdic- shall have a staff headed by an Executive Di- payer dollars have been spent over the tion. We also reserve the right to seek ap- rector. The Executive Director and such staff years to fight the drug trade in Latin pointment of an appropriate number of con- as is needed shall be paid at a rate not more America and the Caribbean. In spite of ferees to any House-Senate conference in- than the rate of pay for level IV of the Exec- volving this important legislation, and re- utive Schedule. our efforts, drug use in the United quest your support if such a request is made. (b) STAFF APPOINTMENT.—With the ap- States has increased. proval of the Commission, the Executive Di- According to the Brookings Institu- I would appreciate your including this let- rector may appoint such personnel as the Ex- tion, since the peak of the heroin and ter in your committee report, or in the Con- ecutive Director determines to be appro- cocaine epidemics of the mid-1980s, gressional Record during consideration of priate. The Commission may appoint and fix consumption rates for these narcotics the bill on the House floor. Thank you for the compensation of such other personnel as have remained more or less stable. At your attention to our requests, and for the may be necessary to enable the Commission the same time, amphetamine use has cooperative relationship between our two to carry out its duties, without regard to the spread. committees. provisions of title 5, United States Code, gov- Sincerely, erning appointments in the competitive As Members of Congress, we owe it to our constituents to do a better job JOHN CONYERS, Jr., service, and without regard to the provisions Chairman. of chapter 51 and subchapter III of chapter 53 combating the drug trade and taking of such title relating to classification and illegal drugs off of our cities’ streets. I General Schedule pay rates, except that no believe that we are long past due in re- HOUSE OF REPRESENTATIVES, COMMITTEE ON FOREIGN AFFAIRS, rate of pay fixed under this subsection may examining our counternarcotics efforts exceed the equivalent of that payable to a Washington, DC, November 20, 2009. here at home and throughout the Hon. JOHN CONYERS, Jr., person occupying a position at level V of the Americas. Executive Schedule under section 5316 of Chairman, Committee on the Judiciary, such title. H.R. 2134 will create an independent Washington, DC. (c) EXPERTS AND CONSULTANTS.—With the commission to evaluate U.S. drug poli- DEAR MR. CHAIRMAN: Thank you for your approval of the Commission, the Executive cies and programs aimed at reducing il- letter regarding H.R. 2134, the ‘‘Western Director may procure temporary and inter- licit drug supply in the Americas and Hemisphere Drug Policy Commission Act of mittent services under section 3109(b) of title the demand for these drugs here at 2009.’’ 5, United States Code. home. This commission will assess all (d) DETAIL OF GOVERNMENT EMPLOYEES.— I appreciate your willingness to work coop- aspects of the illegal drug trade, in- eratively on this legislation. I recognize that Upon the request of the Commission, the cluding prevention and treatment pro- head of any Federal agency may detail, with- the bill contains provisions that fall within out reimbursement, any of the personnel of grams in the United States. the jurisdiction of the Committee on the Ju- such agency to the Commission to assist in The Western Hemisphere Drug Policy diciary. I acknowledge that your Committee carrying out the duties of the Commission. Commission will be required to submit will not formally consider the bill and agree Any such detail shall not interrupt or other- recommendations on future U.S. drug that the inaction of your Committee with re- wise affect the civil service status or privi- policy to Congress and various Cabinet spect to the bill does not waive any future leges of the personnel. secretaries, including the Secretary of jurisdictional claim over the matters con- SEC. 9. AUTHORIZATION OF APPROPRIATIONS. State, the Secretary of Defense, the tained in the bill which fall within the Com- (a) IN GENERAL.—There are authorized to Secretary of Health and Human Serv- mittee’s Rule X jurisdiction. be appropriated $2,000,000 to carry out this ices, and the Attorney General. Further, as to any House-Senate con- Act. To tackle our Nation’s horrific drug ference on the bill, I understand that your (b) AVAILABILITY.—Amounts appropriated problem once and for all, we must have Committee reserves the right to seek the ap- pursuant to subsection (a) shall remain pointment of conferees for consideration of available, without fiscal year limitation, a better sense of what works and what does not work. The citizens of our portions of the bill that are within the Com- until expended. mittee’s jurisdiction, and I agree to support great country, who deal every day with SEC. 10. SUNSET. a request by the Committee with respect to The Western Hemisphere Drug Policy Com- illegal drugs on their streets, and our serving as conferees on the bill, consistent mission shall terminate 60 days after the partners in the Americas, who have with the Speaker’s practice in this regard. submission to Congress of its report under worked with us in fighting the drug section 5(c). trade for years, deserve no less. I will ensure that our exchange of letters is included in the Congressional Record, and I The SPEAKER pro tempore. Pursu- Madam Speaker, I have long thought look forward to working with you on this ant to the rule, the gentleman from that, as we try to combat the growing important legislation. New York (Mr. ENGEL) and the gentle- of crops that produce drugs, we also Sincerely, woman from Florida (Ms. ROS- need to combat the consumption side HOWARD L. BERMAN, LEHTINEN) each will control 20 minutes. here at home, and this report will help Chairman.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.004 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13562 CONGRESSIONAL RECORD — HOUSE December 8, 2009 HOUSE OF REPRESENTATIVES, ing from multilateral cooperation and The United States must continue to COMMITTEE ON ENERGY AND COMMERCE, foreign assistance restrictions, to crop work with our democratic allies to Washington, DC, October 28, 2009. eradication, alternative development, stamp out these threats. I am hopeful Hon. HOWARD BERMAN, interdiction, and institutional capacity that this commission will help us to do Chairman, House Committee on Foreign Affairs, Washington, DC. building. Here within our own hemi- just that. DEAR CHAIRMAN BERMAN: I am writing to sphere the U.S. remains a major sup- Madam Speaker, I yield back the bal- confirm our understanding regarding H.R. porter and participant of the Inter- ance of my time. 2134, the ‘‘Western Hemisphere Drug Policy American Drug Abuse Control Commis- Mr. ENGEL. Madam Speaker, let me Commission Act of 2009.’’ As you know, this sion. just say that I have listened to every- bill was referred to the Committee on En- Regionally and bilaterally the U.S. thing that my good friend and col- ergy and Commerce, which has jurisdictional has also worked closely with respon- league from Florida, Congresswoman interest in provisions of the bill. sible partners on counternarcotics ef- ROS-LEHTINEN, said and I concur with In light of the interest in moving this bill every word that she said. forward promptly, I do not intend to exercise forts through important programs such as the Merida Initiative, the Andean This is a very important bill. It’s a the jurisdiction of the Committee on Energy very important subject, and I urge my and Commerce by conducting further pro- Counterdrug Initiative, Plan Colombia, ceedings on H.R. 2134. I do this, however, and the upcoming Caribbean Basin Se- colleagues to support the bill. only with the understanding that foregoing curity Initiative. Through these pro- Mrs. BONO MACK. Madam Speaker, I rise further consideration of H.R. 2134 at this grams and others, at least eight U.S. in support of H.R. 2134, the Western Hemi- time will not be construed as prejudicing agencies are involved in implementing sphere Drug Policy Commission Act of 2009. Tackling substance abuse among all age this Committee’s jurisdictional interests and U.S. international counternarcotics ac- prerogatives on the subject matter contained groups will take a domestic and international in this or similar legislation. In addition, we tivities. The Western Hemisphere Drug Policy effort that continually evolves to meet the chal- reserve the right to seek appointment of an lenge. The U.S. Government’s approach to re- Commission, created by this bill, H.R. appropriate number of conferees to any ducing the supply of and demand for drugs in House-Senate conference involving this leg- 2134, will be responsible for assessing the Western Hemisphere is a crucial place to islation. the promotion of economic develop- start. This is the primary reason I strongly sup- I would appreciate your including this let- ment alternatives to illicit drugs, how port this legislation. The challenge is one that ter in the Congressional Record during con- to better employ technology to target not only affects so many families across our sideration of the bill on the House floor. major drug cartels, U.S. drug preven- Thank you for your cooperation on this mat- country, but also everything from our law en- tion and treatment programs, and the ter. forcement efforts to scientific research, and value of working with other govern- Sincerely, diplomatic priorities. ments and NGOs to promote the reduc- HENRY A. WAXMAN, The need to act on all fronts—prevention, Chairman. tion of supply and demand for illicit treatment, research, and law enforcement—is drugs. crucial. There’s no silver bullet. HOUSE OF REPRESENTATIVES, After this 1-year review, the commis- COMMITTEE ON FOREIGN AFFAIRS, In particular, I have serious concerns with sion will complete its mandate by pro- the trends we are seeing among our youth to- Washington, DC, November 2, 2009. viding a report to Congress that pro- Hon. HENRY A. WAXMAN, ward prescription drug abuse. Drugs like vides an assessment of overall U.S. Chairman, Committee on Energy & Commerce, OxyContin are being abused across our coun- Washington, DC. international illicit drug control poli- try, with 2,500 kids a day using a prescription DEAR MR. CHAIRMAN: Thank you for your cies in our Western Hemisphere and drug to get high for the first time. Just be- letter regarding H.R. 2134, the ‘‘Western recommendations on how to best im- cause it’s sitting in the medicine cabinet Hemisphere Drug Policy Commission Act of prove these policies. It is critical that doesn’t mean it is safe, and these drugs are 2009.’’ the appropriate measures be taken to I appreciate your willingness to work coop- often used as a gateway to street drugs. ensure that U.S. drug policy, both here The Commission created in the legislation is eratively on this legislation. I recognize that at home and abroad, is responsible and the bill contains provisions that fall within necessary, as it will allow us to better find the the jurisdiction of the Committee on Energy is effective. solutions to reducing the numbers of those and Commerce. I acknowledge that your Already we have seen tremendous re- using these dangerous substances, which are Committee will not formally consider the sults from some of our efforts. For ex- staggering within our own borders. According bill and agree that the inaction of your Com- ample, in the last 2 years, the price of to the National Survey on Drug Use and mittee with respect to the bill does not cocaine in the United States has in- Health, in 2008, over 20 million Americans waive any future jurisdictional claim over creased nearly 80 percent while its pu- the matters contained in the bill which fall aged 12 or older were current illicit drug users. rity has decreased nearly 30 percent. I hope to continue to work with the Foreign within the Committee’s Rule X jurisdiction. Drugs not only poison our children and Further, as to any House-Senate con- Affairs Committee as well as the Energy and ference on the bill, I understand that your our communities, but drugs fund and Commerce Committee to create a foundation Committee reserves the right to seek the ap- sustain many of the violent criminal for a domestic and international drug policy pointment of conferees for consideration of groups and extremist organizations that balances maintaining our vital law en- portions of the bill that are within the Com- lurking in our hemisphere. forcement efforts with an augmented demand- mittee’s jurisdiction, and I agree to support Within the last year or so, two major side effort toward reducing substance abuse a request by the Committee with respect to drug rings with ties to Hezbollah have serving as conferees on the bill, consistent and addiction. been caught operating in our Western Finally, I appreciated the time I was able to with the Speaker’s practice in this regard. Hemisphere. The comfort with which I will ensure that our exchange of letters is take with the Chairman and Ranking Member included in the Congressional Record, and I these criminals traipse around the re- along with other dignitaries to raise this issue look forward to working with you on this gion is alarming. at the Summit of the Americas. We’ll only important legislation. However, with leaders like Hugo Cha- make progress if we are serious about an Sincerely, vez and Daniel Ortega bending over international coordinated effort. HOWARD L. BERMAN, backwards to let rogue states like Iran Mr. ENGEL’s legislation is a positive step to- Chairman. expand its presence in the region, it ward addressing this issue, and I look forward Madam Speaker, I reserve the bal- really is no surprise that extremist to the bipartisan support of our colleagues ance of my time. groups like Hezbollah would also make today on H.R. 2134. Ms. ROS-LEHTINEN. Madam Speak- their homes here. Mr. ENGEL, Madam Speaker, I yield er, I yield myself such time as I may We cannot allow the Western Hemi- back the balance of my time. consume. sphere to become a staging ground for The SPEAKER pro tempore. The Madam Speaker, the United States extremists. From money laundering to question is on the motion offered by has been involved in multilateral inter- drug smuggling to arms trafficking, ex- the gentleman from New York (Mr. national drug control efforts for nearly tremist groups like the FARC and ENGEL) that the House suspend the a century. Hezbollah, the regimes who support rules and pass the bill, H.R. 2134, as Over the years, our agencies have them, and their enablers are putting amended. used a wide array of tools to counter the people of the Americas in direct The question was taken; and (two- the drug trade in our hemisphere, rang- danger. thirds being in the affirmative) the

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.014 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13563 rules were suspended and the bill, as Whereas unfair treatment of foreign com- renew the national radio licenses for amended, was passed. panies will deter investment and hinder eco- two foreign companies, one of which is A motion to reconsider was laid on nomic growth in Hungary; and American-owned, and to award them the table. Whereas respect for the rule of law and a instead to two local bidders. free and independent press will spur investor In 1997, the ORTT awarded to the for- f confidence in Hungary: Now, therefore, be it eign companies the only two licenses ENCOURAGING HUNGARY TO Resolved, That the House of Representa- to provide commercial, rather than RESPECT THE RULE OF LAW tives— (1) condemns the recent action by the Hun- state-owned, nationwide broadcast Mr. ENGEL. Madam Speaker, I move garian National Radio and Television Board services. Those licenses expired on No- to suspend the rules and agree to the that awarded the national community radio vember 19 of this year. resolution (H. Res. 915) encouraging the licenses; According to widespread media re- Republic of Hungary to respect the rule (2) encourages the Republic of Hungary to porting, the two foreign companies of law, treat foreign investors fairly, respect the rule of law and treat foreign in- have alleged that before their renewal and promote a free and independent vestors fairly; and bids were due, they were approached by (3) encourages the Republic of Hungary to press. representatives of Hungary’s two lead- The Clerk read the title of the resolu- maintain its commitment to a free and inde- pendent press. ing political parties, offering to ensure tion. their licenses would be extended if they The text of the resolution is as fol- Mr. KUCINICH. Madam Speaker, I seek to claim time in opposition. agreed to the representatives’ demands lows: for a percentage of the company’s eq- H. RES. 915 The SPEAKER pro tempore. Is the gentlewoman from Florida opposed to uity and a say in editorial content. Whereas, on October 23, 1956, some 100,000 The two foreign companies refused, Hungarian citizens began a nation-wide re- the resolution? Ms. ROS-LEHTINEN. Madam Speak- and the ORTT awarded the licenses to volt against the Communist government of the two local bidders instead, who had Hungary and its domination by the Soviet er, I do not oppose this resolution. Union; The SPEAKER pro tempore. Pursu- submitted tenders that many outside Whereas the Hungarian people fought ant to the rule, the gentleman from experts have said are not commercially viable. bravely for freedom, democracy, and human New York (Mr. ENGEL) and the gen- The day following the award, the rights; tleman from Ohio (Mr. KUCINICH) each chairman of the ORTT resigned in pro- Whereas, on March 12, 1999, the Govern- will control 20 minutes. ment of Hungary, reflecting the will of the test, claiming that the two local bid- The Chair recognizes the gentleman Hungarian people, formally became a mem- ders’ contracts were flawed and eco- from New York. ber of NATO and on May 1, 2005, Hungary be- nomically unsound. Numerous com- came a full member of the European Union; GENERAL LEAVE mentators have indicated that on the Whereas the United States has invested Mr. ENGEL. Madam Speaker, I ask over $9,000,000,000 in Hungary since 1989 and face of it, the ORTT’s decision clearly unanimous consent that all Members appears to have been politically moti- the United States is the fourth-largest con- may have 5 legislative days to revise tributor and largest non-European contrib- vated and have ignored the economic utor to foreign investment in Hungary ac- and extend their remarks and include feasibility of the two local bidders’ cording to the U.S. Department of Com- extraneous material on the bill under tenders. merce; consideration. Madam Speaker, American compa- Whereas the Hungarian Investment and The SPEAKER pro tempore. Is there nies have invested over $9 billion in Trade Development Agency reports that for- objection to the request of the gen- Hungary since 1989. Hungary’s econ- eign direct investment has been crucial in tleman from New York? omy, as with every other country, has boosting Hungary’s economic performance There was no objection. and remains the driving force behind Hun- been severely affected by the global Mr. ENGEL. Madam Speaker, I rise economic downturn. We support U.S. gary’s economic success; in strong support of this resolution, Whereas in 1997, the Hungarian National companies’ investment in Hungary, but Radio and Television Board (ORTT) awarded and I yield myself as much time as I we note that events such as this case licenses for two national radio stations, may consume. give rise to questions about the fair- which are set to expire on November 19, 2009; Madam Speaker, I thank my good ness and transparency of doing busi- Whereas the two licenses are the only ones friend from Indiana (Mr. DONNELLY) for ness in Hungary. that allow for nationwide coverage by com- introducing this important resolution. We welcome the Prime Minister’s mercial, rather than state, radio-broadcast Let me just say in 1989 Hungary services in Hungary; commitment to investigate any com- joined its Central and Eastern Euro- plaint relating to foreign investments, Whereas one of these licenses was awarded pean neighbors in throwing off the to a United States company and the other to and the decision by the Hungarian Par- a European company, each for a total of 12 mantle of communist rule. By taking liament’s Constitutional and Justice years; the brave and unprecedented decision Committee to set up a body to examine Whereas the Financial Times reported on in that year to open its borders to Aus- the radio license transaction. November 6, 2009, that before the bids for re- tria and to allow East Germans to Hungary is a close friend and ally of newal of their national licenses were due, travel freely to the West, Hungary the United States, and we urge the gov- these companies were approached by individ- played a decisive role in bringing about ernment to take all necessary steps to uals claiming to represent the Socialist and the end of the Cold War. In the 20 years Fidesz Parties in Hungary offering to extend ensure that foreign investors are treat- their licenses if the parties received 50 per- since, Hungary has become a member ed fairly. I urge all of my colleagues to cent of the companies’ equity; of NATO, the European Union and a support this important resolution. Whereas the Financial Times also reported strong partner of the United States. Madam Speaker, I ask unanimous on November 6, 2009, that both stations re- Hungary is working side-by-side with consent to split the time evenly in fused this alleged extortion attempt and the the U.S. in Afghanistan, where it leads favor of the resolution with my col- ORTT delegates from Fidesz and the ruling the provincial reconstruction team in league, Ms. ROS-LEHTINEN of Florida. Socialist party voted to award the licenses Baghlan Province, and it has been a PARLIAMENTARY INQUIRY to two politically-connected local bidders in- partner in conflicts in Iraq and in the stead; Mr. KUCINICH. Madam Speaker, par- Whereas the Wall Street Journal reported Balkans. We greatly appreciate Hun- liamentary inquiry. on November 10, 2009, that Hungary’s Prime gary’s staunch support in these and The SPEAKER pro tempore. The gen- Minister and the Chair of the ORTT have many areas. tleman will state his inquiry. publicly decried the process by which these However, we have become concerned Mr. KUCINICH. The gentleman asks licenses were awarded; about recent reports of possible unfair for unanimous consent to split the Whereas the Economist reported on No- treatment of foreign investors in Hun- time between himself and Ms. ROS- vember 7, 2009, that the Chair of the ORTT gary and possible efforts to inject po- LEHTINEN. I have already claimed time resigned in protest and refused to sign the litically motivated demands into the politically-motivated contracts; in opposition. What does the Chair rule Whereas United States investors are an im- commercial process. In particular, we on that? portant part of the Hungarian economy and are concerned by the actions of the The SPEAKER pro tempore. The gen- deserve equitable treatment in accordance Hungarian National Radio and Tele- tleman from Ohio will control 20 min- with United States and Hungarian laws; vision Board, ORTT, in deciding not to utes in opposition.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.024 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13564 CONGRESSIONAL RECORD — HOUSE December 8, 2009 Is there objection to the request of spectrum in Hungary have raised con- companies also may raise concerns the gentleman from New York that the cerns regarding the manner in which about Hungary’s full commitment to a gentlewoman from Florida control 10 the licenses were issued, and a U.S.- free and independent press. Political minutes of the time in support? based telecommunication company cronyism, corruption, and restriction Without objection, the gentlewoman filed legal proceedings in Hungarian on the media are relics of the old com- from Florida will control 10 minutes. court. munist system and the old parties. The There was no objection. Now, the legislation accurately Hungarian people do not wish to resur- The SPEAKER pro tempore. The states the importance of foreign invest- rect these harmful policies. Not just Chair recognizes the gentleman from ment and a need for equitable treat- foreign investors in Hungary but the Ohio. ment in accordance with the United Hungarian people deserve much better. b 1115 States and Hungarian laws. However, They have worked too hard. They have broad condemnation of the Republic of gone through too much to make their Mr. KUCINICH. Madam Speaker and Hungary, charging the country, or im- beautiful country, Hungary, a free and my colleagues, as Chair of the Hun- plying, that there’s widespread corrup- democratic nation. garian American Caucus, I want to tion without allowing legal processes The sponsors of this measure, Mr. bring to the attention of this Congress to take place is more than problematic. the concerns that have been raised DONNELLY, Mr. PENCE and Mr. BURTON, This dispute should be resolved in Hun- have introduced this resolution which about H. Res. 915, legislation which garian courts, which can render judg- ‘‘encourages the Republic of Hungary condemns the recent action by the ment and provide sufficient remedy to Hungarian National Radio and Tele- to respect the rule of law, treat foreign the injured party including, if they investors fairly, and promote a free and vision Board. It encourages the Repub- care to, revoke existing licenses, forc- lic of Hungary to continue to promote independent press.’’ ing a new round of competitive bidding, This legislation issues broad con- and respect the rule of law and treat or awarding compensation. I mean, foreign investors fairly. And, lastly, it demnation of the Republic of Hungary these are all things that the Republic without regard to current legal pro- encourages the Republic of Hungary to of Hungary has the opportunity to do. maintain its strong and vibrant com- ceedings that should receive more dis- But I just want to go back to the leg- cussion. I urge my colleagues to con- mitment to a free and independent islation itself, which raises questions press. sider the consequence of this legisla- about the integrity of the government tion before casting a vote. itself. And, frankly, I don’t think Madam Speaker, I reserve the bal- It’s already been stated that the that’s appropriate given the scope of ance of my time. Hungarian Prime Minister has given the legislation and the grievances that Mr. ENGEL. Madam Speaker, I yield statements questioning the award of Members have about the contract- 5 minutes to the gentleman from Indi- the contract, that there is a parliamen- awarding procedure. ana (Mr. DONNELLY). tary committee looking into it, that Madam Speaker, I reserve the bal- Mr. DONNELLY of Indiana. Madam courts are reviewing it, and that, in ance of my time. Speaker, I rise in support of House Res- fact, there’s a prosecutorial investiga- Ms. ROS-LEHTINEN. Madam Speak- olution 915, a resolution that encour- tion in the offing. er, I yield myself such time as I may ages Hungary to respect the rule of I have contacted the Hungarian Gov- consume. law, treat foreign investors fairly, and ernment, and in response to this con- The bill before us, House Resolution to promote a free and independent gressional inquiry, the Hungarian Gov- 915, encourages the Republic of Hun- press. ernment pointed out that the licenses gary to respect the rule of law, treat I appreciate the words of my good awarded to two national radio stations foreign investors fairly, and promote a friend from Ohio, but I would just like by the Hungarian National Radio and free and independent press. to say that this resolution expresses Television Board are under judicial re- Since breaking the chains of com- our concern and condemns the Hun- view before the court: ‘‘A criminal pro- munist dictatorship and Soviet domi- garian Radio and Television Board’s cedure related to the issue was nation, Hungary has made significant process in granting these licenses. It launched with the prosecutor’s office.’’ progress in implementing democracy does not question the Government of Now, if this doesn’t indicate a re- and economic reforms. I congratulate Hungary’s efforts and it does not ques- sponsiveness by the government to the the Hungarian people and its govern- tion our full confidence in their ability award of the contract, I don’t know ment for these significant steps. It has to resolve this matter. We welcome the what does. The question then comes, also become a full member of the government’s steps in moving this for- Why is this even on the floor of the Trans-Atlantic community, having ward. House as a suspension? joined both the NATO alliance and the I stand by the right of every Member European Union. For decades the Hungarian people of this body to protect the interest of In light of how far Hungary has come fought against communist rule for the any business in any district. That’s in just two decades since the fall of the chance at freedom and democracy. what we’re here for. But I think that to Iron Curtain in integrating itself in They have been our ally, they joined put this resolution before the House for Western institutions and embracing NATO in 1999, and the country of Hun- passage before any committee meet- basic freedoms, some recent develop- gary is a good and dear friend of the ings have been held to review the ac- ments in that country regarding the United States of America. We must en- tual extent of the Hungarian Govern- freedom of the press and the rule of law sure that this friendship continues to ment’s involvement or lack thereof is have raised some concern. maintain in a healthy and engaged way really not consistent with our duties Specifically, political appointees to a and that it continues to foster eco- and due diligence on every piece of leg- government body that administers nomic growth for our countries. islation. Hungary’s airwaves have reportedly In 1997 the Hungarian National Radio Now, the Hungarian National Radio taken away two radio licenses from and Television Board, ORTT, awarded and Television Board awarded 12-year foreign-owned stations, one of them an licenses for two national radio sta- licenses to two national radio stations American company, and have given the tions. One of these licenses was award- in 1997, to two companies, one based in licenses to local firms that have links ed to an American company, the other the United States and another in Eu- to Hungary’s major political parties. to a European company, each for a rope. The licenses expired last month The chairman of that government body total of 12 years. These terms ended on and are the only licenses that allow for administering the airwaves has re- November 19 of this year. The Finan- nationwide coverage by commercial signed as a result, stating that the de- cial Times reported on November 6 rather than state-run radio broadcast cision to take the licenses away from that shortly before these bids of re- services in Hungary. Following a na- the foreign firms violated the law. newal for the national licenses were tional bidding process, the licenses Madam Speaker, the manner in due that the companies were ap- were awarded to two Hungarian compa- which this Hungarian Government proached by individuals claiming to nies. Members across the political body reportedly treated these foreign represent various parties in Hungary.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.059 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13565 They offered to extend these compa- asserting that. Hungary is a proud and it celebrates the great partnership and nies’ licenses if they received 50 per- free society, and we should be very alliance that we have with Hungary cent of the equity. Both companies re- careful about moving forward with res- and all the brave things that the Hun- fused this attempt, and the ORTT olutions that in any way imply other- garian people did during the past 50 voted to award these licenses to two wise, not to say simultaneously, well, years. I just wanted to point that out. connected local bidders instead. Hungary is a law-abiding nation, and I reserve the balance of my time. We want to ensure the fullness and then say, well, they ought to respect Mr. KUCINICH. May I inquire as to fairness that will be provided by the the law. how much time I have remaining? Government of Hungary’s review, and So again, I wish that the sponsors of The SPEAKER pro tempore. The gen- we want to make sure that this resolu- this legislation, who I deeply respect tleman from Ohio controls 111⁄2 min- tion expresses our concern and con- and who I know are working very hard utes. demns the actions of the ORTT. for their constituents and the business Mr. KUCINICH. I question why this U.S. investors are an important part community as well as for all the people resolution was brought before this of the Hungarian economy and deserve in their districts. I would say take an- House under suspension. I question why equitable treatment. We have invested other look at this and maybe send it to an effort by the proponents of the leg- over $9 billion in Hungary since 1989. committee so that we could have the islation wasn’t made to contact the The friendship is strong, the friendship opportunity to have a deeper discus- Hungarian Government and to learn is unbreakable, and we are the fourth sion about the advisability of the legis- that their position is in fact that there largest contributor to direct foreign in- lation, and maybe to tailor it even is a judicial review and that there is a vestment in Hungary. more firmly. I mean, I could agree with criminal procedure related to the issue This resolution, as indicated, ex- questioning the action by the Hun- that was launched with the prosecu- presses our concerns and condemns the garian National Radio and Television tor’s office because that would clearly ORTT’s actions, and we ask the Gov- Board—the Hungarian Government is indicate action being taken on the part ernment of Hungary to treat foreign questioning that action, but to chal- of the government to look at this par- investors fairly and fully respect the lenge the entire government’s integrity ticular contract. rule of law, as we know they will. I when the government has already Why is this matter on the floor of the urge my colleagues to support this res- taken action to raise questions itself House of Representatives? Why are we olution, to pass House Resolution 915. about the award of a contract, really taking this time to look at something Ms. ROS-LEHTINEN. Madam Speak- we have to ask what we’re doing here. that is already under review by the er, I continue to reserve the balance of Madam Speaker, I reserve the bal- Hungarian Government and doing it in my time. ance of my time. the context of urging the Hungarian Mr. ENGEL. Madam Speaker, I re- Ms. ROS-LEHTINEN. Madam Speak- Government to have respect for law? serve the balance of my time. er, I yield back the balance of my time That’s what they’re doing, they are Mr. KUCINICH. Madam Speaker, this and I thank the gentleman from New showing respect for law by taking this resolution encourages the Republic of York. forward. Why do they need to be en- Hungary to respect the rule of law. Mr. ENGEL. Madam Speaker, I yield couraged? Everyone here understands Now, if you’re encouraging someone to myself such time as I may consume. what that means; we’re implying that respect the law, the underlying as- I just want to answer the gentleman they don’t respect the law unless their sumption is that they don’t. from Ohio, for whom I have profound judicial response is a certain way. That I think that to look at the action of respect. And I want to do it by just is not an appropriate way to proceed a single agency and to put a broad reading what this resolution says be- here. And again, it is very difficult brush on an entire national govern- cause I don’t think it implies what he when you have a colleague who you ment is really grossly unfair. To imply thinks it implies. want to agree with on everything that Hungary does not respect the law First of all, at the start of the resolu- present a resolution with which you is actually an insult to the people of tion we talk about the brave people of don’t agree. Hungary, who put their lives on the Hungary and how they rose up against I reserve the balance of my time. line in 1956 fighting to break free of domination, Communist domination, Mr. ENGEL. Madam Speaker, I yield domination by the Soviet Union, who Soviet domination in 1956, and whereas 1 minute to the author of this resolu- put their lives on the line to be able to the Hungarian people fought bravely tion, the gentleman from Indiana (Mr. establish a democracy and self-deter- for freedom, democracy and human DONNELLY). mination. rights. And we talk about celebrating Mr. DONNELLY of Indiana. And I, the fact that they have become a mem- too, have the greatest respect and b 1130 ber of NATO and a member of the Eu- friendship for my colleague from Ohio, Is this what they deserve? Do the ropean Union. And at the end the bill but I did want to comment that we, in people of Hungary really deserve to be simply says, and let me read it, ‘‘Re- fact, did meet with the Hungarian Am- treated this way? This should have solved, that the House of Representa- bassador and did meet with him in my been handled diplomatically. This tives (1) condemns the recent action by office here at the Capitol. And there is should have been handled at a com- the Hungarian National Radio and Tel- no implication in any way that Hun- mittee level before bringing it to the evision Board that awarded the na- gary does not respect the rule of law; floor of the House of Representatives. tional community radio licenses; (2) in fact, we are very, very proud of the And with respect to foreign investors, encourages the Republic of Hungary to partnership and friendship that has since the Government of Hungary has respect the rule of law and treat for- been built with Hungary. What we are itself launched an investigation into eign investors fairly; and (3) encour- trying to do is express our concern the award of this contract, doesn’t that ages the Republic of Hungary to main- about the conduct of the Hungarian show that they want foreign investors tain its commitment to a free and inde- Radio and Television Board, a concern to be treated fairly? Doesn’t it show pendent press.’’ I don’t think that im- we also expressed to the Hungarian that they respect the rule of law by plies anything; I think that it encour- Ambassador. And we are hopeful that going forward to raise the potential of ages them. this will be resolved in the near future. prosecution of people involved in the And obviously this resolution is bi- Mr. ENGEL. Madam Speaker, I re- award of this contract? Don’t we al- partisan. It was a company from Indi- serve the balance of my time. ready have what it is that this legisla- ana that was wronged, and that is why Mr. KUCINICH. As my colleague has tion supposedly aspires to, evidence of you have Mr. DONNELLY, Mr. BURTON stated, this resolution is intended to respect for the law and fair treatment and Mr. PENCE from different parties, address the actions of the Hungarian of foreign investors? but all from Indiana, very concerned National Radio and Television Board; There is no evidence that the Repub- about this as well. So I don’t think this they are the ones who awarded the con- lic of Hungary has suddenly taken a casts any aspersions on Hungary, its tract. But yet, in the same breath, tilt towards Soviet-type control of the people, or its government; quite the op- we’re asking the Hungarian Govern- press; I hope that no one is seriously posite, I think clearly in the resolution ment to respect the rule of law. Is

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.027 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13566 CONGRESSIONAL RECORD — HOUSE December 8, 2009 there any other example, other than sion that appropriately should be dis- stances of non-transparent behavior affecting the action of a single board, that any cussed in committee before they come investors could discourage foreign investment proponent of this legislation can point to the floor of the House. I think this and hamper economic growth in Hungary. to which indicates that the Republic of is a good example of such a bill. And I This concern is underscored by a report com- Hungary does not respect the rule of would ask our leadership to please pay missioned by the Public Procurement Council law? Or are we simply talking about more careful attention to these issues in Hungary, which recently found that between one agency? Because if we’re talking because this House has very valuable 70 and 90 percent of all public procurements about one agency, then the resolution time, and while we have the freedom of in Hungary are tainted by corruption. should have been written in a different speech on this floor, the speech gets The broadcast licenses previously held by way. Because the impact of this resolu- very expensive when there are so many Slager Radio (owned by an Indianapolis-based tion is not going to be just to talk other issues waiting for discussion on company) and Danubius Radio (owned by a about the decision of one agency, it is the floor. Vienna-based private equity firm) were re- going to imply, very broadly, that the I appreciate the opportunity here. I cently awarded by the Hungarian National Government of Hungary does not re- want to thank my colleague, ILEANA Radio and Television Board (ORTT) to other spect the rule of law. That passage ROS-LEHTINEN, for what she has ex- bidders despite unrealistic business plans and should have been struck from this leg- pressed and for the concerns that Mr. irregularities in those bids that I am told islation. DONNELLY and Mr. ENGEL have ex- should have disqualified them under Hun- I ask my colleague, Mr. ENGEL, if you pressed. garian media law. Not only that, but prior to look at the second part of the enact- I yield back the balance of my time. the ORTT’s highly controversial decision, ment clause, if he would consider strik- Mr. ENGEL. Madam Speaker, I would Slager and Danubius were reportedly ap- ing that. just urge my colleagues to support this proached by agents of the Fidesz and Social- I yield to the gentleman from New bipartisan bill. This really is not a con- ist parties seeking to acquire partial control of York. troversial bill. This is really, with all the stations to ensure their licenses would be Mr. ENGEL. Well, let me say to my due respect, a tempest in a teapot. I renewed. Although the ORTT chairman re- friend that it is not my resolution; it is think that simply, again, I will read signed in protest and refused to sign the con- Mr. DONNELLY’s resolution. I don’t the first sentence—— tracts, the delegates appointed to the ORTT think it is appropriate for me to strike Mr. KUCINICH. Will the gentleman by the Fidesz and Socialist parties all voted in anything. yield? favor of the two new stations. A poll of Hun- PARLIAMENTARY INQUIRY Mr. ENGEL. Let me just finish and I garians suggested that six of out ten agreed Mr. KUCINICH. Parliamentary in- will be happy to yield. I would read the that the decision to end the broadcast rights of quiry. first sentence in this resolution, which Slager Radio and Danubius was ‘‘outrageous.’’ The SPEAKER pro tempore. The gen- says, ‘‘Encouraging the Republic of Slager and Danubius have appealed the tleman will state his parliamentary in- Hungary to respect the rule of law, ORTT decision, but litigation could drag on for quiry. treat foreign investors fairly, and pro- years, while their popular broadcasts were Mr. KUCINICH. Is a motion to strike mote a free and independent press.’’ I forced off the air on November 18 of this year, in order by the manager of the bill, or don’t think anyone can disagree with the same day we introduced this resolution. In would the sponsor of the bill have to that, not even my friend from Ohio. addition, the Hungarian parliament voted to in- ask for such a motion? And I will now yield to him. vestigate the matter and a prosecutor is look- The SPEAKER pro tempore. A mo- Mr. KUCINICH. With all due respect ing into whether criminal charges are war- tion to suspend the rules is not amend- to my good friend, Mr. ENGEL, you have ranted. I am encouraged by these steps and able. compared this to a tempest in a teapot. it is certainly my hope that the matter will be Mr. KUCINICH. So since this legisla- It’s your teapot and it’s your tempest. expeditiously resolved. U.S. and other foreign investors deserve eq- tion is being offered under suspension, Mr. ENGEL. Well, let me say to my uitable treatment in accordance with Hun- then no motion to strike would be in friend, it’s not my tempest and it’s not garian law. It bears mentioning that the United order; is that right? my teapot. I wish the gentleman had States is the fourth-largest contributor to for- The SPEAKER pro tempore. The gen- come to us earlier before we were hav- eign investment in Hungary and the largest tleman is correct. A motion to suspend ing the vote scheduled. We did not non-European source of investment. The the rules is not amendable. know of his objections prior to this de- United States has invested over nine billion Mr. KUCINICH. Okay. I withdraw my bate. And perhaps if he had come to us dollars in Hungary since 1989. a little bit earlier we might have been request for a colloquy with my friend Unfair treatment of foreign companies will willing to accommodate him, but not from New York. deter investment and hinder economic growth, I just think if it was so important to knowing about it and being blindsided while upholding the rule of law and promoting bring this to the floor, it should have by his objection, I think it’s kind of a a free and independent press—as we urge in been tailored quite narrowly to talk little bit difficult to change it. this resolution—would instead spur investor about the Hungarian National Radio Mr. KUCINICH. Will the gentleman confidence. and Television Board and not to take a yield? In conclusion, we bring this resolution to the broad brush with which we paint the Mr. ENGEL. No, I have yielded floor of the U.S. House of Representatives Government of Hungary. enough. today in solidarity with all Hungarians demand- I reserve the balance of my time. Mr. PENCE. Madam Speaker, I rise in sup- ing a through and expeditious investigation The SPEAKER pro tempore. The gen- port of H. Res. 915, a resolution of the House into the highly questionable circumstances 1 tleman from New York has 1 ⁄2 minutes of Representatives encouraging the Republic surrounding the awarding of these radio li- remaining. The gentleman from Ohio of Hungary to respect the rule of law, treat for- censes and fair competitions in public procure- controls 7 minutes. eign investors fairly, and promote a free and ments that will demonstrate Hungary’s com- The gentleman from New York has independent press. mitment to respect the rule of law, treat for- the right to close. I would like to thank my Indiana colleagues, eign investors fairly and promote a free and Mr. KUCINICH. I think that in the especially Congressmen JOE DONNELLY and independent press. time that I had allotted, I had an op- BARON HILL, for their yeoman’s work on this Mr. ENGEL. I yield back the balance portunity to present my point here. issue. Chairman HOWARD BERMAN and Rank- of my time. And I just hope that when my col- ing Member ILEANA ROS-LEHTINEN also were The SPEAKER pro tempore. The leagues vote on this later on in the day instrumental in bringing this important resolu- question is on the motion offered by that they will consider the diplomatic tion to the floor. the gentleman from New York (Mr. implications of voting for this resolu- What could and should have been a fair ENGEL) that the House suspend the tion. competition to rebid Hungary’s only two na- rules and agree to the resolution, H. And I will say again, and this is real- tional, commercial FM radio broadcast li- Res. 915. ly a concern that I have that I want to censes is now mired in allegations of political The question was taken. express to the leaders of the House of corruption. As nine embassies in Hungary in- The SPEAKER pro tempore. In the Representatives, we have a lot of bills cluding the United States warned in a joint let- opinion of the Chair, two-thirds being that come to this floor under suspen- ter last month, we are concerned that such in- in the affirmative, the ayes have it.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.029 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13567 Mr. KUCINICH. Madam Speaker, on woman from Florida (Ms. ROS- Ida’s damages were not limited to El that I demand the yeas and nays. LEHTINEN) each will control 20 minutes. Salvador. Guatemala and Nicaragua The yeas and nays were ordered. The Chair recognizes the gentleman were impacted as well. The SPEAKER pro tempore. Pursu- from New York. So I want to thank my friend, Con- ant to clause 8 of rule XX and the GENERAL LEAVE gressman MACK, and I reserve the bal- Chair’s prior announcement, further Mr. ENGEL. Madam Speaker, I ask ance of my time. proceedings on this motion will be unanimous consent that all Members Ms. ROS-LEHTINEN. Madam Speak- postponed. may have 5 legislative days to revise er, I’d like to yield myself such time as f and extend their remarks and include I may consume. extraneous material on the bill under Madam Speaker, I rise today to join b 1145 consideration. my colleagues in support for the people EXPRESSING SOLIDARITY WITH EL The SPEAKER pro tempore. Is there of El Salvador and, specifically, the SALVADOR objection to the request of the gen- bill before us, H. Con. Res. 213, a reso- Mr. ENGEL. Madam Speaker, I move tleman from New York? lution introduced by my colleague to suspend the rules and agree to the There was no objection. from Florida, my good friend, Mr. concurrent resolution (H. Con. Res. 213) Mr. ENGEL. Madam Speaker, I rise CONNIE MACK, the ranking member of expressing the sense of Congress for in strong support of H. Con. Res. 213, a our important Subcommittee on the and solidarity with the people of El resolution expressing our support for Western Hemisphere. Salvador as they persevere through the the people of El Salvador as they per- Last month, as we have heard, the aftermath of torrential rains which severe through the aftermath of floods torrential rains of Hurricane Ida took a caused devastating flooding and deadly brought on by Hurricane Ida. I am the devastating toll on the people of El mudslides, as amended. chairman of the Western Hemisphere Salvador. Nearly 200 people lost their The Clerk read the title of the con- Subcommittee of the House Foreign lives, and more than 14,000 were left current resolution. Affairs Committee, and I feel espe- homeless. Up to 10,000 Salvadorans The text of the concurrent resolution cially strongly about a resolution like were left in reported need of emergency is as follows: this. I want to thank the ranking mem- food supplies. The devastation did not H. CON. RES. 213 ber of my subcommittee, CONNIE MACK, stop at the borders of El Salvador, however. Hurricane Ida also left about Whereas, on November 9, 2009, parts of El the gentleman from Florida, for intro- Salvador were decimated by floods brought ducing this important resolution. 13,000 people homeless in Nicaragua on by Hurricane Ida; On November 9, a large portion of El and damaged about 100 homes in Gua- Whereas Hurricane Ida caused the death of Salvador was devastated by floods temala. over 190 people in El Salvador, and made brought on by Hurricane Ida; 196 people This important resolution expresses over 14,000 homeless, with both of those num- were killed, 78 people are missing, and our solidarity with all of the people im- bers likely to rise; nearly 14,000 individuals are displaced pacted by this horrendous storm, and it Whereas over 1,800 homes have been de- from their homes. Our thoughts are commends the brave efforts of all who stroyed by the mudslides; with the people and Government of El helped to contribute in the relief ef- Whereas the small coffee growing town of Verapaz, population 7,000, has almost been Salvador as they cope with these dif- forts in its aftermath. Specifically, I completely destroyed; ficult losses. would like to recognize and commend Whereas reports have stated that up to The United States, through USAID the significant and immediate efforts 10,000 Salvadorians may need emergency food and the U.S. Southern Command, has undertaken by our most generous assistance; provided significant emergency relief country, the United States of America, Whereas Hurricane Ida also left about and assistance to the people of El Sal- in the wake of this horrific storm. 13,000 people homeless in Nicaragua and dam- vador in the wake of Hurricane Ida. Through the U.S. Agency for Inter- aged about 100 homes in Guatemala; The President of El Salvador, Mauricio national Development’s Office of U.S. Whereas neighboring nations of El Sal- vador have provided relief to the people of El Funes, and his government have Foreign Disaster Assistance and the Salvador; worked closely with the United States U.S. Southern Command, the United Whereas the United States, through the to assist the affected populations. States was able to help airlift emer- U.S. Agency for International Development Let me add that I attended the inau- gency relief supplies, finance humani- and U.S. Southern Command, has provided guration of President Funes in El Sal- tarian assistance projects, support significant emergency relief and assistance vador with Secretary of State Hillary medical evacuations, assess infrastruc- to the people of El Salvador in the wake of Clinton just a few months ago, and I ture repair projects, and deliver emer- Hurricane Ida; and am glad that our governments are gency and food supplies to the worst- Whereas El Salvador has begun the process working so closely together. And let of recovering from this natural disaster: hit and isolated communities in El Sal- Now, therefore, be it me say that I have great confidence in vador. Resolved by the House of Representatives (the President Funes as he takes on these This resolution also recognizes the Senate concurring), That Congress— crucial disaster relief efforts. I had the coordination among the countries of (1) expresses solidarity with all people af- pleasure, when I attended the inau- Central America in the relief efforts fected by Hurricane Ida; guration of Mr. Funes with Secretary following the storm. It is critical that (2) commends the brave efforts of the peo- Clinton, of meeting with then Presi- responsible nations continue to work ple of El Salvador and Central America as dent-elect Funes at the Summit of the together to better prepare ourselves they recover from Hurricane Ida; (3) applauds the coordination between the Americas in Trinidad as well, so I have and our democratic partners for nat- countries of Central America during the re- discussed things with him twice. ural disasters such as this one. lief effort in providing relief to the people of As I have said, the U.S. and other Again, I would like to commend the El Salvador; countries have already done a great brave efforts of the people of El Sal- (4) acknowledges the efforts of the govern- deal to assist El Salvador during this vador and, in fact, all of Central Amer- ment of El Salvador to work closely and difficult time, but I believe much more ica as they recover from Hurricane Ida promptly with the United States to assist remains to be done. I urge my col- and to express our strong support dur- the affected population; leagues to support this crucial legisla- ing this most difficult time. (5) recognizes the progress made by El Sal- tion, and I again thank Representative Specifically, I would like to con- vador on disaster preparedness capacity and their efforts to invest in disaster risk reduc- MACK for his important initiative. gratulate my friend from Florida (Mr. tion; and I encourage the Obama administra- MACK) for his authorship of this impor- (6) urges the President to continue to tion to also support disaster relief ef- tant resolution, and I would like to make available assistance to help mitigate forts in Nicaragua and Guatemala, and recognize him at this time, Madam the effects of the recent natural disasters we need to continue to assist the gov- Speaker, to speak on this resolution. that have devastated El Salvador. ernment and people of El Salvador and And I would ask him if he would also The SPEAKER pro tempore. Pursu- prevent future disasters by investing in speak on the Drug Commission on the ant to the rule, the gentleman from the country’s infrastructure. And I Western Hemisphere of which he and New York (Mr. ENGEL) and the gentle- want to, again, say that Hurricane Mr. ENGEL were the authors.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.031 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13568 CONGRESSIONAL RECORD — HOUSE December 8, 2009 At this time, Madam Speaker, I As we continue to address U.S. drug next year’s gubernatorial elections to suc- would like to yield such time as he policy in the hemisphere, I know that ceed Andal Ampatuan, Sr., the father of may consume to the gentleman from there will be, as there have been, many Andal Ampatuan, Jr.; Whereas many of those killed were women Florida (Mr. MACK), the ranking mem- obstacles. Some of these include coun- ber of the Foreign Affairs Sub- and children, including the wife of Vice tries that simply refuse to cooperate Mayor Ismael Mangudadatu and his two sis- committee on the Western Hemisphere with the United States. And even ters; and the author of this measure. worse, Madam Speaker, there are gov- Whereas most of the women were report- Mr. MACK. Thank you to Chairman ernments that have chosen to be part edly raped and their bodies were mutilated BERMAN, and a special thanks to Rank- of or facilitate the flow of drugs into after being shot; ing Member ROS-LEHTINEN for all of the United States. Whereas as of December 2, 2009, initial her efforts and her leadership, for According to President Obama, Ven- charges have been filed in connection with bringing this resolution to the floor. ezuela has failed during the past year the massacre, according to press reports; I’d also like to thank my colleague Whereas the Freedom Fund for Filipino when it comes to counternarcotic ef- Journalists reports that at least 30 journal- from New York, Congressman TOWNS, forts. The Obama administration has for joining me in introducing this reso- ists and media workers were killed in the strong evidence that Venezuela has re- Maguindanao massacre; lution. Finally, I also want to thank fused to cooperate on almost all Whereas, the Committee to Protect Jour- my chairman, Chairman ENGEL, for his counternarcotic issues. Hugo Chavez’ nalists reports that prior to the leadership in the hemisphere. It has refusal to act responsibly not only Maguindanao massacre, 30 journalists had been a pleasure working with Chair- hurts Americans, but now Venezuela been killed in the Philippines since 2000, and man ENGEL on the important issues has the second highest murder rate in suspects were prosecuted in no more than 4 cases, putting into question the safety of facing the Western Hemisphere. the world. The Venezuelan Govern- Madam Speaker, the people of El Sal- journalists and the integrity of independent ment’s alignment with drug lords is so vador were hit hard by Hurricane Ida. journalism in the Philippines; pervasive that ministers of the Chavez As a Floridian, I understand how de- Whereas government prosecutors and government are now categorized as judges with jurisdiction over the massacre structive and devastating a hurricane ‘‘Tier II Kingpins.’’ It’s pretty clear have allegedly received threats and have can be. We in Florida know what it’s cut, Madam Speaker, that Chavez and been told to ‘‘go slow’’ on the investigation; like to see the eye of a hurricane com- Whereas President Gloria Macapagal Ar- ing our way and how it impacts our the flow of drugs into the United States is something we cannot ignore. royo declared a state of emergency in lives. My heart goes out to the thou- Maguindanao the day after the massacre, sands of men, women, and children who I want to thank Chairman ENGEL vowing that ‘‘no effort will be spared to have had their lives completely again for his leadership, and urge my bring justice to the victims’’; changed by Hurricane Ida and who are, colleagues to vote ‘‘yes’’ on the West- Whereas extrajudicial killings and elec- as we speak, picking up the pieces and ern Hemisphere Drug Policy Commis- tion-related violence are common in the slowly rebuilding their destroyed vil- sion Act, H.R. 2134. Philippines, though never on this scale and Ms. ROS-LEHTINEN. Madam Speak- rarely with this level of brutality; and lages. Whereas the United States and the Phil- As the ranking member of the West- er, I yield back the balance of our time. Mr. ENGEL. Madam Speaker, let me ippines share a strong friendship based on ern Hemisphere Subcommittee, I be- shared history and the commitment to de- lieve it’s important that the people of just say very quickly, it’s been a pleas- mocracy and freedom: Now, therefore, be it El Salvador understand that the people ure to work with the gentleman from Resolved by the House of Representatives (the of the United States support them dur- Florida (Mr. MACK), as well as the Senate concurring), That Congress— ing these difficult times. I also think ranking member of our subcommittee. (1) regrets the senseless killing of unarmed it’s important to note how several na- I yield back the balance of my time. civilians and expresses its deepest condo- lences to the families of the 57 victims; tions worked together and continue to The SPEAKER pro tempore. The question is on the motion offered by (2) condemns the culture of impunity that do so to ensure the people of El Sal- continues to exist among clans, politicians, vador are getting the help they need to the gentleman from New York (Mr. armed elements, and other persons of influ- rebuild. From Honduras, our forces ENGEL) that the House suspend the ence in the Philippines; were able to lift those in need out of rules and agree to the concurrent reso- (3) calls for a thorough, transparent, and harm’s way. From south Florida, we lution, H. Con. Res. 213, as amended. independent investigation and prosecution of were able to airlift much-needed sup- The question was taken; and (two- those who are responsible for the massacre, plies. Those who have participated in thirds being in the affirmative) the including those who committed the killings these relief efforts should be com- rules were suspended and the concur- and anyone who may have ordered them, and rent resolution, as amended, was that the proceedings be conducted with the mended for their help. We are honored highest possible level of professionalism, im- by their service. agreed to. partiality, and regard for witness protection Madam Speaker, we in Congress re- A motion to reconsider was laid on to assure the Filipino people that all the re- main committed to ensure that the the table. sponsible persons are brought to justice; people of El Salvador recover from this f (4) calls for an end to extrajudicial killings disaster, and I urge my colleagues to and election-related violence; support this important resolution. EXPRESSING SYMPATHY TO THE (5) calls for freedom of press and the safety I’d also like to make a quick note, if PHILIPPINES of the reporters investigating the massacre; (6) urges the Departments of State and I could, on an earlier resolution that Mr. ENGEL. Madam Speaker, I move was brought up, H.R. 2134. And I want Justice and other United States Government to suspend the rules and agree to the agencies to review their assistance programs to thank, again, Chairman ENGEL for concurrent resolution (H. Con. Res. 218) to the Government of the Philippines, and to his leadership for introducing the expressing sympathy for the 57 civil- offer any technical assistance, such as Western Hemisphere Drug Policy Act. ians who were killed in the southern forensics support, that Philippine authori- The problem of illegal drugs impact Philippines on November 23, 2009. ties may request; and people across borders, cultures, and so- The Clerk read the title of the con- (7) reaffirms the United States commit- cioeconomic status. When we evaluate ment to working alongside Philippine au- current resolution. the U.S. drug policy in the Americas, thorities to combat corruption, terrorism, The text of the concurrent resolution we must take an all-encompassing ap- and security threats. is as follows: proach to the problem. The SPEAKER pro tempore. Pursu- This legislation is a positive step to- H. CON. RES. 218 ant to the rule, the gentleman from wards evaluating U.S. policy. Some Whereas, on November 23, 2009, 57 unarmed New York (Mr. ENGEL) and the gentle- have focused on treatment or better civilians were slain in Maguindanao in the woman from Florida (Ms. ROS- worst politically motivated violence in re- education; others have focused on sup- LEHTINEN) each will control 20 minutes. cent Philippine history; The Chair recognizes the gentleman ply and the law enforcement aspect of Whereas those killed were on their way to the problem. But let me be clear, we file nomination papers on behalf of Ismael from New York. must make sure that we attack the Mangudadatu, vice mayor of Buluan, who in- GENERAL LEAVE problem from both angles and all per- tended to run against Andal Ampatuan, Jr. Mr. ENGEL. Madam Speaker, I ask spectives. who is currently mayor of Datay Unsu, in unanimous consent that all Members

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.034 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13569 may have 5 legislative days to revise nalists have reportedly been killed to exist among politicians, clans, and extend their remarks and include since the year 2000, with prosecutions armed forces, and other persons in the extraneous material on the resolution in only four cases. The pen may be Philippines. And this calls on the under consideration. mightier than the sword, but no pen United States to offer any kind of as- The SPEAKER pro tempore. Is there can maintain its strength if so easily sistance, technical assistance, that we objection to the request of the gen- cut down. can, and we stand by the Philippine tleman from New York? The Philippines is, after all, no ordi- government’s efforts to bring peace, There was no objection. nary republic. It is the only Asian na- rule of law, and security to the south- Mr. ENGEL. Madam Speaker, I rise tion that first incorporated democratic ern province. in strong support of this resolution, values as a territory of the United Mr. SMITH of New Jersey. Madam Speaker, and I yield myself as much time as I States of America. It was to the Phil- I rise today in support of H. Con. Res 218, ex- may consume. ippines that General Douglas Mac- pressing Congress’s deepest condolences to Madam Speaker, this concurrent res- Arthur vowed to return after the cour- the families of the 57 victims of the olution extends our profound condo- age of the defense of Corregidor and the Maguindanao massacre. I thank my good lences to the people of the Philippines agony of the Bataan death march. friend from California, Mr. BERMAN, for author- who witnessed the worst election-re- American blood was shed, American ing the resolution, which I am proud to co- lated violence in the country’s recent treasure expended, American youth sponsor. history. I’d like to thank the chairman lost to give birth to the Philippine de- Madam Speaker, when a friend is struck by of our committee, HOWARD BERMAN, for mocracy in the post-World War II a tragedy, perhaps the death of a family mem- his leadership in bringing this resolu- world. That is why the massacre of No- ber, we all know what to do. We call them up, tion before the House. vember 23 must be of concern to all of we visit them, we reach out to them. That is On November 23, 57 civilians were us as the political heirs to those brave what they need at that moment—to know they killed in Maguindanao in the southern veterans of the Philippines. Anything are not alone, that they are accompanied by Philippines. They were on their way to less than a thorough, transparent, and friends. I am confident this is happening in the file nomination papers on behalf of independent investigation of this mas- Philippines right now. The Filipino people have Ismael Mangudadatu, who intended to sacre is unacceptable. strong families, and a gift for friendship. run against Andal Ampatuan, Jr., the The success of the global war on ter- I think it is like that with nations too. What son of the incumbent governor in next ror in this volatile southern region of happened in Maguindanao was such a terrible year’s elections. Many of those killed the Philippines depends on a full imple- tragedy that other nations have to reach out were women and children, and at least mentation of transparency and the rule and remind the Filipino people that they are 30 journalists were also killed, putting of law. part of a great human family, and that other into question the safety of journalists The People Power Revolution of nations grieve with them. and the integrity of independent jour- 1986—which the United States both Madam Speaker, lest anyone doubt the im- nalism in the Philippines. celebrated and assisted—requires open, portance of this gesture, let me remind them I want to extend my deepest sym- fair, and violence-free Presidential of the outpouring of support, which came from pathy and support for President Gloria elections in May of 2010. Anything less every corner of the globe, after the September Macapagal Arroyo, who has taken would besmirch the memory of those 11 attacks in 2001. That meant so much to us. strong measures to hold accountable who have fought and died so that the But, Madam Speaker, the Filipino people those who are responsible for this Philippines might have government of also need justice. When a crime is committed atrocity, vowing that ‘‘no effort will be the people, for the people, and by the on such a scale and in such a manner as the spared to bring justice to the victims.’’ people. This dream, Madam Speaker, Maguindanao massacre, fundamental issues The United States and the Philippines may only be achieved if the truth of of justice and human rights are raised. The maintain strong bilateral ties based the November 23 massacre is fully dis- ambush of 57 people travelling in broad day- upon historical relations, common in- closed. light to file a candidate’s nomination papers, terests, and shared Values. With that, Madam Speaker, I reserve their forced march to a prepared killing field, the balance of my time. their grisly shooting, mutilation, including the b 1200 Mr. ENGEL. Madam Speaker, I yield sexual mutilation and reportedly rape of This resolution underscores our com- 1 minute to the gentleman from Texas, women, and attempted burial by government- mitment to its important relationship Congressman AL GREEN. owned equipment—something is deeply during these difficult times. Mr. AL GREEN of Texas. I thank the wrong. And let’s remember that the murder of Madam Speaker, I reserve the bal- Chair and the ranking member. 30 journalists is a full-scale attack on freedom ance of my time. I would like to quickly give 200,000 of expression—the Committee to Protect Jour- Ms. ROS-LEHTINEN. Madam Speak- reasons why we should be concerned nalists says this massacre was the deadliest er, I’d like to yield myself such time as about this incident—200,000. That’s the attack on journalists since it began monitoring I may consume. number of persons from the Philippines in 1992. Madam Speaker, I rise in support of who served with the United States My good friend’s resolution addresses these this resolution which commemorates military in World War II. issues. It condemns the ‘‘culture of impunity’’ the victims of the worst political vio- The Philippines have earned our re- that precedes and enables such a crime, and lence in recent Philippine history. The spect, and they’ve earned our necessity calls for a ‘‘transparent and independent in- wholesale massacre of 57 innocent per- to step forward in times of difficulty vestigation and prosecution’’ of those respon- sons, including women, children, and for them. We owe it to ourselves to sible, and the proceedings to be conducted journalists, can only be termed as make sure that injustice in the Phil- with the highest possible level of ‘‘impartiality shocking even in this era of mass vio- ippines is addressed, because injustice and regard for witness protection.’’ And this is lence. The fact that this attack, which there is a threat to justice here, just as the issue: whether in our own country or else- included mutilation and rape, took a threat to justice for us was a threat where, whenever a government is unwilling to place on a convoy headed to register a to justice for them. administer justice, it prepares the ground for candidate for election is a cause for I support this resolution, and I human rights violations. concern for all who uphold democratic strongly urge my colleagues to vote in This resolution also calls for an end to values and the rule of law. favor of it. extrajudicial killings and political violence, and I held discussions earlier this fall I thank you. for press freedom and safety. Finally, it urges with my Filipino friends, keen political Ms. ROS-LEHTINEN. I have no fur- our government to offer technical assistance observers who warned of the potential ther requests for time. I yield back the to the investigation. for corruption, intimidation, and even balance of our time. Madam Speaker, let us ask God to comfort violence in the run-up to elections in Mr. ENGEL. Madam Speaker, I just all those who have lost family members and May of next year. would very quickly like to point out friends in this terrible crime. I urge my col- Extrajudicial killings have sadly be- that, besides expressing our deep con- leagues to support this resolution. come rather commonplace in the Re- cern, we also express the concern about Mr. ENGEL. With that, I yield back public of the Philippines. Over 30 jour- the culture of impunity that continues the balance of my time.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.036 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13570 CONGRESSIONAL RECORD — HOUSE December 8, 2009 The SPEAKER pro tempore. The Franks (AZ) Lungren, Daniel Rogers (KY) Salazar Slaughter Visclosky ´ question is on the motion offered by Frelinghuysen E. Rogers (MI) Sanchez, Linda Snyder Walz Gallegly Mack Rohrabacher T. Speier Wasserman the gentleman from New York (Mr. Garrett (NJ) Manzullo Rooney Sanchez, Loretta Spratt Schultz ENGEL) that the House suspend the Gerlach Marchant Ros-Lehtinen Sarbanes Stark Waters rules and agree to the concurrent reso- Giffords Marshall Roskam Schakowsky Stupak Watson Schauer Sutton lution, H. Con. Res. 218. Gingrey (GA) McCarthy (CA) Royce Watt Gohmert McCaul Rush Schiff Tanner Waxman Schwartz Thompson (CA) The question was taken; and (two- Goodlatte McClintock Ryan (WI) Weiner Granger McCotter Scott (GA) Thompson (MS) thirds being in the affirmative) the Scalise Welch Graves McHenry Scott (VA) Tierney rules were suspended and the resolu- Schmidt Wilson (OH) Griffith McIntyre Serrano Titus tion was agreed to. Schock Woolsey Guthrie McKeon Schrader Shea-Porter Tonko A motion to reconsider was laid on Hall (NY) McMahon Sherman Tsongas Wu Sensenbrenner Yarmuth Harper McMorris Sessions Shuler Van Hollen the table. ´ Hastings (WA) Rodgers Sestak Sires Velazquez f Heller McNerney Shadegg Hensarling Mica NOT VOTING—29 Shimkus Herger Michaud ANNOUNCEMENT BY THE SPEAKER Shuster Abercrombie Fallin Moran (VA) Himes Miller (FL) Arcuri Hall (TX) PRO TEMPORE Simpson Murtha Hodes Miller (MI) Barrett (SC) Hoekstra Skelton Neal (MA) Hunter Minnick Berman Johnson (IL) The SPEAKER pro tempore. Pursu- Smith (NE) Paul Inglis Mitchell Boucher Johnson, Sam ant to clause 8 of rule XX, proceedings Smith (NJ) Petri Issa Moran (KS) Broun (GA) Kagen will resume on questions previously Smith (TX) Reichert Jenkins Murphy (CT) Campbell Kind Smith (WA) Jones Murphy (NY) Souder postponed. Capuano Kirkpatrick (AZ) Towns Jordan (OH) Murphy, Tim Space Davis (AL) Lipinski Votes will be taken in the following Wexler King (IA) Myrick Stearns Delahunt Miller, Gary order: King (NY) Neugebauer Sullivan The motion to instruct conferees on Kingston Nunes Taylor ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE H.R. 3288, by the yeas and nays; Kirk Nye Teague The SPEAKER pro tempore (during Suspending the rules and agreeing to: Klein (FL) Olson Terry the vote). There are 2 minutes remain- Kline (MN) Owens Thompson (PA) H. Con. Res. 199, by the yeas and Kosmas Paulsen Thornberry ing in this vote. nays; Kratovil Pence Tiahrt b 1239 H. Con. Res. 206, by the yeas and Lamborn Perriello Tiberi Turner nays; Lance Pitts Messrs. GRIJALVA, HOLT, Ms. HAR- Latham Platts Upton MAN, Messrs. RODRIGUEZ, HOYER, H. Res. 940, by the yeas and nays. LaTourette Poe (TX) Walden The first electronic vote will be con- Latta Pomeroy Wamp GARAMENDI, BLUMENAUER, ducted as a 15-minute vote. Remaining Lee (NY) Posey Westmoreland BECERRA, Ms. FUDGE, Mr. Lewis (CA) Price (GA) Whitfield ´ electronic votes will be conducted as 5- SCHAUER, Ms. LINDA T. SANCHEZ of Linder Putnam Wilson (SC) California, Messrs. HASTINGS of Flor- minute votes. LoBiondo Radanovich Wittman Lucas Rehberg Wolf ida, LYNCH, PALLONE, ELLISON, Ms. f Luetkemeyer Roe (TN) Young (AK) LORETTA SANCHEZ of California, Lummis Rogers (AL) Young (FL) MOTION TO INSTRUCT CONFEREES Messrs. GEORGE MILLER of Cali- ON H.R. 3288, TRANSPORTATION, NAYS—193 fornia, CLEAVER, GRAYSON, MCGOV- ERN, MOLLOHAN, BISHOP of Georgia, HOUSING AND URBAN DEVELOP- Ackerman Fattah Lowey MENT, AND RELATED AGENCIES Andrews Filner Luja´ n KANJORSKI, Ms. SLAUGHTER, Ms. APPROPRIATIONS ACT, 2010 Baca Frank (MA) Lynch SPEIER, Ms. RICHARDSON, Messrs. Baldwin Fudge Maffei TIERNEY, DAVIS of Tennessee, The SPEAKER pro tempore. The un- Becerra Garamendi Maloney GUTIERREZ, RYAN of Ohio, Mrs. finished business is the vote on the mo- Berkley Gonzalez Markey (CO) Berry Gordon (TN) Markey (MA) HALVORSON, Mr. MELANCON, Ms. tion to instruct on H.R. 3288 offered by Bishop (GA) Grayson Massa DEGETTE, and Mr. COHEN changed the gentleman from Iowa (Mr. LATHAM) Bishop (NY) Green, Al Matheson their vote from ‘‘yea’’ to ‘‘nay.’’ on which the yeas and nays were or- Blumenauer Green, Gene Matsui Messrs. HENSARLING, POE of dered. Boswell Grijalva McCarthy (NY) Boyd Gutierrez McCollum Texas, BARTON of Texas, YOUNG of The Clerk will redesignate the mo- Brady (PA) Halvorson McDermott Alaska, Mrs. DAHLKEMPER, Messrs. tion. Brown, Corrine Hare McGovern ADLER of New Jersey, DOGGETT, and The Clerk redesignated the motion. Butterfield Harman Meek (FL) Capps Hastings (FL) Meeks (NY) HODES changed their vote from ‘‘nay’’ The SPEAKER pro tempore. The Cardoza Heinrich Melancon to ‘‘yea.’’ question is on the motion to instruct. Carnahan Herseth Sandlin Miller (NC) So the motion to instruct was agreed The vote was taken by electronic de- Carson (IN) Higgins Miller, George to. vice, and there were—yeas 212, nays Castor (FL) Hill Mollohan Chandler Hinchey Moore (KS) The result of the vote was announced 193, not voting 29, as follows: Chu Hinojosa Moore (WI) as above recorded. [Roll No. 931] Clarke Hirono Murphy, Patrick A motion to reconsider was laid on Clay Holden Nadler (NY) YEAS—212 Cleaver Holt Napolitano the table. Aderholt Boustany Conaway Clyburn Honda Oberstar Stated for: Adler (NJ) Brady (TX) Cooper Cohen Hoyer Obey Mr. PETRI. Madam Speaker, on rollcall No. Akin Braley (IA) Costa Connolly (VA) Inslee Olver 931, I was unavoidably detained. Had I been Alexander Bright Crenshaw Conyers Israel Ortiz Altmire Brown (SC) Cuellar Costello Jackson (IL) Pallone present, I would have voted ‘‘yea.’’ Austria Brown-Waite, Culberson Courtney Jackson-Lee Pascrell f Bachmann Ginny Dahlkemper Crowley (TX) Pastor (AZ) Bachus Buchanan Davis (KY) Cummings Johnson (GA) Payne RECOGNIZING ECHO COMPANY OF Baird Burgess Deal (GA) Davis (CA) Johnson, E. B. Perlmutter 100TH BATTALION OF THE 442D Barrow Burton (IN) Dent Davis (IL) Kanjorski Peters INFANTRY Bartlett Buyer Diaz-Balart, L. Davis (TN) Kaptur Peterson Barton (TX) Calvert Diaz-Balart, M. DeFazio Kennedy Pingree (ME) The SPEAKER pro tempore (Mr. Bean Camp Doggett DeGette Kildee Polis (CO) BLUMENAUER). The unfinished business Biggert Cantor Donnelly (IN) DeLauro Kilpatrick (MI) Price (NC) Bilbray Cao Dreier Dicks Kilroy Quigley is the vote on the motion to suspend Bilirakis Capito Duncan Dingell Kissell Rahall the rules and agree to the concurrent Bishop (UT) Carney Ehlers Doyle Kucinich Rangel resolution, H. Con. Res. 199, as amend- Blackburn Carter Ellsworth Driehaus Langevin Reyes Blunt Cassidy Emerson Edwards (MD) Larsen (WA) Richardson ed, on which the yeas and nays were or- Boccieri Castle Flake Edwards (TX) Larson (CT) Rodriguez dered. Boehner Chaffetz Fleming Ellison Lee (CA) Ross The Clerk read the title of the con- Bonner Childers Forbes Engel Levin Rothman (NJ) current resolution. Bono Mack Coble Fortenberry Eshoo Lewis (GA) Roybal-Allard Boozman Coffman (CO) Foster Etheridge Loebsack Ruppersberger The SPEAKER pro tempore. The Boren Cole Foxx Farr Lofgren, Zoe Ryan (OH) question is on the motion offered by

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.038 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13571 the gentlewoman from Guam (Ms. Minnick Rodriguez Speier Mr. LARSON of Connecticut. Mr. Mitchell Roe (TN) Spratt BORDALLO) that the House suspend the Speaker, on rollcall No. 932, had I been Mollohan Rogers (AL) Stark rules and agree to the concurrent reso- Moore (KS) Rogers (KY) Stearns present, I would have voted ‘‘yea.’’ lution, H. Con. Res. 199, as amended. Moore (WI) Rogers (MI) Stupak f This will be a 5-minute vote. Moran (KS) Rohrabacher Sullivan Murphy (CT) Ros-Lehtinen The vote was taken by electronic de- Sutton Murphy (NY) Roskam Tanner PERSONAL EXPLANATION vice, and there were—yeas 400, nays 0, Murphy, Patrick Ross Taylor Mr. BROUN of Georgia. Madam Speaker, not voting 34, as follows: Murphy, Tim Rothman (NJ) Teague Myrick Roybal-Allard Terry on rollcall No. 931, making appropriations for [Roll No. 932] Nadler (NY) Royce Thompson (CA) the Departments of Transportation, HUD, and Napolitano Ruppersberger YEAS—400 Thompson (MS) Neugebauer Rush related agencies for FY 2010, and on rollcall Ackerman Cuellar Hunter Nunes Ryan (OH) Thompson (PA) No. 932, recognizing the 10th anniversary of Aderholt Culberson Inglis Nye Ryan (WI) Thornberry the activation of Echo Company of the 100th Adler (NJ) Cummings Inslee Tiahrt Oberstar Salazar Battalion of the 442d Infantry, and the sacrifice Akin Dahlkemper Israel Obey Sa´ nchez, Linda Tiberi Alexander Davis (CA) Issa Olson T. Tierney of the soldiers and families in support of the Altmire Davis (IL) Jackson (IL) Olver Sanchez, Loretta Titus United States, had I been present, I would Andrews Davis (KY) Jackson-Lee Ortiz Sarbanes Tonko have voted ‘‘yea.’’ Austria Davis (TN) (TX) Owens Scalise Tsongas Baca Deal (GA) Jenkins Pallone Schakowsky Turner f Bachmann DeFazio Johnson, E. B. Pascrell Schauer Upton Bachus DeGette Jones Pastor (AZ) Schiff Van Hollen Baird DeLauro Jordan (OH) COMMENDING THE SOLDIERS AND Paulsen Schmidt Vela´ zquez CIVILIAN PERSONNEL STA- Baldwin Dent Kanjorski Payne Schock Visclosky Barrow Diaz-Balart, L. Kaptur Pence Schrader Walden TIONED AT FORT GORDON Bartlett Diaz-Balart, M. Kennedy Perlmutter Schwartz Walz Barton (TX) Dicks Kildee The SPEAKER pro tempore. The un- Perriello Scott (GA) Wamp Bean Dingell Kilpatrick (MI) Peters Scott (VA) Wasserman finished business is the vote on the mo- Becerra Doggett Kilroy Peterson Sensenbrenner Schultz tion to suspend the rules and agree to Berkley Donnelly (IN) King (IA) Petri Sessions Waters the concurrent resolution, H. Con. Res. Berry Doyle King (NY) Pingree (ME) Sestak Biggert Dreier Kingston Watson 206, as amended, on which the yeas and Pitts Shadegg Watt Bilbray Driehaus Kirk Platts Shea-Porter Waxman nays were ordered. Bilirakis Duncan Kissell Poe (TX) Sherman Weiner The Clerk read the title of the resolu- Bishop (GA) Edwards (MD) Klein (FL) Polis (CO) Shimkus Welch Bishop (NY) Edwards (TX) Kline (MN) Pomeroy Shuler tion. Bishop (UT) Ehlers Kosmas Posey Shuster Westmoreland The SPEAKER pro tempore. The Blackburn Ellison Kratovil Price (GA) Simpson Whitfield question is on the motion offered by Blumenauer Ellsworth Lamborn Wilson (OH) Price (NC) Sires the gentlewoman from Guam (Ms. Blunt Emerson Lance Putnam Skelton Wilson (SC) Boccieri Engel Langevin Quigley Slaughter Wittman BORDALLO) that the House suspend the Boehner Eshoo Larsen (WA) Radanovich Smith (NE) Wolf rules and agree to the concurrent reso- Bonner Etheridge Latham Rahall Smith (NJ) Woolsey lution, H. Con. Res. 206, as amended. Bono Mack Farr LaTourette Rangel Smith (TX) Wu Boozman Fattah Latta Rehberg Snyder Yarmuth This will be a 5-minute vote. Boren Filner Lee (CA) Reyes Souder Young (AK) The vote was taken by electronic de- Boswell Flake Lee (NY) Richardson Space Young (FL) vice, and there were—yeas 404, nays 0, Boustany Fleming Levin Boyd Forbes Lewis (CA) NOT VOTING—34 not voting 30, as follows: Brady (PA) Fortenberry Lewis (GA) Abercrombie Hall (TX) Moran (VA) [Roll No. 933] Brady (TX) Foster Linder Arcuri Hoekstra Braley (IA) Foxx LoBiondo Murtha YEAS—404 Barrett (SC) Johnson (GA) Bright Frank (MA) Loebsack Neal (MA) Ackerman Brown-Waite, Dahlkemper Berman Johnson (IL) Brown (SC) Franks (AZ) Lofgren, Zoe Paul Aderholt Ginny Davis (CA) Boucher Johnson, Sam Brown, Corrine Frelinghuysen Lowey Reichert Adler (NJ) Buchanan Davis (IL) Broun (GA) Kagen Brown-Waite, Fudge Lucas Rooney Akin Burgess Davis (KY) Campbell Kind Ginny Gallegly Luetkemeyer Serrano Burton (IN) Davis (TN) Capuano Kirkpatrick (AZ) Alexander Buchanan Garamendi Luja´ n Smith (WA) Butterfield Deal (GA) Davis (AL) Kucinich Altmire Burgess Gerlach Lummis Towns Buyer DeFazio Delahunt Larson (CT) Andrews Burton (IN) Giffords Lungren, Daniel Wexler Calvert DeGette Fallin Lipinski Austria Butterfield Gingrey (GA) E. Camp DeLauro Garrett (NJ) Miller, Gary Baca Buyer Gohmert Lynch Bachmann Cantor Dent Calvert Gonzalez Mack ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Bachus Cao Diaz-Balart, L. Camp Goodlatte Maffei Capito Diaz-Balart, M. The SPEAKER pro tempore (during Baird Cantor Gordon (TN) Maloney Baldwin Capps Dicks Cao Granger Manzullo the vote). There are 2 minutes remain- Barrow Cardoza Dingell Capito Graves Marchant ing in this vote. Bartlett Carnahan Doggett Carney Capps Grayson Markey (CO) Barton (TX) Donnelly (IN) Cardoza Green, Al Markey (MA) Carson (IN) Doyle Bean Carnahan Green, Gene Marshall Carter Dreier b 1246 Becerra Carney Griffith Massa Cassidy Driehaus Berkley Carson (IN) Grijalva Matheson Castle Duncan So (two-thirds being in the affirma- Berry Carter Guthrie Matsui Castor (FL) Edwards (MD) tive) the rules were suspended and the Biggert Cassidy Gutierrez McCarthy (CA) Chaffetz Edwards (TX) Castle Hall (NY) McCarthy (NY) concurrent resolution, as amended, was Bilbray Chandler Ehlers Castor (FL) Halvorson McCaul agreed to. Bilirakis Childers Ellison Bishop (GA) Chaffetz Hare McClintock The result of the vote was announced Chu Ellsworth Chandler Harman McCollum Bishop (NY) Clarke Emerson Childers Harper McCotter as above recorded. Bishop (UT) Clay Engel Chu Hastings (FL) McDermott The title was amended so as to read: Blackburn Cleaver Eshoo Clarke Hastings (WA) McGovern ‘‘Concurrent resolution recognizing the Blumenauer Clyburn Etheridge Clay Heinrich McHenry Blunt Coble Farr Cleaver Heller McIntyre 10th Anniversary of the redesignation Boccieri Coffman (CO) Fattah Clyburn Hensarling McKeon of Company E, 100th Battalion, 442d In- Boehner Cohen Filner Coble Herger McMahon fantry Regiment of the United States Bonner Cole Flake Coffman (CO) Herseth Sandlin McMorris Army and the sacrifice of the soldiers Bono Mack Conaway Fleming Cohen Higgins Rodgers Boozman Connolly (VA) Forbes Cole Hill McNerney of Company E and their families in Boren Conyers Fortenberry Conaway Himes Meek (FL) support of the United States.’’. Boswell Cooper Foster Connolly (VA) Hinchey Meeks (NY) A motion to reconsider was laid on Boustany Costa Foxx Conyers Hinojosa Melancon Boyd Costello Frank (MA) Cooper Hirono Mica the table. Brady (PA) Courtney Franks (AZ) Costa Hodes Michaud Stated for: Brady (TX) Crenshaw Frelinghuysen Costello Holden Miller (FL) Mr. ROONEY. Mr. Speaker, on roll- Braley (IA) Crowley Fudge Courtney Holt Miller (MI) Bright Cuellar Gallegly Crenshaw Honda Miller (NC) call No. 932, had I been present, I would Brown (SC) Culberson Garamendi Crowley Hoyer Miller, George have voted ‘‘yea.’’ Brown, Corrine Cummings Gerlach

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.040 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13572 CONGRESSIONAL RECORD — HOUSE December 8, 2009 Giffords Maffei Roskam Johnson (IL) Lipinski Paul Deal (GA) Kirkpatrick (AZ) Pingree (ME) Gingrey (GA) Maloney Ross Johnson, Sam Miller, Gary Reichert DeFazio Kissell Pitts Gohmert Manzullo Rothman (NJ) Kagen Moran (VA) Smith (WA) DeGette Klein (FL) Platts Gonzalez Marchant Roybal-Allard Kind Murtha Towns Dent Kline (MN) Poe (TX) Goodlatte Markey (CO) Royce Kirkpatrick (AZ) Neal (MA) Wexler Diaz-Balart, L. Kosmas Polis (CO) Gordon (TN) Markey (MA) Ruppersberger Diaz-Balart, M. Kratovil Pomeroy ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Granger Marshall Rush Dicks Kucinich Posey Graves Massa Ryan (OH) The SPEAKER pro tempore (during Dingell Lamborn Price (GA) Grayson Matheson Ryan (WI) the vote). There are 2 minutes remain- Doggett Lance Price (NC) Green, Al Matsui Salazar ing in this vote. Donnelly (IN) Langevin Putnam Green, Gene McCarthy (CA) Sa´ nchez, Linda Doyle Larsen (WA) Quigley Griffith McCarthy (NY) T. Dreier Larson (CT) Radanovich Grijalva McCaul Sanchez, Loretta b 1254 Driehaus Latham Rahall Guthrie McClintock Sarbanes So (two-thirds being in the affirma- Duncan LaTourette Rangel Gutierrez McCollum Scalise Edwards (MD) Latta tive) the rules were suspended and the Rehberg Hall (NY) McCotter Schakowsky Edwards (TX) Lee (CA) Reyes Halvorson McDermott Schauer concurrent resolution, as amended, was Ehlers Lee (NY) Richardson Hare McGovern Schiff agreed to. Ellison Levin Rodriguez Harman McHenry Schmidt Ellsworth Lewis (CA) Roe (TN) Harper McIntyre Schock The result of the vote was announced Emerson Lewis (GA) Rogers (AL) Hastings (FL) McKeon Schrader as above recorded. Engel Linder Rogers (KY) Hastings (WA) McMahon Schwartz A motion to reconsider was laid on Eshoo LoBiondo Rogers (MI) Heinrich McMorris Scott (GA) the table. Etheridge Loebsack Rohrabacher Heller Rodgers Scott (VA) Farr Lofgren, Zoe Hensarling McNerney Sensenbrenner Stated for: Rooney Fattah Lowey Ros-Lehtinen Herger Meek (FL) Serrano Mr. BROUN of Georgia. Mr. Speaker, on Filner Lucas Herseth Sandlin Meeks (NY) Sessions Roskam rollcall No. 933, commending the soldiers and Flake Luetkemeyer Ross Higgins Melancon Sestak Fleming Luja´ n Hill Mica Shadegg civilian personnel stationed at Ford Gordon Rothman (NJ) Forbes Lummis Roybal-Allard Himes Michaud Shea-Porter and their families for their service and dedica- Fortenberry Lungren, Daniel Hinchey Miller (FL) Sherman Royce tion to the United States and recognizing the Foster E. Ruppersberger Hinojosa Miller (MI) Shimkus Foxx Lynch Hirono Miller (NC) Shuler contributions of Fort Gordon to Operation Iraqi Rush Freedom and Operation Enduring Freedom Frank (MA) Mack Ryan (OH) Hodes Miller, George Shuster Franks (AZ) Maffei Holden Ryan (WI) Minnick Simpson and its role as a pivotal communications train- Frelinghuysen Maloney Holt Mitchell Sires Salazar ing installation, had I been present, I would Fudge Manzullo Honda Mollohan Skelton Sa´ nchez, Linda Gallegly Marchant Hoyer Moore (KS) Slaughter have voted ‘‘yea.’’ T. Garamendi Markey (CO) Hunter Moore (WI) Smith (NE) Sanchez, Loretta Garrett (NJ) Markey (MA) Inglis Moran (KS) Smith (NJ) f Sarbanes Gerlach Marshall Inslee Murphy (CT) Smith (TX) Scalise Giffords Massa Israel Murphy (NY) Snyder HONORING 373RD ANNIVERSARY Schakowsky Gingrey (GA) Matheson Issa Murphy, Patrick Souder Schauer OF THE NATIONAL GUARD Gohmert Matsui Jackson (IL) Murphy, Tim Space Schiff Gonzalez McCarthy (CA) Jackson-Lee Myrick Speier The SPEAKER pro tempore. The un- Schmidt Goodlatte McCarthy (NY) (TX) Nadler (NY) Spratt finished business is the vote on the mo- Schock Gordon (TN) McCaul Jenkins Napolitano Stark tion to suspend the rules and agree to Schrader Johnson, E. B. Neugebauer Stearns Granger McClintock Schwartz Jones Nunes Stupak the resolution, H. Res. 940, on which Graves McCollum Scott (GA) Jordan (OH) Nye Sullivan the yeas and nays were ordered. Grayson McCotter Scott (VA) Kanjorski Oberstar Sutton Green, Al McDermott Sensenbrenner The Clerk read the title of the resolu- Green, Gene McGovern Kaptur Obey Tanner tion. Serrano Kennedy Olson Taylor Griffith McHenry Sessions Kildee Olver Teague The SPEAKER pro tempore. The Grijalva McIntyre Sestak Kilpatrick (MI) Ortiz Terry question is on the motion offered by Guthrie McKeon Shadegg Gutierrez McMahon Kilroy Owens Thompson (CA) the gentlewoman from Guam (Ms. Shea-Porter King (IA) Pallone Thompson (MS) Hall (NY) McMorris Sherman King (NY) Pascrell Thompson (PA) BORDALLO) that the House suspend the Halvorson Rodgers Shimkus Hare McNerney Kingston Pastor (AZ) Thornberry rules and agree to the resolution, H. Shuler Harman Meek (FL) Kirk Paulsen Tiahrt Shuster Res. 940. Harper Meeks (NY) Kissell Payne Tiberi Simpson This will be a 5-minute vote. Hastings (FL) Melancon Klein (FL) Pence Tierney Sires Hastings (WA) Mica Kline (MN) Perlmutter Titus The vote was taken by electronic de- Skelton Heller Michaud Kosmas Perriello Tonko vice, and there were—yeas 401, nays 0, Slaughter Hensarling Miller (FL) Kratovil Peters Tsongas Smith (NE) not voting 33, as follows: Herger Miller (MI) Kucinich Peterson Turner Smith (NJ) Herseth Sandlin Miller (NC) Lamborn Petri Upton [Roll No. 934] Smith (TX) Higgins Miller, George Lance Pingree (ME) Van Hollen Snyder YEAS—401 Hill Minnick Langevin Pitts Vela´ zquez Souder Larsen (WA) Platts Visclosky Ackerman Bonner Cassidy Himes Mitchell Aderholt Bono Mack Castle Hinchey Mollohan Space Larson (CT) Poe (TX) Walden Speier Latham Polis (CO) Walz Adler (NJ) Boozman Castor (FL) Hinojosa Moore (KS) Akin Boren Chaffetz Hirono Moore (WI) Spratt LaTourette Pomeroy Wamp Stark Latta Posey Wasserman Alexander Boswell Chandler Hodes Moran (KS) Altmire Boustany Childers Holden Murphy (CT) Stearns Lee (CA) Price (GA) Schultz Stupak Lee (NY) Price (NC) Waters Andrews Boyd Clarke Holt Murphy (NY) Austria Brady (PA) Clay Honda Murphy, Patrick Sullivan Levin Putnam Watson Sutton Lewis (CA) Quigley Watt Baca Brady (TX) Cleaver Hoyer Murphy, Tim Bachmann Braley (IA) Clyburn Hunter Myrick Tanner Lewis (GA) Radanovich Waxman Taylor Linder Rahall Weiner Bachus Bright Coble Inglis Nadler (NY) Baird Brown (SC) Coffman (CO) Inslee Napolitano Teague LoBiondo Rangel Welch Terry Loebsack Rehberg Westmoreland Baldwin Brown, Corrine Cohen Israel Neugebauer Barrow Brown-Waite, Cole Issa Nunes Thompson (CA) Lofgren, Zoe Reyes Whitfield Thompson (MS) Lowey Richardson Wilson (OH) Bartlett Ginny Conaway Jackson (IL) Nye Thompson (PA) Lucas Rodriguez Wilson (SC) Barton (TX) Buchanan Connolly (VA) Jackson-Lee Oberstar Thornberry Luetkemeyer Roe (TN) Wittman Bean Burgess Conyers (TX) Obey Tiahrt Luja´ n Rogers (AL) Wolf Becerra Burton (IN) Cooper Jenkins Olson Tiberi Lummis Rogers (KY) Woolsey Berkley Butterfield Costa Johnson, E. B. Olver Tierney Lungren, Daniel Rogers (MI) Wu Berry Buyer Costello Jones Ortiz Titus E. Rohrabacher Yarmuth Biggert Calvert Courtney Jordan (OH) Owens Tonko Lynch Rooney Young (AK) Bilbray Camp Crenshaw Kanjorski Pallone Tsongas Mack Ros-Lehtinen Young (FL) Bilirakis Cantor Crowley Kaptur Pascrell Bishop (GA) Cao Cuellar Kennedy Pastor (AZ) Turner Upton NOT VOTING—30 Bishop (NY) Capito Culberson Kildee Paulsen Bishop (UT) Capps Cummings Kilpatrick (MI) Payne Van Hollen Abercrombie Broun (GA) Fallin Blackburn Cardoza Dahlkemper Kilroy Perlmutter Vela´ zquez Arcuri Campbell Garrett (NJ) Blumenauer Carnahan Davis (CA) King (IA) Perriello Visclosky Barrett (SC) Capuano Hall (TX) Blunt Carney Davis (IL) King (NY) Peters Walden Berman Davis (AL) Hoekstra Boccieri Carson (IN) Davis (KY) Kingston Peterson Walz Boucher Delahunt Johnson (GA) Boehner Carter Davis (TN) Kirk Petri Wamp

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.005 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13573 Wasserman Welch Wolf ferred to in subsection (a) shall be deemed to never more evident than on September Schultz Westmoreland Woolsey be a reference to the ‘‘Roy Rondeno, Sr. Post 26 of this year. Mr. Rondeno volun- Watson Whitfield Wu Office Building’’. Watt Wilson (OH) Yarmuth teered to work on his day off given Waxman Wilson (SC) Young (AK) The SPEAKER pro tempore. Pursu- that the Uptown Station lacked Weiner Wittman Young (FL) ant to the rule, the gentleman from enough letter carriers to cover the NOT VOTING—33 Massachusetts (Mr. LYNCH) and the day’s route. As Mr. Rondeno was sort- Abercrombie DeLauro Miller, Gary gentleman from Louisiana (Mr. CAO) ing mail on the back of his truck, he Arcuri Fallin Moran (VA) each will control 20 minutes. was struck by a car and tragically lost Barrett (SC) Hall (TX) Murtha The Chair recognizes the gentleman both of his legs as a result of the acci- Berman Heinrich Neal (MA) from Massachusetts. Boucher Hoekstra Paul dent. Broun (GA) Johnson (GA) Pence GENERAL LEAVE The outpouring of support for Mr. Campbell Johnson (IL) Reichert Mr. LYNCH. Mr. Speaker, I ask unan- Rondeno and his family that followed Capuano Johnson, Sam Smith (WA) imous consent that all Members may his hospitalization stands as a true tes- Chu Kagen Towns Davis (AL) Kind Waters have 5 legislative days within which to tament to Mr. Rondeno’s standing in Delahunt Lipinski Wexler revise and extend their remarks and Uptown New Orleans as a model public ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE add any extraneous materials. servant and community member. Nota- The SPEAKER pro tempore (during The SPEAKER pro tempore. Is there bly, local merchants and community the vote). There are 2 minutes remain- objection to the request of the gen- leaders promptly established a dona- ing in this vote. tleman from Massachusetts? tion fund to assist Mr. Rondeno in his There was no objection. recovery, and signs of support for the b 1301 Mr. LYNCH. Mr. Speaker, I yield my- letter carrier could be seen hanging in So (two-thirds being in the affirma- self such time as I may consume. a variety of local storefronts along his tive) the rules were suspended and the Mr. Speaker, as chairman of the route. resolution was agreed to. House subcommittee with jurisdiction Regrettably, on October 2, only 6 The result of the vote was announced over the United States Postal Service, days after this accident, Mr. Rondeno as above recorded. I am pleased to present H.R. 3951 for died from heart failure during surgery. A motion to reconsider was laid on consideration. This legislation will des- Mr. Rondeno was only 57 years old at the table. ignate the United States Postal Serv- the time of his death, and he had Stated for: ice facility located at 2000 Louisiana planned on retiring from the postal Avenue in New Orleans, Louisiana, as Mr. BROUN of Georgia. Mr. Speaker, on service early next year so as to focus the ‘‘Roy Rondeno, Sr. Post Office rollcall No. 934, recognizing and honoring the his attention on serving his New Orle- Building.’’ National Guard on the occasion of its 373rd ans community in a different capacity, Introduced by my colleague, Rep- anniversary, had I been present, I would have through an outreach ministry that he resentative ANH ‘‘JOSEPH’’ CAO of Lou- voted ‘‘yea.’’ had recently founded with his beloved isiana on October 28, 2009, and reported wife, Shirley. f out of the Oversight and Government As noted by Acting Louisiana Dis- APPOINTMENT OF CONFEREES ON Reform Committee on November 18, trict Manager Peter Sgro upon Mr. H.R. 3288, TRANSPORTATION, 2009 by unanimous consent, H.R. 3951 Rondeno’s passing, ‘‘Roy was a dedi- HOUSING AND URBAN DEVELOP- enjoys the support of the entire Lou- cated postal employee who wore his MENT, AND RELATED AGENCIES isiana House delegation. uniform proudly. Everybody who knew APPROPRIATIONS ACT, 2010 A native of New Orleans, Louisiana, him agreed he had a tremendous work Roy Rondeno, Sr. served his beloved ethic and always worked to provide the The SPEAKER pro tempore. Without community as a dedicated employee of best service to his customers and the objection, the Chair appoints the fol- the United States Postal Service for postal service.’’ lowing conferees on H.R. 3288: over 30 years. Notably, Mr. Rondeno Mr. Speaker, while Mr. Rondeno is no Messrs. OLVER, PASTOR of Arizona, worked at the United States Postal longer with us, his memory will un- Ms. KAPTUR, Mr. PRICE of North Caro- Service facility at Uptown Station lo- doubtedly live on through his wife, lina, Ms. ROYBAL-ALLARD, Mr. BERRY, cated at 2000 Louisiana Avenue in New Shirley; his three sons, Roy, Richard, Ms. KILPATRICK of Michigan, Mrs. Orleans, the very facility that we seek and Ryan; and all those who were for- LOWEY, Messrs. OBEY, LATHAM, WOLF, to designate in his honor. tunate enough to know this dedicated TIAHRT, WAMP, and LEWIS of California. The true embodiment of the old and hardworking public servant. There was no objection. adage that ‘‘neither rain, nor snow, nor Mr. Speaker, it is my hope that we f sleet’’ will keep a postman from com- can pay tribute to the life and legacy pleting his rounds, Mr. Rondeno was of Mr. Roy Rondeno, Sr. through the ROY RONDENO, SR. POST OFFICE roundly known as a dedicated and be- passage of this legislation to designate BUILDING loved letter carrier who would never the Uptown postal facility in his honor. Mr. LYNCH. Mr. Speaker, I move to fail to deliver even the smallest pack- I urge all of my colleagues to join us suspend the rules and pass the bill age in the pouring rain. and Mr. CAO, the chief sponsor of this (H.R. 3951) to designate the facility of As noted by the New Orleans Times- measure, in supporting H.R. 3951. the United States Postal Service lo- Picayune newspaper, many residents Mr. Speaker, I reserve the balance of cated at 2000 Louisiana Avenue in New along Mr. Rondeno’s route had formed my time. Orleans, Louisiana, as the ‘‘Roy a close relationship with this letter Mr. CAO. Mr. Speaker, I yield myself Rondeno, Sr. Post Office Building’’. carrier and described him as a char- such time as I may consume. The Clerk read the title of the bill. ismatic man who always had a kind Mr. Speaker, I rise today in support The text of the bill is as follows: word for everyone. According to friend of H.R. 3951 to designate the Uptown H.R. 3951 and Uptown resident Susan Hereford, post office building located at 2000 Lou- Be it enacted by the Senate and House of Rep- Mr. Rondeno did not only deliver the isiana Avenue in New Orleans, Lou- resentatives of the United States of America in mail every day but rather also deliv- isiana, in honor of Roy Rondeno, Sr., a Congress assembled, ered ‘‘a little piece of himself’’ and 34-year USPS letter carrier and mili- SECTION 1. ROY RONDENO, SR. POST OFFICE connected with everyone on his route. tary veteran, who was the epitome of a BUILDING. Dr. Brian Ghere, another Uptown resi- loyal and beloved public servant and (a) DESIGNATION.—The facility of the dent, further describes Mr. Rondeno as community member. United States Postal Service located at 2000 ‘‘an exceptional human being, a great In late September 2009, while work- Louisiana Avenue in New Orleans, Lou- letter carrier, and a real credit to his ing on his day off because the postal isiana, shall be known and designated as the ‘‘Roy Rondeno, Sr. Post Office Building’’. profession.’’ service was short-staffed, Mr. Rondeno (b) REFERENCES.—Any reference in a law, The extent of Mr. Rondeno’s commit- was sorting through mail in the back map, regulation, document, paper, or other ment to his job and his Uptown resi- of his truck when he was hit by a car. record of the United States to the facility re- dents that he was proud to serve was The vehicle blew through a stop sign

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.009 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13574 CONGRESSIONAL RECORD — HOUSE December 8, 2009 and critically injured him. Six days isiana, in his name as a reminder for Mr. MCGOVERN. I thank the gen- later, on October 2, 2009, he died from all who go there of the dedication and tleman for yielding. heart failure during surgery, a few passion of this public servant. Mr. Speaker, I am proud today to rise weeks short of his plan to retire and I urge all Members to support the in support of H.R. 4017 to rename the spend time with his family and re- passage of H.R. 3951. post office at 43 Maple Avenue in cently founded outreach ministry. Mr. Speaker, I yield back the balance Shrewsbury, Massachusetts, as the Mr. Rondeno, a native of New Orle- of my time. ‘‘Ann Marie Blute Post Office.’’ ans, Louisiana, lived in Metairie and Mr. LYNCH. Mr. Speaker, in closing, Mrs. Blute was a beloved and active worked at the USPS Uptown Station in I urge all our colleagues to join Mr. member of the tight-knit Shrewsbury New Orleans. He was known as a dedi- CAO, the principal author of this bill, community, which is located in my dis- cated, charismatic, and beloved letter to support House Resolution 3951, and I trict. She passed away on May 1 of this carrier. Survivors include his wife yield back the balance of my time. year after suffering a stroke, and she is Shirley of Metairie; and sons Richard The SPEAKER pro tempore. The dearly missed by her family and all of Houston, Ryan of Los Angeles, and question is on the motion offered by who knew her. Roy, Jr. of Metairie. the gentleman from Massachusetts Mrs. Blute was a true pillar of her community. Her life revolved around Mr. Rondeno’s accident and subse- (Mr. LYNCH) that the House suspend quent death came as a complete shock the rules and pass the bill, H.R. 3951. helping others, especially children. She to those whom he loyally and lovingly The question was taken. once told her son Joseph that all she served for and with during the past 37 The SPEAKER pro tempore. In the ever wanted to be was a mother. Along with her husband, Dr. Robert Blute, years. The merchants and community opinion of the Chair, two-thirds being Sr., she did just that, raising 11 won- members whom Mr. Rondeno served es- in the affirmative, the ayes have it. derful children, including former Con- tablished a donation fund in his honor Mr. CAO. Mr. Speaker, on that I de- gressman Peter Blute. and organized a block party to raise mand the yeas and nays. funds for his family. Shortly there- The yeas and nays were ordered. b 1315 after, the community members and The SPEAKER pro tempore. Pursu- Over the years, she took great pride Louisiana district postal employees ant to clause 8 of rule XX and the in watching her children, and later her asked that we dedicate this post office Chair’s prior announcement, further 23 grandchildren and four great-grand- in his honor. proceedings on this motion will be children, thrive and prosper. What According to the Times-Picayune, postponed. truly distinguished Mrs. Blute, how- those whom Mr. Rondeno served said f ever, is that she was not only a mother they formed a ‘‘close bond’’ with Mr. to her own children, but she was also a Rondeno and described him as a ANN MARIE BLUTE POST OFFICE mother figure to so many of the chil- ‘‘happy man with a kind word for ev- Mr. LYNCH. Mr. Speaker, I move to dren she came in contact with through eryone and a dutiful postman who in- suspend the rules and pass the bill her volunteer work. troduced himself to new residents, (H.R. 4017) to designate the facility of Mrs. Blute had a deep and unwaver- never delivered junk mail addressed to the United States Postal Service lo- ing passion for social justice and com- previous tenants, and would stand out- cated at 43 Maple Avenue in Shrews- mitted herself to helping the sick and side in pouring rain to deliver even the bury, Massachusetts, as the ‘‘Ann the poor. The diversity of Mrs. Blute’s smallest package.’’ Marie Blute Post Office’’. community work is truly impressive. As one constituent, Susan Hereford, The Clerk read the title of the bill. She volunteered with the Nazareth expressed to the Times-Picayune re- The text of the bill is as follows: Home for Boys, which provides stable garding Mr. Rondeno’s service to and housing and a nurturing environment H.R. 4017 passion for those whom he served: ‘‘To for young boys in difficult times. She have that constancy with someone who Be it enacted by the Senate and House of Rep- also worked with the Mustard Seed, a doesn’t just have his head down and resentatives of the United States of America in Congress assembled, volunteer soup kitchen that offers hot drop mail in your box, he connected meals to the homeless. A devout SECTION 1. ANN MARIE BLUTE POST OFFICE. with everyone on his route. And they Roman Catholic, she was especially ac- (a) DESIGNATION.—The facility of the connected with him.’’ United States Postal Service located at 43 tive in St. Mary’s Church in Shrews- To those whom he served, Mr. Maple Avenue in Shrewsbury, Massachu- bury where she served on the Women’s Rondeno was a great letter carrier, setts, shall be known and designated as the Guild and as a catechism teacher and a civil servant, New Orleanian, Amer- ‘‘Ann Marie Blute Post Office’’. Eucharistic minister. ican, veteran, and friend. To those he (b) REFERENCES.—Any reference in a law, One of Mrs. Blute’s proudest mo- leaves behind, he was a loyal and lov- map, regulation, document, paper, or other ments came in 1994, when Cardinal ing husband, father, brother, uncle, and record of the United States to the facility re- John J. O’Connor called her to St. Pat- friend. I am proud of his service to the ferred to in subsection (a) shall be deemed to rick’s Cathedral in New York City to postal service, the United States Mili- be a reference to the ‘‘Ann Marie Blute Post Office’’. receive the title of Dame of Malta. tary, and the citizens of New Orleans, This is one of the highest honors be- and I am proud to dedicate this post of- The SPEAKER pro tempore. Pursu- stowed by the Catholic church and is fice in his honor. ant to the rule, the gentleman from given to those individuals who dem- As another constituent, Mary Nass, Massachusetts (Mr. LYNCH) and the onstrate an intense devotion to service. said to the Times-Picayune: ‘‘The out- gentleman from Louisiana (Mr. CAO) I can think of no one more deserving of pouring of grief on the part of hundreds each will control 20 minutes. this prestigious honor than Mrs. Blute. of people following Roy’s death should The Chair recognizes the gentleman Mr. Speaker, all too often we fail to teach us that we do not need to know from Massachusetts. adequately recognize one of the tough- others intimately to positively impact GENERAL LEAVE est yet most important jobs of all, their lives. Here was a kind, humble, Mr. LYNCH. Mr. Speaker, I ask unan- being a mother. Mrs. Blute exemplified and conscientious man who made each imous consent that all Members may all of the best qualities of a mother— and every person whose path he crossed have 5 legislative days within which to kindness, compassion, dedication, and feel a little happier, a little more con- revise and extend their remarks and hard work. She was kind enough to nected to the human race, after his add any extraneous materials. share herself not only with her own daily passing. No one could have left us The SPEAKER pro tempore. Is there children and family, but also with the a finer legacy.’’ objection to the request of the gen- entire Shrewsbury community. Hun- Mr. Rondeno was beloved by the com- tleman from Massachusetts? dreds of children in central Massachu- munity, his colleagues, and his wonder- There was no objection. setts are no doubt better off today be- ful family. And I can think of no great- Mr. LYNCH. Mr. Speaker, I yield 5 cause they had the privilege of know- er way to honor him than to dedicate minutes to the gentleman from Massa- ing Mrs. Blute. the Uptown post office located at 2000 chusetts (Mr. MCGOVERN), the chief We are all eternally grateful for her Louisiana Avenue in New Orleans, Lou- sponsor of this measure. service and her lasting kindness. The

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.049 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13575 world would be a better place with addition, I am proud to say that I am community organizations, some of more people like Ann Marie Blute. Mr. an original cosponsor of H.R. 4017, which have been mentioned, including Speaker, naming the Shrewsbury Post which enjoys the support of the entire the Nazareth Home for Boys in Leices- Office after Mrs. Blute is a permanent Massachusetts House delegation. ter, Massachusetts, and the Mustard reminder of her beautiful life and com- A beloved resident of the town of Seed homeless shelter in the city of mitment to service. I hope that it will Shrewsbury, Massachusetts, Mrs. Ann Worcester. also inspire others to take up the call Marie Blute passed away on May, 1, In addition, Mrs. Blute’s community of service that Mrs. Blute answered 2009 at the age of 83. While Mrs. Blute work included her service as a trustee with such passion. is no longer with us, she will forever be of the Shrewsbury Library, as well as Mr. Speaker, I urge all of my col- remembered for her dedication to her her membership in the Shrewsbury leagues to vote ‘‘yes’’ on H.R. 4017, and loving family as well as her genuine Garden Club, the Ladies Auxiliary of I thank the gentleman from Massachu- and longstanding commitment to pub- St. Vincent’s Hospital, and the Ladies setts, my colleague, Mr. LYNCH, for lic service. Auxiliary of the Massachusetts Med- yielding me the time. Born in the city of Boston on May 30, ical Society. Notably, Mrs. Blute also Mr. CAO. Mr. Speaker, I yield myself 1925, and as the oldest daughter of spent several years volunteering for such time as I may consume. eight children, Mrs. Blute quickly the non-profit organization, Aid to In- Mr. Speaker, I rise today in support learned how to help in raising a large carcerated Mothers. of H.R. 4017, which designates the and very busy family. In addition, Mrs. As so eloquently stated by her be- United States Postal Facility located Blute was also able to witness the loved husband, Robert, Mrs. Blute’s at 43 Maple Avenue in Shrewsbury, value of public service at a very early lifelong ambition was ‘‘to perform each Massachusetts, as the Ann Marie Blute age as her father, Colonel Paul Hines, a of the works of mercy—to feed the hun- Post Office. distinguished veteran of World War I, gry, to help the poor, to visit the pris- Ann Marie Blute was born on May 30, went on to serve in the Massachusetts oner, and give aid to the sick and the 1925 in Boston, Massachusetts. As the House of Representatives. As noted by stranger.’’ Mrs. Blute’s driving purpose oldest of eight, she helped raise her sib- the Boston Globe upon Mrs. Blute’s was evidenced time and time again lings, which would only help prepare passing, a commitment to public serv- through her many good deeds. Among her for raising 11 children of her own ice ‘‘ran in the genes’’ of the Blute them was the kindness and generosity one day. In 1947, she married Dr. Rob- family, as Mrs. Blute’s brother, Peter, that she displayed toward Lucy Hoang, ert Blute, Sr., an Army doctor, and served as chairman of the Boston city a Vietnamese immigrant who Mrs. sailed to Germany where they lived for council and her son, Peter, as has been Blute lovingly took into her home for 3 mentioned earlier by Mr. MCGOVERN, 2 years. After returning to the States, years. was elected to the United States Con- her husband began practicing medicine Mr. Speaker, the life of Mrs. Ann gress. in Worcester, Massachusetts, while she Marie Blute stands as a testament to After receiving her education in the public service. Her memory will un- raised her family and volunteered tire- Boston public school system, Mrs. lessly within the Catholic church. doubtedly live on through her husband, Blute accepted a position in the busi- Robert; their 11 children, 23 great A parishioner at St. Mary’s Church in ness office at the Boston Post news- Shrewsbury since 1954, Mrs. Blute grandchildren, four great-grand- paper where her mother, Margaret children, her four siblings, and the served on many committees as a moth- Galvin Hines, worked as a reporter. In er at the school. She taught catechism, countless friends and neighbors for 1947, however, Mrs. Blute left Boston whom Mrs. Blute’s dedication to com- worked with the Women’s Guild, and for the town of Bremerhaven, Ger- was a Eucharistic minister. In 1994, she munity service made the ultimate dif- many, after marrying Dr. Robert ference. It is my hope that we can pay received the ultimate honor for all of Blute, a doctor with the United States her service to the Shrewsbury commu- further tribute to Mrs. Blute’s remark- Army and Mrs. Blute’s beloved husband able legacy through the passage of this nity through the Catholic church with for the next 62 years. Together, Mr. and the title of Dame of Malta, one of the legislation to rename the Shrewsbury Mrs. Blute would go on to have 11 chil- post office in her honor. I urge my col- oldest Catholic religious orders dedi- dren—five sons and six daughters. leagues to join Mr. MCGOVERN, the cated to charitable service. Upon their return from Germany, the chief sponsor of this bill, in doing so Her generosity extended outside of Blute family settled in the town of her family and her neighbors. After her and supporting H.R. 4017. Shrewsbury, Massachusetts, where Mr. Speaker, I reserve the balance of children had left for college, Mrs. Blute Mrs. Blute embarked on her life’s work offered her home and her hospitality to my time. and journey as a mom, not only to her Mr. CAO. Mr. Speaker, I urge all young Vietnamese immigrant, Lucy own 11 children but also to the many Hoang, who was searching for a better Members to support the passage of H.R. neighborhood children that entered her 4017, and I would like to congratulate life. Ms. Hoang, now 44 years old and a life. In addition, Mrs. Blute’s arrival in chemical engineer, said of her host, Mr. MCGOVERN. Shrewsbury also marked the continu- Mr. Speaker, I yield back the balance ‘‘When I first came here, she was stand- ation of her lifelong dedication to serv- of my time. ing at the door waiting for me with ing others. A devout Roman Catholic Mr. LYNCH. Again, Mr. Speaker, in arms wide open. I felt shaky, but as I and devoted parishioner of St. Mary’s, closing, I urge Members on both sides came to her, she hugged me.’’ Ann as has been mentioned, Mrs. Blute ac- of the aisle to support Mr. MCGOVERN Marie Blute’s kindness knew no tively participated in a variety of in the sponsorship of this measure, bounds. church community programs and ac- H.R. 4017. Mrs. Blute sadly passed away at the tivities. Specifically, Mrs. Blute served Mr. Speaker, I yield back the balance age of 84. She is survived by her hus- on the Women’s Guild, taught cat- of my time. band, children, and large extended fam- echism, as Mr. CAO has mentioned, and The SPEAKER pro tempore. The ily. Please join me in supporting this became a Eucharistic minister. In addi- question is on the motion offered by bill in honor of Ann Marie Blute who tion, she was a founding member of the the gentleman from Massachusetts fervently served her community in Associates of the Sisters of Notre (Mr. LYNCH) that the House suspend Shrewsbury. Dame de Namur, based in Ipswich, Mas- the rules and pass the bill, H.R. 4017. Mr. Speaker, I reserve the balance of sachusetts. And in 1994, Mrs. Blute, as The question was taken. my time. Mr. MCGOVERN has mentioned, was The SPEAKER pro tempore. In the Mr. LYNCH. Mr. Speaker, as a proce- called to St. Patrick’s Cathedral in opinion of the Chair, two-thirds being dural matter, H.R. 4017 was introduced New York by Cardinal John O’Connor in the affirmative, the ayes have it. by my friend and colleague, Represent- to receive the title of Dame of Malta, Mr. LYNCH. Mr. Speaker, I object to ative JIM MCGOVERN, who we heard granted to those who demonstrate an the vote on the ground that a quorum from earlier, on November 4, 2009, and intense devotion to service and one of is not present and make the point of was favorably reported out of the the Catholic church’s highest honors. order that a quorum is not present. House Oversight Committee by unani- Moreover, Mrs. Blute also served as a The SPEAKER pro tempore. Pursu- mous consent on November 18, 2009. In dedicated board member of various ant to clause 8 of rule XX and the

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.052 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13576 CONGRESSIONAL RECORD — HOUSE December 8, 2009 Chair’s prior announcement, further ‘‘(3) the term ‘relocation expenses’ has the the bill we are considering on the floor proceedings on this motion will be meaning given such term under regulations today includes a straightforward but postponed. prescribed under section 5738, including relo- important amendment that recognizes The point of no quorum is considered cation expenses and relocation services de- the service and sacrifice of all Federal scribed in sections 5724a and 5724c, respec- withdrawn. tively.’’. law enforcement officers. The amend- f (b) CLERICAL AMENDMENT.—The analysis ment simply extends the authority in this legislation to the other agencies SPECIAL AGENT SAMUEL HICKS for chapter 57 of title 5, United States Code, is amended by inserting after the item relat- that employ Federal law enforcement FAMILIES OF FALLEN HEROES ing to section 5724c the following: officers. ACT ‘‘5724d. Transportation of dependents, re- This amendment has strong support Mr. LYNCH. Mr. Speaker, I move to mains, and effects of certain from the Federal law enforcement com- Federal employees.’’. suspend the rules and pass the bill munity. I should also note that the (H.R. 2711) to amend title 5, United The SPEAKER pro tempore. Pursu- costs associated with this bill remain States Code, to provide for the trans- ant to the rule, the gentleman from small as the number of Federal law en- portation of the dependents, remains, Massachusetts (Mr. LYNCH) and the forcement officers killed annually is and effects of certain Federal employ- gentleman from Louisiana (Mr. CAO) approximately 12 to 15 officers. We can ees who die while performing official each will control 20 minutes. and should assist each and every one of duties or as a result of the performance The Chair recognizes the gentleman these families by supporting this of official duties, as amended. from Massachusetts. amendment and this bill. Moreover, the The Clerk read the title of the bill. GENERAL LEAVE amendment also pays tribute to the The text of the bill is as follows: Mr. LYNCH. Mr. Speaker, I ask unan- memory and service of Special Agent H.R. 2711 imous consent that all Members may Samuel Hicks by renaming the legisla- Be it enacted by the Senate and House of Rep- have 5 legislative days within which to tion in his honor. Special Agent Hicks resentatives of the United States of America in revise and extend their remarks and was assigned to the Pittsburgh FBI of- Congress assembled, add any extraneous materials. fice and was shot fatally on November SECTION 1. SHORT TITLE. The SPEAKER pro tempore. Is there 19, 2008 at the age of 33 while executing This Act may be cited as the ‘‘Special objection to the request of the gen- a Federal search warrant associated Agent Samuel Hicks Families of Fallen He- tleman from Massachusetts? with a drug distribution ring. He is sur- roes Act’’. There was no objection. vived by his wife and their 2-year-old SEC. 2. TRANSPORTATION OF DEPENDENTS, RE- Mr. LYNCH. Mr. Speaker, I yield my- MAINS, AND EFFECTS OF CERTAIN son. FEDERAL EMPLOYEES. self such time as I may consume. Special Agent Hicks was a former po- (a) IN GENERAL.—Subchapter II of chapter Mr. Speaker, on behalf of the chair- lice officer with the Baltimore police 57 of title 5, United States Code, is amended man of the full Committee on Over- department. He and his family relo- by inserting after section 5724c the following: sight and Government Reform, Chair- cated to Pittsburgh when he became an ‘‘§ 5724d. Transportation of dependents, re- man TOWNS, and its members, I am FBI agent. Unfortunately, after the mains, and effects of certain Federal em- proud to present H.R. 2711, the Special loss of Special Agent Hicks, the Bureau ployees Agent Samuel Hicks Families of Fallen was unable to assist the Hicks family ‘‘(a) IN GENERAL.—Under regulations pre- Heroes Act, for consideration. in moving back to Baltimore because scribed under section 5738 and when the head This bipartisan legislation was intro- of statutory limitations. of the agency concerned (or a designee there- duced on June 4, 2009, by Representa- of) authorizes or approves, if a covered em- tive MIKE ROGERS of Michigan and sev- b 1330 ployee dies while performing official duties eral members of the Oversight Com- This legislation would correct this or as a result of the performance of, official mittee, including Chairman ED TOWNS duties, the agency may pay from Govern- problem and prevent future families ment funds— and Representatives BILL FOSTER, ELI- from suffering additional unnecessary ‘‘(1) the qualified expenses of the imme- JAH CUMMINGS, and BRIAN BILBRAY. In grief and hardship. I encourage all the diate family of the employee, if the place addition, this legislation was favorably Members to support Mr. ROGERS and where the family will reside following the reported out of the Oversight Com- his legislation. death of the employee is— mittee on September 10, 2009, by voice I reserve the balance of our time. ‘‘(A) different from the place where the vote. H.R. 2711 is a worthy and impor- Mr. CAO. Mr. Speaker, I yield as family resided at the time of the employee’s tant issue and I am pleased to be an much time as he may consume to my death; and ‘‘(B) within the United States; and original cosponsor of this bill. friend and colleague from the State of ‘‘(2) the expenses of preparing and trans- As reported by the Oversight Com- Michigan (Mr. ROGERS). porting the remains of the deceased to— mittee, the legislation would authorize Mr. ROGERS of Michigan. Mr. ‘‘(A) the place where the immediate family the FBI to pay the relocation and mov- Speaker, Mr. LYNCH and Mr. TOWNS, will reside following the death of the em- ing expenses for families of FBI agents thank you very, very much for your ployee; or who are killed in the line of duty. work in a bipartisan way on this very ‘‘(B) such other place, appropriate for in- Under current law, the FBI is only au- important piece of legislation. terment, as is determined by the agency thorized to pay these expenses if an Sometimes, with all of the big issues head (or designee). that we deal with, we do pause and pay ‘‘(b) QUALIFIED EXPENSES.—For purposes of FBI agent or an employee is killed this section, the term ‘qualified expenses’, as overseas, but cannot pay for relocation attention to issues that impact lives used with respect to a family changing its if the death occurs in the U.S. like some circumstances like no other. place of residence, means the moving ex- FBI employees and their families are And if you imagine the Federal law en- penses, transportation expenses, and reloca- moved routinely by the Bureau within forcement community—and I used to tion expenses of the family which are attrib- the United States to take on assign- serve proudly as an FBI agent and was utable to the change in place of residence. ments that further the mission of the proud to count myself as one of them— ‘‘(c) DEFINITIONS.—For purposes of this sec- agency and the security of the country. that every single day somebody suits tion— ‘‘(1) the term ‘covered employee’ means— While we wish this legislation was not up quietly, with a search warrant or an ‘‘(A) a law enforcement officer, as defined necessary, tragically there have been arrest warrant to serve it somewhere by section 8331 or 8401; and instances in the recent past where such in America. And we forget because ‘‘(B) any employee in or under the Federal authority was needed to support the they are exceptionally good at doing Bureau of Investigation who is not described families of agents or employees who what they do without getting hurt or in subparagraph (A); gave their lives. harmed, but it is incredibly dangerous ‘‘(2) the term ‘moving expenses’, as used Of course, untimely deaths in the work. They get drug dealers and they with respect to a family, includes the ex- Federal law enforcement community get child pornographers and they get penses of transporting, packing, crating, temporarily storing, draying, and unpacking are not limited to the FBI, and the Bu- bank executives committing bank the household goods and personal effects of reau is not the only Federal agency fraud. They get Mafia dons, and they such family, not in excess of 18,000 pounds that relocates its employees to better get terrorists of the hardest sort, and net weight; and protect the country. Recognizing this, they bring them to justice as a part of

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.054 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13577 defending the Constitution and the He is survived by his wife, Brooke, hope we don’t have to use the provi- communities of the United States of and his 3-year-old son, Noah. sions of this legislation too often, be- America. And for all that he has done, I think cause I think all of us mourn whenever And what this particular case exem- it’s so fitting that the committee one of our law enforcement officers is plified is that there was a glitch in the sought to name this bill after one harmed or killed. It’s a sad day. I’ve law, because we ask these Federal law agent. And in the Bureau, it’s never often said, and we’ve often heard the enforcement officers to move and up- anyone’s particular case. He didn’t own words, they are, indeed, our thin blue root from their communities. They that case. He didn’t own that incident, line. If you don’t think they’re the thin swear an oath to their country and but he was part of a bigger team. And blue line, you let something happen to their Constitution and to uphold the so, when you name this bill after an you and they don’t show up. law of the United States. And then we agent like this, it really sends great One of Special Agent Hicks’ col- ask them to leave their hometowns of, condolences to the family and respect leagues said of him, He was very say, Baltimore or New York or small to every officer that falls in the line of skilled in everything, encouraging, al- towns anywhere in America and take duty. His name may be on the bill, but ways had a positive attitude, and the their families with them to these new it is a gift to every family who risks first to step forward and volunteer for places to fight crime wherever they their lives every day in the service of anything. His colleague went on to say, find it. And this pointed out one very, this great Nation in the law enforce- He was just the kind of guy who was a very significant glitch is that if an offi- ment community. role model for other people in the acad- cer, a Federal law enforcement officer And I would, again, urge all of us to emy who maybe didn’t have experience was killed in the line of duty in the support this with vigor. or come from different backgrounds. United States, their families had no And I also want to thank the FBI Mr. Speaker, this is just one of many means, the Federal Government could Agents Association for their work and examples of how dangerous a job like not assist them in moving back home, diligence on this. The Department of being an FBI agent can be, but it is one the very place that they stood up and Justice has been very, very good to that so many take on every single day, said they would serve proudly with work with, and the FBI itself has given not wondering whether they will re- their loved one wherever that mission their time and commitment, once turn home to their families, return to would take them. again proving their commitment to the their neighborhoods. His sacrifice is al- Many, the FBI, specifically, makes it family of the FBI and the work that ways going to be remembered through very well known that you have no right they do. his family, colleagues, and hopefully to serve where you want. You will Again, I thank you all for the work through the passage of this legislation. serve at the needs of the FBI. And that you have done. I think his family On May 2, 2009, Special Agent Hicks’ other agencies serve in the same capac- would be humbled. I think the FBI name was added to the National Law ity, and their families suffer the same agents are humbled, and I think our Enforcement Officers Memorial here in sacrifice when we ask them to move. Federal law enforcement community is Washington, but that is simply not This is a small token, just a small humbled that we would pause in all of token of what we can do for those fami- enough. We must honor those who have lies who have sacrificed so much and the debate and remember their service made the ultimate sacrifice by taking lost their loved one while killed in the and sacrifice to the United States. care of their loved ones who have also Mr. LYNCH. Mr. Speaker, I thank line of duty. And it’s named after a made a tremendous sacrifice. the gentleman from Michigan for his Again, I commend Congressman ROG- very, very brave FBI agent who risked his life for his country serving a nar- kind words and articulate words. ERS of Michigan and the House Over- At this time, Mr. Speaker, I would cotics warrant in Pittsburgh. I mean, sight and Government Reform Com- like to yield to the gentleman from this is someone who had a strong his- mittee, Mr. LYNCH, especially those UMMINGS), who is also tory of public service. He was a teach- Maryland (Mr. C original cosponsors, of which I’m one, er. He was a Baltimore police officer. a driving force behind this bill, for 5 for the leadership with regard to this His FBI agent colleagues described minutes. legislation. With the passage of H.R. him as brave and courageous and the Mr. CUMMINGS. Mr. Speaker, I rise 2711, we can honor Special Agent Hicks anchor. When they were going through today in support of H.R. 2711, the Spe- and prevent future families from addi- their training at the FBI academy, cial Agent Samuel Hicks Families of tional heartache and hardship at a they said this is the guy that you Fallen Heroes Act. very, very difficult moment in their wanted to go in the door with. He’s the This legislation, as has been said, lives. guy that would anchor and teach them honors Pittsburgh FBI Special Agent I encourage all the Members to sup- how to safely get in and safely get out Samuel Hicks, who was shot and killed port this legislation. of homes in very dangerous situations. while executing a Federal search war- Mr. CAO. Mr. Speaker, I yield myself And the agents and all that were inter- rant on November 19, 2008. Before join- as much time as I may consume. viewed were certainly, by press reports, ing the FBI, Special Agent Hicks was a When we passed this bill out of the tearing up and reliving the memories teacher and a city police officer in my Oversight Committee on September 9, of what was a great American who was hometown and the Congressional dis- this bill only applied to FBI officers absolutely committed to the ideals of trict I represent in Baltimore, Mary- who died in the performance of official the FBI: fidelity and bravery and integ- land. When arrangements were made duties. After working with our Demo- rity. And in that pursuit, in his pursuit for Special Agent Hicks to return to cratic colleagues, this bill, as amended, to live up to the standards of the FBI, his final resting place in Baltimore, would authorize the employing agency he risked and ultimately gave his life moving expenses for his family to relo- of any Federal law enforcement officer for his community and his country. cate were not covered. who dies in the performance of his or So what this bill does, with the help This legislation would provide funds her duties as defined under title 5, sec- of Mr. LYNCH and Mr. TOWNS and so for the moving, transportation, and re- tion 5541, to pay the moving, transpor- many others, Mr. CAO—thank you—is location expenses attributed to a tation, and relocation expenses due to it says that we will respect what you change of residence within the United a change of residence within the United have given your country, and we will States of the immediate family of an States of the immediate family of the help those families move back to where FBI employee who dies in the perform- officer. It would also authorize the em- they call home in that final, final rest ance of official duties. It also covers ploying agency to cover the expenses of and trip in remembrance of someone the expenses of preparing and trans- preparing and transporting the remains who did something so great for their porting the remains of the deceased to of the deceased to the place where the country. the place where the family will reside family will reside following the em- His peers also described him, Mr. following the employee’s death. ployee’s death. Speaker, as a humble and giving man, I must commend Mr. ROGERS for this Federal law enforcement officers are an outstanding FBI agent, somebody legislation. I think it’s very much due. often asked to relocate to new areas all whose dream job was to wear and carry As I was reading over the legislation, I across the country and the world, and, the badge of a special agent of the FBI. could not help but think to myself, I frequently, these officers bring their

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.056 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13578 CONGRESSIONAL RECORD — HOUSE December 8, 2009 families with them to these new areas. Whereas the Grand Concourse is registered First conceived of in 1890 as a means In the case of Federal law enforcement as a National Historic Place; of connecting the borough of Manhat- officers who die in the performance of Whereas the Grand Concourse has been tan to the northern Bronx, the Grand official duties, the family is often left designated as a special preservation district Concourse was designed by Louis Aloys by the City of New York; stranded, with no means to return to Whereas the Grand Concourse is known as Risse and opened to the public in 1909. an area they call home. Caring for the the Champs Elyse´es of the Bronx; The project was originally completed families of these heroes who have died Whereas the Grand Concourse is the cen- for a total cost of $14 million, the while serving this Nation is a priority tral north-south artery of the Bronx; equivalent of $340 million today. for Congress, and the costs of H.R. 2711 Whereas the Concourse serves the 4, 5, B, Over the past 100 years, the Grand are relatively insignificant. and D subway lines as well as several bus Concourse has served as the backdrop Mr. Speaker, I support this measure routes and is a major transportation route in to many historic New York City land- and I urge all Members to support the New York City; Whereas the $18,000,000 that was provided marks, while the apartment buildings passage of H.R. 2711. for the Grand Concourse in January 2006 led along the roadway have been home to I yield back the balance of my time. to improving the streetscape and creating the likes of Babe Ruth, Stanley Mr. LYNCH. Mr. Speaker, in closing, better access for pedestrians; Kubrick, Milton Berle, and other fa- I want to thank Mr. CAO and Mr. ROG- Whereas the Bronx Museum of the Arts is mous New Yorkers. ERS, the gentleman from Michigan, as celebrating the roadway in its exhibition, Among the many landmarks along well as the gentleman from Maryland ‘‘Intersections: The Grand Concourse at 100’’; the Grand Concourse is the Loew’s Par- (Mr. CUMMINGS), and one other driving Whereas the Grand Concourse has seen the adise Theater, which was constructed force behind this, our own chairman, arrival of countless new immigrants as well as people arriving from other parts of the in 1929 and was at one time the largest ED TOWNS, for supporting this measure, country, including Puerto Rico, and has been movie theater in New York City. The H.R. 2711, as it really provides Federal their launching point for the valuable con- old Yankee Stadium opened near the law enforcement agencies with the nec- tributions that they have made; Grand Concourse at 161st Street in 1923 essary authority to support these fami- Whereas the people of the Bronx enjoy and has served as an important center- lies in their greatest time of need. spending time on the beautiful parks adjoin- piece for the Bronx and the city of New I yield back the balance of our time. ing the Grand Concourse, making it a center York ever since. for socializing and recreating; The SPEAKER pro tempore. The In the course of over 100 years, the question is on the motion offered by Whereas the Grand Concourse has fulfilled and exceeded its planners’ intentions over a Grand Concourse has played a long- the gentleman from Massachusetts series of generations, occupying a central standing role in defining the Bronx (Mr. LYNCH) that the House suspend place in the hearts and minds of Bronxites community, serving as the central the rules and pass the bill, H.R. 2711, as past and present; and north-south artery of the borough. amended. Whereas the Grand Concourse since its in- Covering over 4 miles in length, it is The question was taken; and (two- ception has been an integral part of the cul- lined with parks, fountains, and other thirds being in the affirmative) the tural life and economic development of the pedestrian-friendly community assets rules were suspended and the bill, as Bronx: Now, therefore, be it Resolved, That the House of Representa- that add aesthetic, cultural, and trans- amended, was passed. tives— portation value to the borough. A motion to reconsider was laid on (1) recognizes the Grand Concourse on its Recently, $18 million was invested in the table. 100th anniversary as the preeminent thor- the infrastructure of the Grand Con- f oughfare in the borough of the Bronx and an course to make it more pedestrian important nexus of commerce and culture friendly and restore the roadway’s b 1345 for the City of New York; and (2) directs the Clerk of the House of Rep- beauty that has made it vital to the RECOGNIZING 100TH ANNIVERSARY resentatives to transmit a copy of this reso- cultural and economic development of OF THE GRAND CONCOURSE lution to The Bronx County Historical Soci- the Bronx for 100 years. Mr. LARSEN of Washington. Mr. ety located at 3309 Bainbridge Avenue, The So, Mr. Speaker, in honor of this his- Speaker, I move to suspend the rules Bronx, NY 10467, for appropriate display. toric landmark and its contributions to and agree to the resolution (H. Res. The SPEAKER pro tempore. Pursu- both the city of New York and the bor- 907) recognizing the Grand Concourse ant to the rule, the gentleman from ough of the Bronx over the past cen- on its 100th anniversary as the pre- Washington (Mr. LARSEN) and the gen- tury, I urge my colleagues to join me eminent thoroughfare in the borough tleman from Tennessee (Mr. DUNCAN) in supporting House Resolution 907. of the Bronx and an important nexus of each will control 20 minutes. I reserve the balance of my time. The Chair recognizes the gentleman commerce and culture for the City of Mr. DUNCAN. Mr. Speaker, I yield from Washington. New York. myself such time as I may consume. GENERAL LEAVE The Clerk read the title of the resolu- Mr. Speaker, as the ranking minority Mr. LARSEN of Washington. Mr. tion. member on the Highways and Transit Speaker, I ask unanimous consent that The text of the resolution is as fol- Subcommittee, I have been asked to all Members have 5 legislative days lows: speak on this resolution, and I rise in within which to revise and extend their support of House Resolution 907, a reso- H. RES. 907 remarks and to include extraneous ma- Whereas the Grand Concourse was designed lution—as the gentleman from Wash- terial on House Resolution 907. ington State just described—a resolu- by engineer Louis Aloys Risse beginning in The SPEAKER pro tempore. Is there tion recognizing the Grand Concourse 1894; objection to the request of the gen- on its 100th anniversary as the pre- Whereas the Grand Concourse opened in tleman from Washington? 1909; There was no objection. eminent thoroughfare in the borough Whereas the 4-mile thoroughfare stretches Mr. LARSEN of Washington. Mr. of the Bronx and an important nexus of from 138th Street to Van Cortland Park in Speaker, I yield myself such time as I commerce and culture in the city of the Bronx; New York. Whereas Edgar Allan Poe wrote the poem may consume. ‘‘Annabel Lee’’ in his Bronx cottage which Mr. Speaker, I rise today in support The Grand Concourse is a rare blend now stands on the Grand Concourse; of House Resolution 907, a resolution of history, culture, and infrastructure Whereas Babe Ruth, Stanley Kubrick, Mil- recognizing the Grand Concourse on its that has accommodated the likes of ton Berle, Penny and Garry Marshall, and 100th anniversary as the preeminent Babe Ruth, Stanley Kubrick, and E.L. Doctorow all at one time made their thoroughfare in the borough of the Edgar Allan Poe. The Grand Concourse homes on the Grand Concourse; Bronx and as an important nexus of also plays host to the iconic Yankee Whereas the Grand Concourse hosts such commerce and culture for the city of Stadium, Loew’s Paradise Theater, and New York landmarks as Yankee Stadium, the Concourse Plaza Hotel. Few roads Loews Paradise Theater, and the Concourse New York. I commend the gentleman Plaza Hotel; from New York (Mr. SERRANO) for his in our Nation’s history have reflected Whereas the Grand Concourse has the larg- work on this resolution to honor a his- the personality of the local culture bet- est collection of Art Deco and Art Moderne toric roadway in advance of this mile- ter than the Grand Concourse has done buildings in the United States; stone. for the Bronx.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.057 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13579 Mr. Speaker, I urge all of my col- What’s interesting about the Grand Mr. Speaker, it is for these great contribu- leagues to support this very timely and Concourse, I believe, is that it mirrors tions to the City of New York and to the Bor- appropriate resolution. so much of what New York City is and ough of the Bronx over the past 100 years I reserve the balance of my time. what this country is. Because as you that I urge my colleagues to join me in sup- Mr. LARSEN of Washington. Mr. travel the Concourse not only phys- porting H. Res. 907. Speaker, I would now like to recognize ically but through its history, you see Mr. ENGEL. Mr. Speaker, I rise today to for as much time as he may consume the different groups of people who recognize the 100th anniversary of the Grand the gentleman from New York (Mr. came to New York, who came to the Concourse. As a proud, lifelong resident of the SERRANO), the sponsor of the resolu- Bronx, who settled on the Concourse, Bronx, I am pleased to co-sponsor H. Res. tion. as we called it, and became part of 907 recognizing the Grand Concourse as one Mr. SERRANO. I thank the gen- America. of the most important and historic commerce tleman for the time, and I thank both And so as we see people enjoying the and cultural centers of New York City. him and the ranking member for the park and enjoying and socializing on The Grand Concourse is both the backbone support. the Concourse, we see the different and the heart of the Bronx. Each and every Too often we take for granted those groups that have arrived from through- day, thousands of Bronxites travel up and places where we live in terms of the out the world and from my birthplace down the concourse, connecting our borough landmarks that are around us, and this of Puerto Rico. from the north and south of the borough. It is a celebration of a roadway that—it The Grand Concourse has, for them, unifies the Bronx and enables people to inter- was stated before—it was set up or fulfilled and exceeded its planners’ in- act and frequent the scores of businesses and thought of originally to link the bor- tentions over a series of generations— cultural landmarks which run up and down the ough of Manhattan to the Bronx, but it occupying a central place in the hearts highway. became much more than that. It be- and minds of Bronxites past and I grew up only four blocks from the Grand came a cultural icon. It became part of present. Concourse, and I have very fond memories of a community. And as the city grew and So I have come here today in support those days and the time spent along the thor- up to today, in its 100th anniversary, it of this resolution. I would hope every- oughfare. So much of my life, and the lives of has become grander year by year. one votes for it. I thank the com- my constituents, are tied to the Grand Con- We are now celebrating 100 years of mittee, the chairman, and the ranking course and I would not trade one moment of the Grand Concourse, and this, as said, member for their support. it for anything. As a child I watched films at was designed by a French immigrant in Mr. OBERSTAR. Mr. Speaker, I rise today the Loews Theater, I’ve attended numerous 1894, and when it opened in 1909, it was in support of H. Res. 907, recognizing the games at Yankee Stadium, and driven north something spectacular that had not Grand Concourse on its 100th anniversary as along the Grand Concourse to visit Van been seen before. Those of you who the preeminent thoroughfare in the borough of Cortlandt Park. have come on many occasions, I’m the Bronx, which serves as an important I look forward to the start of the next 100 sure—and hopefully in the future—to nexus of commerce and culture for the City of years in the life of the Grand Concourse, and visit the Bronx and to visit Yankee New York. I commend the gentleman from Mr. Speaker, I encourage my colleagues to Stadium will know that the Grand New York (Mr. SERRANO) for his work on this come to the Bronx and do the same. Concourse, that 4-mile thoroughfare Resolution. Designed by Louis Aloys Risse Mr. DUNCAN. Mr. Speaker, I urge that stretches from 138th Street to Van and opened to the public in 1909, this beau- support of this resolution, and I yield Cortland in my borough, the Bronx, is tiful, tree-lined thoroughfare was first con- back the balance of my time. really majestic in form and so full of ceived of in 1890 as a means of connecting Mr. LARSEN of Washington. Mr. history. the borough of Manhattan to the northern Speaker, we have no further speakers, The Grand Concourse has the largest Bronx. and as a result, I yield back the bal- collection of Art Deco buildings in the The original cost of the project was $14 mil- ance of our time. United States, and those Art Deco lion, the equivalent of $340 million today. Over The SPEAKER pro tempore. The buildings are those that you walk into the past 100 years, this investment has lever- question is on the motion offered by and the lobbies are so special with the aged significant private and public economic the gentleman from Washington (Mr. artwork and the murals that were development activity in the Bronx, and has LARSEN) that the House suspend the painted, especially during World War II served as the backdrop to many historic New rules and agree to the resolution, H. and in the late 1930s. Those buildings York City landmarks. Among these landmarks Res. 907. are now part of the National Registry. is the Loews Paradise Theater—at one time The question was taken. In accordance, the Grand Concourse the largest movie theater in New York City— The SPEAKER pro tempore. In the itself has been designated and reg- which was constructed in 1929 along the opinion of the Chair, two-thirds being istered as a National Historic Place Grand Concourse. In 1923, the old Yankee in the affirmative, the ayes have it. and has also been designated as a spe- Stadium opened near the Grand Concourse at Mr. LARSEN of Washington. Mr. cial preservation district by the city of 161st Street and has remained an important Speaker, on that I demand the yeas New York. landmark in the surrounding Bronx community and nays. And as was mentioned before, if you ever since. The yeas and nays were ordered. go to the Grand Concourse you will see Over the course of its 100 years, the Grand The SPEAKER pro tempore. Pursu- the cottage known as Poe Cottage Concourse has played a longstanding role in ant to clause 8 of rule XX and the where Edgar Allan Poe wrote the poem defining the Bronx community, serving as the Chair’s prior announcement, further ‘‘Annabel Lee,’’ and that is still stand- central north-south artery of the borough. For proceedings on this motion will be ing there. over 4 miles, the Grand Concourse is lined by postponed. Many folks, as we mentioned today, several parks, fountains, and other pedestrian- have lived on the Grand Concourse. Of friendly community treasures. The apartment f course I live on the Grand Concourse, buildings along the Grand Concourse have and I certainly did not have the kind of been home to the likes of Babe Ruth, Stanley EXTENSION OF AUTHORITY TO EX- year that Babe Ruth had in 1927, but Kubrick, Milton Berle and other famous New PEDITE THE PROCESSING OF I’ve had a pretty good year in this past Yorkers over the years. PERMITS year. Reflecting much of the tumultuous history of Mr. LARSEN of Washington. Mr. This Congress saw fit a couple years the Bronx itself, the Grand Concourse is pre- Speaker, I move to suspend the rules ago to designate $18 million that was paring for the rebirth and restoration of key so- and pass the bill (H.R. 4165) to extend used to renovate parts of the Grand cial, economic and environmental infrastruc- through December 31, 2010, the author- Concourse and its infrastructure. That ture. Recently, $18 million was committed to ity of the Secretary of the Army to ac- was in January of 2006. And now as part upgrading the Grand Concourse to make it cept and expend funds contributed by of that celebration, the Bronx Museum more pedestrian-friendly and to restore the non-Federal public entities to expedite of the Arts is celebrating the roadway roadway’s beauty that has made it vital to the the processing of permits. in its exhibition ‘‘Intersections: The cultural and economic development of the The Clerk read the title of the bill. Grand Concourse at 100.’’ Bronx for 100 years. The text of the bill is as follows:

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.063 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13580 CONGRESSIONAL RECORD — HOUSE December 8, 2009 H.R. 4165 in the country with the second-highest BOOZMAN, for yielding me time; and I Be it enacted by the Senate and House of Rep- commerce and trade demands of any rise today to express my disappoint- resentatives of the United States of America in region in the country, section 214 has ment that we are only considering a 1- Congress assembled, become key to overcoming permitting year extension of the section 214 lan- SECTION 1. FUNDING TO PROCESS PERMITS. delays and other challenges. guage. Section 214(c) of the Water Resources De- The authority granted by section 214 Section 214 of the Water Resources velopment Act of 2000 (33 U.S.C. 2201 note; 114 by the WRDA 2000 has worked well in Stat. 2594; 119 Stat. 2169; 120 Stat. 318; 120 Development Act of 2000 allows the Stat. 3197; 121 Stat. 1067) is amended by practice. This authority needs to be re- Secretary of the Army to accept and striking ‘‘2009’’ and inserting ‘‘2010’’. newed so the additional staff can re- expend funds contributed by non-Fed- The SPEAKER pro tempore. Pursu- main on the job without interruption. eral public entities to expedite the ant to the rule, the gentleman from Therefore, I urge the House to pass processing of permits through the H.R. 4165. Washington (Mr. LARSEN) and the gen- Army Corps of Engineers. By funding With that, I reserve the balance of tleman from Arkansas (Mr. BOOZMAN) additional staff to work on permanent my time. each will control 20 minutes. evaluation, existing Corps staff are Mr. BOOZMAN. Mr. Speaker, I yield The Chair recognizes the gentleman able to process significant backlogs myself such time as I may consume. from Washington. more quickly. Hiring additional staff Mr. Speaker, I rise in qualified sup- results in a reduction of permit waiting GENERAL LEAVE port of H.R. 4165, to authorize an exten- Mr. LARSEN of Washington. Mr. times not only for the local funding en- sion of the Army Corps of Engineers’ tity, but also for any individual or or- Speaker, I ask unanimous consent that section 214 program. Section 214 of the all Members may have 5 legislative ganization that makes an application Water Resources Development Act of with the Corps district. days in which to revise and extend 2000 allows the Army Corps of Engi- their remarks and include extraneous In my district, the Harris County neers to accept and expand funds pro- Flood Control District has used section material on H.R. 4165. vided by non-Federal public entities to The SPEAKER pro tempore. Is there 214 for the past 6 months to move for- hire additional personnel to process objection to the request of the gen- ward with vital infrastructure and regulatory permits. tleman from Washington? maintenance projects that have mini- Mr. Speaker, I say I offer qualified mal environmental impact. According There was no objection. support for H.R. 4165 because while this Mr. LARSEN of Washington. Mr. to a letter they sent my office, Harris legislation is needed, my colleague Speaker, I yield myself such time as I County Flood Control District has ‘‘al- from Texas (Mr. OLSON) has offered a may consume. ready noticed a significant improve- Mr. Speaker, I rise today in support better piece of legislation. Mr. OLSON’s ment in the length of time it is taking of H.R. 4165. This bill would extend sec- legislation, H.R. 4162, will authorize a to receive our reviews and permits that tion 214 of the Water Resources Devel- permanent extension of the program— are required to proceed to construction opment Act of 2000 for another year not a 1-year temporary extension of- of our projects.’’ through December 31, 2010. Section 214 fered by H.R. 4165. The Congress has In the past 9 years, section 214 has is currently authorized through De- been forced to temporarily expand this been extended five times. Two of these cember 31, 2009. program five times since it was author- extensions were for less than 1 year. The section 214 program allows local ized by the Water Resources Develop- This program has been hamstrung by governments to fund additional U.S. ment Act in 2000, yet the Committee on short-term extensions that discourage Army Corps of Engineers staff time to Transportation and Infrastructure has both Corps districts and local public expedite the processing of permits for heard from Members on both sides of entities from participating. And today, infrastructure and ecosystem restora- the aisle supporting permanent exten- we again add to the uncertainty of this tion projects. Section 214 was enacted sion of the 214 program. program by extending it for 1 addi- I have heard no Member object to a by Congress because the Corps of Engi- tional year with no guarantee of con- permanent expansion of the section 214 neers’ permitting process had become tinuing it past that. cumbersome for both the Corps staff program. The Corps of Engineers now I sponsored legislation that would and applicants as the number of permit has adequate experience in running the make section 214 authority permanent applications rose. program, and recent Government Ac- and ensure non-Federal project spon- By funding additional specific staff countability Office observations concur sors have the ability to move forward to work on specific, time-intensive per- with this assessment. Yet here we are with vital water resources infrastruc- mits, existing Corps staff are able to again on the House floor moving a tem- ture projects and maintenance more ef- process significant current backlogs porary extension of an excellent pro- ficiently year after year. more quickly. Funding for additional gram. My bill is ready for consideration; Corps staff has resulted in a reduction Authority for this program expires but, instead, we are considering an- of permanent wait times not only for on December 31 of this calendar year. If other short-term extension. the funding entity, but also for any in- this program expires, the Corps will I will reluctantly support this 1-year dividual or organization seeking a per- have to fire some regulatory personnel, extension but hope that as we move mit. As a result, local governments are reducing its ability to process permits forward with the debate on the Water able to move forward with infrastruc- in a timely manner. Resources Development Act that we I want to thank Representative ture and ecosystem restoration can have a serious conversation about OLSON and Representative LARSEN for projects. making this provision permanent. Non- their efforts on this issue. I urge all Section 214 is currently being used by Federal project sponsors need to be Members to vote in favor of H.R. 4165, over 41 public agencies in 20 separate able to count on the longevity of sec- but I do wish that we were passing a Corps districts. The city of Seattle in tion 214 in order to make the most out permanent, or at least a long-term, ex- my home State of Washington was the of it. first public entity in the country to de- tension of the section 214 program Mr. LARSEN of Washington. Mr. velop and use this facilitated permit- today, not a temporary one. Speaker, I yield myself as much time I reserve the balance of my time. ting process. The city has used the sec- Mr. LARSEN of Washington. Mr. as I may consume. Mr. Speaker, in response to the gen- tion 214 program for 285 projects rep- Speaker, I reserve the balance of my tleman from Texas, I do want to say resenting over $1.1 billion in capital in- time. vestments. Seven years of using the Mr. BOOZMAN. Mr. Speaker, I yield I’m extremely sympathetic to his posi- program has resulted in an estimated to the gentleman from Texas (Mr. tion, and I fully, in fact, agree with the request that we make section 214 per- cost savings of $10.6 million. The aver- OLSON) whatever time he might con- age review time per project has been sume. manent. And I, along with many oth- reduced from over 808 days to an aver- ers, have asked for that consideration age of between 47–166 days. b 1400 within the context of the reauthoriza- In a region where we must balance Mr. OLSON. Mr. Speaker, I thank my tion of the Water Resources Develop- the most difficult environmental issues colleague from Arkansas, Congressman ment Act of 2010. I am hopeful we can

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.022 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13581 work in a bipartisan approach to work Mr. BOOZMAN. With that, I yield Mr. BOOZMAN. Mr. Speaker, I yield with the committee’s leadership to back the balance of my time. myself such time as I might consume. make Mr. OLSON’s, as well as many Mr. LARSEN of Washington. Mr. Mr. Speaker, I rise in support of H.R. others who made the same request, to Speaker, I urge everyone to support 1854, amending the Water Resources make that request a reality. H.R. 4165, and I yield back the balance Development Act of 1992 to modify a With that, Mr. Speaker, I reserve the of my time. project in the vicinity of Big Bear, balance of my time. The SPEAKER pro tempore. The California. Mr. BOOZMAN. Mr. Speaker, again, I question is on the motion offered by The Water Resources Development do support H.R. 4165 and urge my fellow the gentleman from Washington (Mr. Act of 2007 was enacted in November Members to vote for the bill. I appre- LARSEN) that the House suspend the 2007. Included in the bill is a project ciate Mr. LARSEN. I know that he has rules and pass the bill, H.R. 4165. that authorized assistance for the city worked hard on this in trying to bring The question was taken; and (two- of Big Bear, California. As authorized, the issue forward and provide a perma- thirds being in the affirmative) the the bill provided $15 million of assist- nent fix. rules were suspended and the bill was ance to the city to construct a waste- My hope is that in the reauthoriza- passed. water treatment facility. tion of WRDA that we can all, as was A motion to reconsider was laid on Since enactment, however, the city mentioned, work in a very bipartisan the table. has decided against constructing the way, because this is an entity that has f project and would instead use the au- worked very, very well. And I think all thority to upgrade its water supply dis- of us agree that it really is a success WATER RESOURCES DEVELOP- MENT ACT OF 1992 AMENDMENT tribution system at a lower cost than story. So hopefully we can work to- originally authorized. The new cost of gether, he and Mr. OLSON and our lead- Mr. LARSEN of Washington. Mr. the project is $9 million. ership on the committee, so that we Speaker, I move to suspend the rules This project is especially critical to can provide for a permanent fix of the and pass the bill (H.R. 1854) to amend this region of California which is typi- program, a permanent authorization, the Water Resources Development Act cally subjected to catastrophic and not have to go through this every of 1992 to modify an environmental in- wildfires. Upgrades to the water supply year. frastructure project for Big Bear Lake, in the vicinity of Big Bear would in- Mr. OBERSTAR. Mr. Speaker, I am pleased California. crease water pressure at peak demand to support H.R. 4165, a bill to extend authority The Clerk read the title of the bill. periods and improve water quality. of the Secretary of the Army to accept funds The text of the bill is as follows: It’s not often that a Member of Con- from non-Federal public entities for the consid- H.R. 1854 gress asks us to cut authorized levels eration of permits under the Clean Water Act Be it enacted by the Senate and House of of funding for their congressional dis- and the Rivers and Harbor Act of 1899. Representatives of the United States of trict. This bill is an act of good govern- This language is modeled after language in- America in Congress assembled, ance and truth-in-budgeting. cluded in the Water Resources Development SECTION 1. BIG BEAR LAKE, CALIFORNIA I want to thank Representative Act of 2007 that included a short-term exten- Section 219(f)(84) of the Water Resources LEWIS for his leadership on this issue sion of the U.S. Army Corps of Engineers, Development Act of 1992 (121 Stat. 1259) is and urge all Members to vote in favor corps, section 214 permit review authority. amended to read as follows: of H.R. 1854. That authority expires at the end of the current ‘‘(84) BIG BEAR LAKE, CALIFORNIA.— $9,000,000 for water supply infrastructure im- Mr. LEWIS of California. Madam Speaker, I calendar year, and this legislation will continue provements for Big Bear Lake, California.’’. rise in support of H.R. 1854. the program through the end of December This bill will revise a previously authorized 2010. The SPEAKER pro tempore. Pursu- I have been carefully monitoring the imple- ant to the rule, the gentleman from project to allow the mountain community of mentation of this authority. While this authority Washington (Mr. LARSEN) and the gen- Big Bear, which is located in the 41st Con- is very popular for the local public entities that tleman from Arkansas (Mr. BOOZMAN) gressional District, to move forward with the have used it, we need to ensure that this au- each will control 20 minutes. Army Corps of Engineers to begin replace- thority does not affect the objectivity of the The Chair recognizes the gentleman ment of an aging water infrastructure. The bill regulator. from Washington. reduces the authorized amount of the project In May 2007, the Government Accountability GENERAL LEAVE by $3 million. Office, GAO, issued a report, upon my re- Mr. LARSEN of Washington. Mr. The city of Big Bear Lake currently distrib- quest, which expressed concern with the over- Speaker, I ask unanimous consent that utes water through pipes that are over 70 all implementation of the section 214 authority. all Members may have 5 legislative years old and crumbling by the minute. This This report recommended several improve- days in which to revise and extend lack of integrity from the water infrastructure ments to increase the overall transparency their remarks and include extraneous has led to declining water quality, massive and impartiality of corps’ permit reviews con- material on H.R. 1854. water loss, and dangerously low flow levels ducted with outside funds. The SPEAKER pro tempore. Is there that do not meet firefighting standards. Earlier this year, I requested GAO to re- objection to the request of the gen- California is in the midst of a water crisis, evaluate whether these recommendations had tleman from Washington? and San Bernardino County has been granted been implemented by the corps. In November, There was no objection. Federal disaster status due to extreme the staff of the Subcommittee on Water Re- Mr. LARSEN of Washington. Mr. drought conditions. In a misguided effort to sources and Environment received a briefing Speaker, I ask the House to consider protect fish, the Federal Government has shut by GAO that suggested additional improve- H.R. 1854 to amend the Water Re- off pumps for the California Aqueduct, further ments to the program were still warranted. sources Development Act of 1992 to reducing water supplies for southern California As a track record of implementation devel- modify the environmental infrastruc- communities. Under these severe conditions, ops, the Committee on Transportation and In- ture project for Big Bear Lake, Cali- we cannot overlook any opportunity to con- frastructure, committee, will have an oppor- fornia. This bill provides technical cor- serve what water we have. This bill will pro- tunity to further review the implementation of rections to the Big Bear Lake project, vide immediate and measurable conservation. this authority, and ensure that the corps’ re- originally authorized in the Water Re- Equally dire, Big Bear is located within the view of permit applications is a fair and equi- sources Development Act of 2007. San Bernardino National Forest. Because of table process. H.R. 1854 changes the authorized pur- lack of consistent management in the past, the The committee will further consider this pose of the Big Bear Lake project from San Bernardino National Forest has become a issue next year during its development of the wastewater treatment to water supply powder keg for wildfire. We have made some Water Resource Development Act. However, infrastructure. In addition, the author- progress at reducing the threat through ag- because that process will take place after the ized funding level is reduced by $6 mil- gressive hazardous fuels removal, but the existing program authority expires, it is appro- lion to a $9 million authorized funding danger remains extreme. Replacing the water priate that we provide for an additional, short- level. We have no objections to this bill infrastructure will help protect the Big Bear term extension of the section 214 authority. as introduced. community and provide the U.S. Forest Serv- I urge my colleagues to join me in sup- With that, Mr. Speaker, I reserve the ice with another vital weapon in the event of porting H.R. 4165. balance of my time. catastrophic wildfire.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\K08DE7.067 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13582 CONGRESSIONAL RECORD — HOUSE December 8, 2009 As a side benefit, the increased pressure in The SPEAKER pro tempore (Mr. National Zoo and of the Smithsonian the pipes will also drastically reduce the power LARSEN of Washington). Pursuant to Institution. consumption currently needed to pump water the rule, the gentleman from Pennsyl- I want to thank Mr. BECERRA for throughout the system. It has been a priority vania (Mr. BRADY) and the gentleman bringing this forward. Accordingly, I of this Congress to implement policies that from Nebraska (Mr. TERRY) each will request that my colleagues on this side conserve resources and I believe this bill is control 20 minutes. of the aisle support this suspension. consistent with those goals. The Chair recognizes the gentleman Mr. Speaker, I just want to thank I urge a ‘‘yes’’ vote of H.R. 1854. from Pennsylvania. Mr. LUNGREN for his efforts on this Mr. OBERSTAR. Mr. Speaker, I rise in sup- GENERAL LEAVE measure, and I yield back the balance port of H.R. 1854, offered by the gentleman Mr. BRADY of Pennsylvania. Mr. of my time. Mr. BRADY of Pennsylvania. I would from California (Mr. LEWIS), to amend the Speaker, I ask unanimous consent that like to thank Mr. LUNGREN, too, for his Water Resources Development Act of 1992 to all Members have 5 legislative days to cooperation on this and for hurrying modify an environmental infrastructure project revise and extend their remarks on the over just a second or two late. for Big Bear Lake, California. The Big Bear consideration of H.R. 3224. Mr. OBERSTAR. Mr. Speaker, I rise in sup- Lake project was originally authorized in Water The SPEAKER pro tempore. Is there port of H.R. 3224, a bill to authorize the Board Resources Development Act of 2007 for the objection to the request of the gen- of Regents of the Smithsonian Institution to purpose of wastewater treatment at a funding tleman from Pennsylvania? level of $15 million. This bill modifies the Big There was no objection. plan, design and construct a vehicle mainte- Bear Lake Project, reducing the authorized Mr. BRADY of Pennsylvania. Mr. nance facility at the vehicle maintenance funding to $9 million and changing the project Speaker, H.R. 3224 would authorize $4 branch of the Smithsonian Institution located purpose to water supply infrastructure. million in fiscal year 2010 for the in Suitland, Maryland. Currently the bulk of the Smithsonian’s vehi- I urge my colleagues to join me in sup- Smithsonian Institution to plan, de- cle maintenance is conducted from the Na- porting H.R. 1854. sign and construct a vehicle mainte- tional Zoo’s General Services Building. The Mr. BOOZMAN. Mr. Speaker, having nance building at its facilities in Vehicle Maintenance Branch is responsible for no further speakers, I yield back the Suitland, Maryland. Our committee or- maintenance, repair, and fueling of more than balance of my time. dered the bill reported unanimously. 780 Smithsonian vehicles and pieces of equip- Mr. LARSEN of Washington. Mr. The new building would absorb the ment valued at over $17 million. However, the Speaker, I yield back the balance of vehicle maintenance functions for the vehicle maintenance operations over the years my time. entire Smithsonian complex in the have become incompatible with the other The SPEAKER pro tempore. The Washington area. These are currently needs of the General Services Building. After question is on the motion offered by performed in a constricted and increas- researching the potential of leasing a facility, the gentleman from Washington (Mr. ingly dysfunctional space at the Gen- the Smithsonian Institution determined the LARSEN) that the House suspend the eral Services Building within the Na- most economical method of housing its fleet rules and pass the bill, H.R. 1854. tional Zoo in northwest Washington, management and maintenance operations was The question was taken; and (two- D.C. thirds being in the affirmative) the The vehicle maintenance functions, to request authority to build a facility on gov- rules were suspended and the bill was which cover the maintenance, repair ernment-owned property located in Suitland, passed. and fueling of about 780 Smithsonian- Maryland. Transferring the vehicle maintenance oper- A motion to reconsider was laid on owned vehicles and pieces of equip- ations to a new site will increase the ability of the table. ment, are not compatible with the sur- the Smithsonian to use alternative fuels in its f rounding environment at the zoo and vehicles. The proposed site at Suitland cur- would be better served at the Suitland AUTHORIZATION FOR SMITHSO- rently has both a compressed natural gas fuel- facility, which has more space and is NIAN INSTITUTION TO CON- ing station and a gasoline fueling station. Fur- isolated from public access. The space STRUCT A VEHICLE MAINTE- thermore, the Smithsonian plans to install E– being vacated at the zoo would be con- NANCE BUILDING 85 and bio-diesel above-ground fuel tanks at verted to other uses. Mr. BRADY of Pennsylvania. Mr. the facility. The Zoo’s General Services Build- Speaker, I move to suspend the rules b 1415 ing does not have the space available to ac- and pass the bill (H.R. 3224) to author- The bill authorizes the planning, de- commodate these alternative fuel tanks. ize the Board of Regents of the Smith- sign and construction of this project, I urge my colleagues to join me in sup- sonian Institution to plan, design, and which would give the Committee on porting H.R. 3224. construct a vehicle maintenance build- House Administration primary juris- Mr. Speaker, I yield back the balance ing at the vehicle maintenance branch diction. The Committee on Transpor- of my time. The SPEAKER pro tempore. The of the Smithsonian Institution located tation and Infrastructure, which has an question is on the motion offered by in Suitland, Maryland, and for other additional referral, also reported this the gentleman from Pennsylvania (Mr. purposes. bill. The fiscal year 2010 Interior appro- BRADY) that the House suspend the The Clerk read the title of the bill. priations conference report, which has The text of the bill is as follows: rules and pass the bill, H.R. 3224. been enacted into law, contains the The question was taken; and (two- H.R. 3224 necessary funding for this bill, and I thirds being in the affirmative) the Be it enacted by the Senate and House of Rep- urge the approval of the legislation. rules were suspended and the bill was resentatives of the United States of America in I reserve the balance of my time. Congress assembled, passed. Mr. TERRY. I yield myself as much A motion to reconsider was laid on SECTION 1. VEHICLE MAINTENANCE BUILDING, time as I may consume. the table. SUITLAND, MARYLAND. Mr. Speaker, I rise in support of this (a) AUTHORITY TO PLAN, DESIGN, AND CON- bill, which will provide for the con- f STRUCT.—The Board of Regents of the Smith- sonian Institution is authorized to plan, de- struction of a vehicle maintenance FUNDING FOR CONTINUED TYPE 1 sign, and construct a vehicle maintenance branch at the National Zoo to benefit DIABETES RESEARCH building at the vehicle maintenance branch the zoo and larger Smithsonian Insti- Mrs. CAPPS. Mr. Speaker, I move to of the Smithsonian Institution located in tution operations. The course of action suspend the rules and agree to the reso- Suitland, Maryland. prescribed by this bill is the result of a lution (H. Res. 35) expressing the sense (b) PURPOSE OF BUILDING.—The purpose of careful analysis of alternatives, which of the House of Representatives that the building shall be to provide a facility to has demonstrated that the onsite con- be used for housing, maintaining, and repair- Congress should provide increased Fed- ing vehicles and transportation equipment of struction of a vehicle maintenance fa- eral funding for continued type 1 diabe- the Smithsonian Institution. cility would prove to be, roughly, 40 tes research. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. percent cheaper than developing an off- The Clerk read the title of the resolu- There is authorized to be appropriated to site facility. Additionally, this bill will tion. carry out this Act $4,000,000 for fiscal year provide for the better environmental The text of the resolution is as fol- 2010. stewardship in the operations of the lows:

VerDate Nov 24 2008 05:44 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.028 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13583 H. RES. 35 include extraneous materials into the chairman of our region. So it is with Whereas as many as 3,000,000 Americans RECORD. great pride that I am here in support suffer from type 1 diabetes, a chronic, geneti- The SPEAKER pro tempore. Is there and that I encourage my colleagues to cally determined, debilitating disease affect- objection to the request of the gentle- support H. Res. 35. ing every organ system; woman from California? I want to recognize the 23.6 million Whereas more than 15,000 children each There was no objection. Americans who suffer from diabetes. year are diagnosed with type 1 diabetes, a disease caused by an autoimmune attack Mrs. CAPPS. I yield myself such time Diabetes can lead to serious complica- that destroys the insulin-producing beta as I may consume. tions and premature death, but people cells of the pancreas; Mr. Speaker, I rise today in support with diabetes can take steps to control Whereas diabetes is one of the most costly of House Resolution 35, expressing the the disease and to lower their risks of chronic diseases, costing the United States sense of the House that Congress complications. economy more than $174,000,000,000 and cost- should provide increased Federal re- The Centers for Disease Control has ing individuals with diabetes an average of search funding for type 1 diabetes. Dia- stated that the progression of diabetes $13,000 in annual health care costs, compared betes is one of the most prevalent and among those with prediabetes is not in- to $2,600 for individuals without diabetes; evitable, and studies have shown that Whereas insulin treats but does not cure costly chronic conditions in the United this potentially deadly disease and does not States today. people with prediabetes who lose prevent the complications of diabetes, which According to the Centers for Disease weight and who increase their physical include blindness, heart attack, kidney fail- Control and Prevention, nearly 24 mil- activity can prevent or delay diabetes ure, stroke, nerve damage, and amputations; lion Americans—that’s roughly 8 per- and can return their blood pressure to Whereas the National Institutes of Health cent of the United States population— near normal. Through regular exercise has established 6 goal areas to guide type 1 have diabetes. Direct and indirect costs and a steady diet, Americans can re- diabetes research focused on the reduction, of diabetes totaled $174 billion in 2007, turn to a healthier state of living and prevention, and cure of type 1 diabetes and can avoid diabetes. its complications; $120 billion of which were direct med- ical costs attributable to diabetes. Because diabetes affects individuals Whereas Federal funding has enabled re- in different ways, it is important that search focused on determining the under- Three million Americans have type 1 lying genetic and environmental causes of diabetes, which results when the body’s we educate our communities about the diabetes and testing of promising new treat- immune system destroys insulin-pro- causes and about effective ways to ments to halt and reverse the autoimmune ducing cells in the pancreas that regu- avoid diabetes through living a healthy attack causing type 1 diabetes; late blood glucose levels. Individuals lifestyle. Additionally, we must con- Whereas a cure for type 1 diabetes will re- with type 1 diabetes depend on insulin, tinue to research the causes, treat- quire restoring beta cell function either by but even with adherence to insulin ment, education, and eventual cure for replacement with transplantation or by beta diabetes through public and private cell regeneration; treatment, individuals with type 1 dia- betes are still very vulnerable to the partnerships. Whereas the development of a ‘‘closed- I do believe that the 1,000-page health loop’’ artificial pancreas would greatly al- many complications that this disease reform bill, which was rushed through leviate the daily burden of disease manage- offers, which are blindness, kidney fail- the House of Representatives by the ment for type 1 diabetes patients by continu- ure, and amputation. other side of the aisle to establish a ously monitoring blood sugar levels, infusing As a school nurse, I became inti- government takeover of health care, insulin as necessary when blood glucose lev- mately aware of the challenges faced els become too high, and warning patients will negatively impact those with dia- by children with type 1 diabetes and of when blood glucose levels become dan- betes and will severely curtail our abil- the impact it has on their families and gerously low; ity to find a cure. I fail to see how a on their classmates as well. During the Whereas continued progress toward a cure massive government takeover of our years I cared for those students, we dis- for type 1 diabetes depends on training the health care system and how the cre- next generation of diabetes researchers; cussed the potential for a cure by now. Whereas a strong public-private partner- ation of scores of new bureaucracies Unfortunately, we still have a ways to will revitalize our economy or will give ship to fund type 1 diabetes exists between go. the Federal Government and the Juvenile Americans better care. The Federal funding of diabetes re- Instead, the House Tri-Committee Diabetes Research Foundation International, search has resulted in tremendous ad- a foundation which has awarded more than bill would ration health care like it is $1,000,000,000 for diabetes research since its vancements for our understanding and done in the U.K. and Canada. This ra- founding and in fiscal year 2008 provided our treatment of the disease. We have tioning of health care will not be bet- more than $156,000,000 for diabetes research successfully determined underlying ge- ter for the patients. It will lead to in 20 countries; netic and environmental causes of dia- many diabetics in need of dialysis and Whereas Congress has provided $150,000,000 betes, and we are testing and promising care who will be turned away or who annually through fiscal year 2011 for the Spe- new treatments, but there is still much cial Statutory Funding Program for type 1 will have longer wait times when they more work to be done. need access to physicians. Diabetes Research; The National Institutes of Health de- Whereas the National Institutes of Health In addition to nearly a $1 trillion devoted a total of $433,000,000 in fiscal year voted $433 million in fiscal year 2009 for health reform bill which was pushed on 2009 for type 1 diabetes research; and type 1 diabetes research. This resolu- the American public, the recent stim- Whereas leading type 1 diabetes research- tion calls for a doubling of annual NIH ulus legislation provided an extra $10 ers have recommended a total funding level funding to meet leading researchers’ billion of funding to the NIH for the ad- of $4,100,000,000 for fiscal years 2009 through estimates of the funding needed to ac- vancement of scientific research. Un- 2013 in order to meet the National Institutes complish NIH’s six goals related to fortunately, long-held processes on the of Health’s type 1 research goals: Now, there- type 1 diabetes. fore, be it length and structure of trials have Resolved, That Federal funding for diabetes Mr. Speaker, I am pleased to join my been ignored in order to spend the research should be increased to meet the Na- colleagues in calling for the passage of funds as quickly as possible and in as tional Institutes of Health’s goals so that a this resolution and of increased re- many Congressional districts as pos- cure for type 1 diabetes can be found. search funding to find a cure for type 1 sible. The SPEAKER pro tempore. Pursu- diabetes. I want to thank my colleague Instead of rushing to spend billions of ant to the rule, the gentlewoman from on the Energy and Commerce Com- dollars for a political photo op, it California (Mrs. CAPPS) and the gen- mittee, Congressman GENE GREEN, for would have been more responsible, both tleman from Nebraska (Mr. TERRY) his leadership on this important issue. scientifically and fiscally, to continue each will control 20 minutes. I reserve the balance of my time. to have the NIH determine what trials’ The Chair recognizes the gentle- Mr. TERRY. I yield myself as much processes deserve the most merit. If we woman from California. time as I may consume. hadn’t rushed to spend in the name of GENERAL LEAVE Mr. Speaker, as a member of the Dia- ‘‘stimulus,’’ I believe that some of the Mrs. CAPPS. Mr. Speaker, I ask betes Caucus and throughout most of $10 billion could have been used for re- unanimous consent that all Members the 1990s, I was a member of our re- search into type 1 diabetes. may have 5 legislative days in which to gional diabetes board for the ADA. In I want to see Americans recognizing revise and extend their remarks and to fact, I call myself a perpetual vice the significance of monitoring their

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.026 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13584 CONGRESSIONAL RECORD — HOUSE December 8, 2009 own and members of their families’ of type 1 diabetes and its complica- Ms. EDDIE BERNICE JOHNSON of Texas. health in getting the proper and timely tions. The National Institutes of Mr. Speaker, I rise today in support of House treatment for diabetes. I would also Health devoted $433 million in fiscal Resolution 35 to express the sense of the like to see, through public-private year 2009 for type 1 diabetes research. House of Representatives that Congress partnerships, a continued commitment Congress currently provides $150 mil- should provide increased federal funding for to diabetes research so that, one day, lion annually, through fiscal year 2011, continued type 1 diabetes research. we may have a cure. for the Special Statutory Funding Pro- This legislation is particularly timely as I would like to thank the sponsor of gram for type 1 diabetes research. roughly 3 million people suffer from type 1 dia- this bill, Representative GENE GREEN Promising advances have been made in betes across the country. It is important for us from Texas, for his work on this resolu- determining root causes of the disease, to move forward in the fight against this dis- tion. I stand, once again, in support of and finding a cure will depend on fund- ease and increase funding for research that this legislation, and I hope my col- ed research initiatives and on training aims to prevent and treat diabetes. It is esti- leagues will join me. the next generation of diabetes re- mated that over $4 billion will be necessary to I reserve the balance of my time. searchers. fund the National Institute of Health’s research Mrs. CAPPS. Mr. Speaker, I wish to Congress can do more to advance the goals for type 1 diabetes through 2013, and respond to my friend and colleague research on type 1 diabetes. This reso- as this disease continues to affect millions of from Nebraska by reminding us all lution calls for the doubling of annual people across America, it is imperative that we that, with the health care and insur- NIH funding to meet leading research- fund research at increased levels to see its ance reform legislation that has been ers’ estimates of funding needed to end. proposed, one of the effects would be meet NIH’s six goals related to type 1 I would also like to mention one of the ef- that more Americans would have ac- diabetes. forts that we are undertaking in North Texas to cess to preventative and primary care, I am pleased to sponsor this resolu- help combat diabetes. Recently the Baylor which would, hopefully, mitigate the tion with the 101 other Members who Health Care System announced that it would be transforming the Juanita J. Craft Recre- onset of diabetes and its effects on are calling for research funding to find ation Center in south Dallas to the area’s first Americans. a cure for type 1 diabetes. I want to and only diabetes health and wellness insti- Now it is my great pleasure to yield thank all of my cosponsors, including tute. This center will help to save lives by of- as much time as he may consume to both of my colleagues—the vice Chair fering improved diabetes care, educational my colleague from Texas, GENE GREEN. of the Energy and Commerce Com- programs, and conducting research in addition He is the resolution sponsor. mittee, Congresswoman CAPPS; and to encouraging healthy lifestyles for those liv- Mr. GENE GREEN of Texas. I would also Congressman TERRY from Ne- ing with the disease. The center will also edu- like to thank the vice Chair of the En- braska, who is also, like I said, a co- cate the community on preventative measures ergy and Commerce Committee for sponsor of the resolution. Hopefully, our national health care for type 2 diabetes so that a preventative life- yielding to me. style becomes a natural and normal part of Mr. Speaker, this resolution dis- plan will actually help those who have either type 1 diabetes or type 2 diabe- everyday life in this neighborhood. It is my cusses type 1 diabetes, which is typi- hope that increased funding for diabetes re- cally the early onset of juvenile diabe- tes to make sure they can go see physi- cians when they need to. search will encourage similar centers to be tes in some of us, but it does some- created across the country. times affect older children. Type 1 dia- b 1430 Mr. Speaker, I encourage my fellow col- betes is a chronic, genetically deter- Mr. TERRY. I yield myself as much leagues to join me in supporting this important mined, and debilitating disease caused time as I may consume. resolution so that we recognize the need for by an autoimmune attack that de- Mr. Speaker, as I mentioned, from diabetes research funding and help countless stroys the insulin-producing beta cells my activities in the Diabetes Caucus, I people across the country living with the dis- of the pancreas, and it affects every have learned that, as I stated in the ease. organ system. As many as 3 million main statement, that education, nutri- Mr. TERRY. I have no further speak- Americans suffer from type 1 diabetes, tion, and exercise leads to prevention ers, and I yield back the balance of my with more than 15,000 children being di- of much of type 1 and type 2. Today is time. agnosed with the disease annually. the sixth anniversary of the Medicare Mrs. CAPPS. I have no remaining Diabetes is one of the most costly and Medicaid Reform Act that was speakers on this side, and I also urge chronic diseases, costing the United passed in 2003 on a nearly partisan our colleagues to support this resolu- States economy more than $174 billion vote. It was then that we recognized tion. annually in direct and indirect health that the Republicans, who authored I yield back the balance of our time. care costs. On average, individuals that bill, supported that bill and that The SPEAKER pro tempore (Mr. with diabetes pay $13,000 in annual actually this is the first time that CUELLAR). The question is on the mo- health care costs compared to $2,600 for Medicare would pay for education, nu- tion offered by the gentlewoman from California (Mrs. CAPPS) that the House individuals without diabetes. trition counseling. Insulin treats but does not cure this I thought it was very odd that under suspend the rules and agree to the reso- potentially deadly disease nor does it Medicare for a diabetic, that Medicare lution, H. Res. 35. prevent the complications of diabetes, The question was taken. would pay for an amputation or kidney The SPEAKER pro tempore. In the which include blindness, heart attacks, dialysis, but it wouldn’t pay $150 to opinion of the Chair, two-thirds being kidney failure, strokes, nerve damage, prevent those from happening by way in the affirmative, the ayes have it. and amputations. Diabetes is also the of education, diabetic education class- Mrs. CAPPS. Mr. Speaker, I object to leading cause of legal blindness in es, which included nutrition and exer- the vote on the ground that a quorum working-age adults, and nearly all of cise and such. We have come a long is not present and make the point of type 1 diabetes patients exhibit some way in recognizing prevention. order that a quorum is not present. degree of eye disease after living with Certainly we don’t need the govern- The SPEAKER pro tempore. Pursu- diabetes for 15 to 20 years. ment, through its history of not want- ant to clause 8 of rule XX and the A special diabetes program was cre- ing to cover preventive care—I think Chair’s prior announcement, further ated that provides significant support we could do a better job within the pri- proceedings on this motion will be to the Diabetic Retinopathy Clinical vate side or free enterprise side. We postponed. Research Network, which is a nation- don’t need government running health The point of no quorum is considered wide network involving 163 clinical care to make sure that people that are withdrawn. sites in 43 States, in order to address in need of diabetes education, nutri- f the number of individuals diagnosed tion, a dietician, exercise, counseling, with type 1 diabetes and to find a cure. could receive that. NATIONAL PRADER-WILLI The National Institutes of Health has I again want to thank GENE GREEN SYNDROME AWARENESS MONTH established six goal areas to guide type for bringing this much-needed resolu- Mrs. CAPPS. Mr. Speaker, I move to 1 diabetes research, which are focused tion. Once again, I rise in support of suspend the rules and agree to the reso- on the reduction, prevention, and cure this resolution. lution (H. Res. 55) expressing support

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.074 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13585 for the designation of a National California (Mrs. CAPPS) and the gen- I want to thank my colleagues from Prader-Willi Syndrome Awareness tleman from Nebraska (Mr. TERRY) California, Congressman ROYCE and Month to raise awareness of and pro- each will control 20 minutes. Congresswoman HARMAN, for their mote research into this challenging The Chair recognizes the gentle- leadership on this issue. disorder. woman from California. I reserve the balance of my time. The Clerk read the title of the resolu- GENERAL LEAVE Mr. TERRY. I yield myself as much tion. Mrs. CAPPS. Mr. Speaker, I ask time as I may consume. The text of the resolution is as fol- unanimous consent that all Members Mr. Speaker, I rise in support of lows: may have 5 legislative days in which to House Resolution 55 and encourage the H. RES. 55 revise and extend their remarks and to designation of National Prader-Willi Whereas Prader-Willi syndrome is a com- include extraneous material into the Syndrome Awareness Month. plex genetic disorder that occurs in approxi- RECORD. Prader-Willi syndrome is a complex mately 1 out of every 15,000 births, and is the The SPEAKER pro tempore. Is there genetic disorder that can cause life- most commonly known genetic cause of life- threatening symptoms such as an ex- threatening obesity; objection to the request of the gentle- Whereas Prader-Willi syndrome affects woman from California? treme and insatiable appetite. Often males and females with equal frequency and There was no objection. resulting in morbid obesity, Prader- affects all races and ethnicities; Mrs. CAPPS. Mr. Speaker, I yield Willi syndrome occurs in males and fe- Whereas Prader-Willi syndrome causes an myself such time as I may consume. males equally and in all races. Esti- extreme and insatiable appetite, often re- Mr. Speaker, I rise today in support mates of the prevalence of Prader-Willi sulting in morbid obesity, which is the major of House Resolution 55. This resolution syndrome vary, with the most likely cause of death for individuals with the syn- supports raising awareness and edu- figure being 1 out of every 15,000 chil- drome; Whereas Prader-Willi syndrome also causes cating the public about Prader-Willi dren. cognitive and learning disabilities, and be- syndrome and expresses the support for Children with PWS have sweet and havioral difficulties, such as obsessive-com- designating National Prader-Willi Syn- loving personalities, but they are also pulsive disorder and difficulty controlling drome Awareness Month. characterized by weight-control issues emotions; Prader-Willi syndrome is a genetic and motor development delays, along Whereas the hunger, metabolic, and behav- disorder that occurs in approximately 1 with some behavior problems and ioral characteristics of Prader-Willi syn- in every 15,000 births. Individuals with unique medical issues. PWS typically drome force affected individuals to require this syndrome have lower metabolic causes low muscle tone, short stature constant and lifelong supervision in a con- if not treated with growth hormone, in- trolled environment; rates and lack normal hunger and sati- Whereas studies have shown that there is a ety cues. The combination of these fac- complete sexual development, and a high morbidity and mortality rate for indi- tors results in morbid obesity and asso- chronic feeling of hunger that, coupled viduals with Prader-Willi syndrome; ciated complications if gone untreated. with a metabolism that utilizes dras- Whereas there is no known cure for Prader- Individuals with Prader-Willi syn- tically fewer calories than normal, can Willi syndrome; drome are also affected by nonobesity- lead to excessive eating and life-threat- Whereas early diagnosis of Prader-Willi related conditions such as cognitive ening obesity. The food compulsion re- syndrome allows families to access treat- and learning disabilities and some be- quires constant supervision on the part ment, intervention services, and support havioral difficulties. The link between of the family members, along with reg- from health professionals, advocacy organi- zations, and other families who are dealing Prader-Willi syndrome and obesity is ular attention to many of the other dif- with the syndrome; one that cannot be ignored. Obesity is ficult symptoms. Whereas recently discovered treatments, one of the fastest-growing public It is the commitment of researchers such as human growth hormone, are improv- health challenges in the United States. and health professionals that has led to ing the quality of life for individuals with The Centers for Disease Control and effective treatments and, hopefully, an the syndrome and offer new hope to families, Prevention estimates that 16 percent of eventual cure for the families afflicted but many difficult symptoms associated with American children and one-third of by this disorder. Prader-Willi syndrome remain untreated; American adults are obese. That’s an I would like to thank Representative Whereas increased research into Prader- Willi syndrome can lead to a better under- astounding fact. ROYCE from California for his commit- standing of the disorder, more effective A recently released report supported ment to raising awareness about treatments, and an eventual cure for Prader- by the United Health Foundation, the Prader-Willi syndrome. I encourage all Willi syndrome; American Public Health Association, of my colleagues to vote for this reso- Whereas increased research into Prader- and the Partnership for Prevention lution. Willi syndrome is likely to improve our un- concluded that, if current trends con- At this time, I yield to the gen- derstanding of common public health con- tinue, over 100 million American adults tleman from California (Mr. ROYCE). cerns, including childhood obesity and men- will be obese by 2018. This would trans- Mr. ROYCE. I thank the gentleman tal health; and late to over $300 billion of health care for yielding. Whereas advocacy organizations have des- ignated May as Prader-Willi Syndrome costs attributable to obesity if the Mr. Speaker, I rise in support of Awareness Month: Now, therefore, be it rates continue to increase at current House Resolution 55, authored by my- Resolved, That the House of Representa- trends. self and my colleague from the State of tives— As my colleagues are aware, obesity California, Congresswoman JANE HAR- (1) supports raising awareness and edu- is a complex health issue. Behavioral, MAN. cating the public about Prader-Willi syn- environmental, and genetic factors also This resolution calls for the estab- drome; contribute to this epidemic. Most often lishment of a National Prader-Willi (2) applauds the efforts of advocates and Syndrome Awareness Month, and it en- organizations that encourage awareness, pro- we talk about eating a healthy diet and mote research, and provide education, sup- exercising. In recent months, I am courages continued Federal research of port, and hope to those impacted by Prader- proud of how we have prioritized in- this syndrome. Now, this syndrome is Willi syndrome; vestments in community-level preven- recognized as a common genetic cause (3) recognizes the commitment of parents, tion and wellness activities. of childhood obesity, and for too many families, researchers, health professionals, Interventions in schools, workplaces, children, it is an affliction which and others dedicated to finding an effective and other settings are essential to rein- causes them not even to be able to treatment and eventual cure for Prader-Willi force and facilitate individual efforts reach their teens. Many of them don’t syndrome; reach their 20th birthday as a result of (4) supports increased funding for research to maintain a healthy weight. The res- into the causes, treatment, and cure for olution we are considering today pre- this malady. Prader-Willi syndrome; and sents us with an opportunity to focus Mr. Speaker, 71⁄2 years ago I was in (5) expresses support for the designation of on how genes affect obesity. the position of most Members of this a National Prader-Willi Syndrome Aware- I am pleased to join my colleagues in House and most Americans in that I ness Month. drawing attention to the Prader-Willi had never heard of Prader-Willi syn- The SPEAKER pro tempore. Pursu- syndrome. I urge passage this resolu- drome. Then a little girl named Abby ant to the rule, the gentlewoman from tion. Porter was born. I can still remember

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.077 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13586 CONGRESSIONAL RECORD — HOUSE December 8, 2009 that day and the phone call that came tional Prader-Willi Syndrome Aware- I urge passage of the resolution and telling me that Abby had arrived but ness Month and to express support for again commend my friends from Cali- that something was wrong. Abby was further research in this disorder. fornia for their role. sleeping almost 24 hours a day, was un- I want to again thank my colleague, Mr. TERRY. We have no further able to eat on her own, and had almost Congresswoman JANE HARMAN from speakers and, therefore, encourage the no muscle tone at all. California, for her support and efforts passage of this resolution. Thanks to the persistence and strong on behalf of this resolution. I urge all I yield back the balance of my time. will of Abby’s parents, she was sent to my colleagues to support this bill. Mrs. CAPPS. I wish to commend the Children’s Hospital in Denver where Mrs. CAPPS. I am pleased now to personal commitment of our colleagues she underwent extensive testing. At 2 yield whatever time she may consume from California, Congressman ROYCE weeks of age we all learned that Abby to my colleague and friend from Cali- and Congresswoman JANE HARMAN, and had a genetic disorder called Prader- fornia, JANE HARMAN. I urge support for this resolution. Willi syndrome. Ms. HARMAN. Let me first commend I yield back the balance of our time. Many of you are now asking what I Mrs. CAPPS, who, as a registered nurse, The SPEAKER pro tempore. The asked on that day of the phone call. has brought so much understanding question is on the motion offered by What is Prader-Willi syndrome? In and depth to our ongoing negotiations the gentlewoman from California (Mrs. short, it is a complex condition charac- on health care in the Energy and Com- CAPPS) that the House suspend the terized by morbid obesity, by insatia- merce Committee. rules and agree to the resolution, H. ble appetite, by poor muscle tone and Second, let me commend a good Res. 55. failure to thrive during infancy, among friend and frequent partner, Mr. ROYCE, The question was taken. many other maladies. Twenty years whose focus on this issue and personal The SPEAKER pro tempore. In the ago a child with Prader-Willi syndrome compassion on behalf of his friend, opinion of the Chair, two-thirds being was likely to die of morbid obesity be- Abby, and enormously caring staff, in the affirmative, the ayes have it. fore they reached adulthood. Most of have brought this issue to my atten- Mrs. CAPPS. Mr. Speaker, I object to these children were either never diag- tion. the vote on the ground that a quorum nosed or diagnosed later in life when It resonates in my California con- is not present and make the point of treatment was far less effective. gressional district, where there is an order that a quorum is not present. Abby Porter is actually one of the incredible community of activists who The SPEAKER pro tempore. Pursu- lucky ones, as she received a very early are committed to increasing awareness ant to clause 8 of rule XX and the diagnosis. As a result of this early di- and supporting research on Prader- Chair’s prior announcement, further agnosis she was able to begin human Willi syndrome. Two of those activists, proceedings on this motion will be growth hormone treatments at the age Tom and Renay Compere, are parents postponed. of 3 months. A relatively new treat- of a child with PWS. They have The point of no quorum is considered ment for Prader-Willi at the time of brought other Prader-Willi families to- withdrawn. her birth, growth hormone enabled gether with groups of students, teach- f Abby to begin building the muscle tone ers, and other members of the commu- she needed to eat, to hold up her head, nity to spread awareness and raise b 1445 to sit up, crawl, and finally to walk. As funds to combat this devastating dis- DATA ACCOUNTABILITY AND a result she was able to reach all of her ease. TRUST ACT developmental milestones at roughly Tom Compere says, ‘‘The thing that Mr. RUSH. Mr. Speaker, I move to the appropriate times. She was also has kept us going over the years has suspend the rules and pass the bill able to develop cognitively at a more been the optimism that a cure for PWS (H.R. 2221) to protect consumers by re- normal rate than she would have with- will be found and that our son will quiring reasonable security policies out this treatment. have a normal life. What a concept. A and procedures to protect computerized Abby and I want every child with normal life was something, until re- data containing personal information, Prader-Willi syndrome to have this cently, that I took for granted.’’ and to provide for nationwide notice in same opportunity. We want to increase That’s the goal of this resolution. By the event of a security breach, as awareness of this genetic disorder increasing awareness and promoting amended. among health care providers and pedia- research at the national level, we can The Clerk read the title of the bill. tricians and parents and teachers and give the Compere family and thousands The text of the bill is as follows: communities. We want children to get of families like them a chance to lead H.R. 2221 diagnosed early so that they can begin a normal life. immediate treatment. Two years ago, Mr. Speaker, I at- Be it enacted by the Senate and House of Rep- tended the annual walkathon for resentatives of the United States of America in We want parents to be able to find Congress assembled, out the information that they need to Prader-Willi research in Mar Vista, a wonderful community in my district. SECTION 1. SHORT TITLE. make decisions about the treatment This Act may be cited as the ‘‘Data Ac- and development of their children. We The warmth and excitement of the countability and Trust Act’’. children I met there was touching, es- want teachers to understand the cog- SEC. 2. REQUIREMENTS FOR INFORMATION SE- nitive and emotional struggles that pecially in the face of the challenges CURITY. come with Prader-Willi and that must they face on a daily basis. (a) GENERAL SECURITY POLICIES AND PROCE- be dealt with in order for these chil- Prader-Willi patients suffer, as you DURES.— dren to learn. have heard, from cognitive disabilities, (1) REGULATIONS.—Not later than 1 year We want neighbors and community poor muscle tone, and constant feelings after the date of enactment of this Act, the members to learn about this syndrome of hunger. They often look different Commission shall promulgate regulations so that they will understand the ac- from other children, which makes it under section 553 of title 5, United States Code, to require each person engaged in tions and behavior of some of the chil- difficult to fit in or be accepted as a interstate commerce that owns or possesses dren with Prader-Willi; thus, they will normal kid. Some cutting-edge treat- data containing personal information, or not reject them outright and will in- ments, like the ones Abby received, can contracts to have any third party entity stead teach their own children about improve the physical development of maintain such data for such person, to estab- the acceptance of differences. children with Prader-Willi so they can lish and implement policies and procedures Abby and I want these families with fit in, but this is contingent on early regarding information security practices for Prader-Willi children to know that the diagnosis and treatment, and that the treatment and protection of personal in- families are not alone in this fight to often doesn’t happen. formation taking into consideration— By passing H. Res. 55 and raising the (A) the size of, and the nature, scope, and search for cures and treatments that complexity of the activities engaged in by, will improve the future of their chil- profile of this disease, this House can such person; dren. give these children better odds at doing (B) the current state of the art in adminis- For that reason, we are both proud something most of us take for granted: trative, technical, and physical safeguards today to see this House call for a Na- Living a normal life. for protecting such information; and

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.079 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13587 (C) the cost of implementing such safe- formation is being collected or maintained (I) If access of the individual to the infor- guards. solely— mation is limited by law or legally recog- (2) REQUIREMENTS.—Such regulations shall (I) for the purpose of indicating whether nized privilege. require the policies and procedures to in- there may be a discrepancy or irregularity in (II) If the information is used for a legiti- clude the following: the personal information that is associated mate governmental or fraud prevention pur- (A) A security policy with respect to the with an individual; and pose that would be compromised by such ac- collection, use, sale, other dissemination, (II) to help identify, or authenticate the cess. and maintenance of such personal informa- identity of, an individual, or to protect (III) If the information consists of a pub- tion. against or investigate fraud or other unlaw- lished media record, unless that record has (B) The identification of an officer or other ful conduct. been included in a report about an individual shared with a third party. individual as the point of contact with re- (B) CONSUMER ACCESS TO INFORMATION.— (v) RULEMAKING.—Not later than 1 year sponsibility for the management of informa- (i) ACCESS.—Each information broker after the date of the enactment of this Act, tion security. shall— the Commission shall promulgate regula- (C) A process for identifying and assessing (I) provide to each individual whose per- tions under section 553 of title 5, United any reasonably foreseeable vulnerabilities in sonal information it maintains, at the indi- the system or systems maintained by such States Code, to carry out this paragraph and vidual’s request at least 1 time per year and to facilitate the purposes of this Act. In ad- person that contains such data, which shall at no cost to the individual, and after include regular monitoring for a breach of dition, the Commission shall issue regula- verifying the identity of such individual, a tions, as necessary, under section 553 of title security of such system or systems. means for the individual to review any per- (D) A process for taking preventive and 5, United States Code, on the scope of the ap- sonal information regarding such individual plication of the limitations in clause (iv), in- corrective action to mitigate against any maintained by the information broker and vulnerabilities identified in the process re- cluding any additional circumstances in any other information maintained by the in- quired by subparagraph (C), which may in- which an information broker may limit ac- formation broker that specifically identifies clude implementing any changes to security cess to information under such clause that such individual, other than information practices and the architecture, installation, the Commission determines to be appro- which merely identifies an individual’s name or implementation of network or operating priate. or address; and software. (C) FCRA REGULATED PERSONS.—Any infor- (II) place a conspicuous notice on its Inter- (E) A process for disposing of data in elec- mation broker who is engaged in activities net website (if the information broker main- tronic form containing personal information subject to the Fair Credit Reporting Act and tains such a website) instructing individuals by shredding, permanently erasing, or other- who is in compliance with sections 609, 610, how to request access to the information re- wise modifying the personal information and 611 of such Act with respect to informa- quired to be provided under subclause (I), contained in such data to make such per- tion subject to such Act, shall be deemed to sonal information permanently unreadable and, as applicable, how to express a pref- be in compliance with this paragraph with or undecipherable. erence with respect to the use of personal in- respect to such information. (F) A standard method or methods for the formation for marketing purposes under (4) REQUIREMENT OF AUDIT LOG OF ACCESSED destruction of paper documents and other clause (iii). AND TRANSMITTED INFORMATION.—Not later non-electronic data containing personal in- (ii) DISPUTED INFORMATION.—Whenever an than 1 year after the date of the enactment formation. individual whose information the informa- of this Act, the Commission shall promul- (3) TREATMENT OF ENTITIES GOVERNED BY tion broker maintains makes a written re- gate regulations under section 553 of title 5, OTHER LAW.—Any person who is in compli- quest disputing the accuracy of any such in- United States Code, to require information ance with any other Federal law that re- formation, the information broker, after brokers to establish measures which facili- quires such person to maintain standards verifying the identity of the individual mak- tate the auditing or retracing of any internal and safeguards for information security and ing such request and unless there are reason- or external access to, or transmissions of, protection of personal information that, able grounds to believe such request is frivo- any data containing personal information taken as a whole and as the Commission lous or irrelevant, shall— collected, assembled, or maintained by such shall determine in the rulemaking required (I) correct any inaccuracy; or information broker. under paragraph (1), provide protections sub- (II)(aa) in the case of information that is (5) PROHIBITION ON PRETEXTING BY INFORMA- stantially similar to, or greater than, those public record information, inform the indi- TION BROKERS.— required under this subsection, shall be vidual of the source of the information, and, (A) PROHIBITION ON OBTAINING PERSONAL IN- deemed to be in compliance with this sub- if reasonably available, where a request for FORMATION BY FALSE PRETENSES.—It shall be section. correction may be directed and, if the indi- unlawful for an information broker to obtain vidual provides proof that the public record or attempt to obtain, or cause to be disclosed (b) SPECIAL REQUIREMENTS FOR INFORMA- has been corrected or that the information or attempt to cause to be disclosed to any TION BROKERS.— broker was reporting the information incor- person, personal information or any other in- (1) SUBMISSION OF POLICIES TO THE FTC.— rectly, correct the inaccuracy in the infor- formation relating to any person by— The regulations promulgated under sub- (i) making a false, fictitious, or fraudulent section (a) shall require each information mation broker’s records; or (bb) in the case of information that is non- statement or representation to any person; broker to submit its security policies to the or Commission in conjunction with a notifica- public information, note the information that is disputed, including the individual’s (ii) providing any document or other infor- tion of a breach of security under section 3 mation to any person that the information or upon request of the Commission. statement disputing such information, and take reasonable steps to independently broker knows or should know to be forged, (2) POST-BREACH AUDIT.—For any informa- counterfeit, lost, stolen, or fraudulently ob- tion broker required to provide notification verify such information under the procedures outlined in subparagraph (A) if such informa- tained, or to contain a false, fictitious, or under section 3, the Commission may con- fraudulent statement or representation. duct audits of the information security prac- tion can be independently verified. (B) PROHIBITION ON SOLICITATION TO OBTAIN tices of such information broker, or require (iii) ALTERNATIVE PROCEDURE FOR CERTAIN PERSONAL INFORMATION UNDER FALSE PRE- the information broker to conduct inde- MARKETING INFORMATION.—In accordance TENSES.—It shall be unlawful for an informa- pendent audits of such practices (by an inde- with regulations issued under clause (v), an information broker that maintains any in- tion broker to request a person to obtain pendent auditor who has not audited such in- personal information or any other informa- formation broker’s security practices during formation described in clause (i) which is used, shared, or sold by such information tion relating to any other person, if the in- the preceding 5 years). formation broker knew or should have (3) ACCURACY OF AND INDIVIDUAL ACCESS TO broker for marketing purposes, may, in lieu of complying with the access and dispute re- known that the person to whom such a re- PERSONAL INFORMATION.— quest is made will obtain or attempt to ob- (A) ACCURACY.— quirements set forth in clauses (i) and (ii), provide each individual whose information it tain such information in the manner de- (i) IN GENERAL.—Each information broker scribed in subparagraph (A). maintains with a reasonable means of ex- shall establish reasonable procedures to as- (c) EXEMPTION FOR CERTAIN SERVICE PRO- pressing a preference not to have his or her sure the maximum possible accuracy of the VIDERS.—Nothing in this section shall apply personal information it collects, assembles, information used for such purposes. If the in- to a service provider for any electronic com- or maintains, and any other information it dividual expresses such a preference, the in- munication by a third party that is trans- collects, assembles, or maintains that spe- formation broker may not use, share, or sell mitted, routed, or stored in intermediate or cifically identifies an individual, other than the individual’s information for marketing transient storage by such service provider. information which merely identifies an indi- purposes. SEC. 3. NOTIFICATION OF INFORMATION SECU- vidual’s name or address. (iv) LIMITATIONS.—An information broker RITY BREACH. (ii) LIMITED EXCEPTION FOR FRAUD DATA- may limit the access to information required (a) NATIONWIDE NOTIFICATION.—Any person BASES.—The requirement in clause (i) shall under subparagraph (B)(i)(I) and is not re- engaged in interstate commerce that owns or not prevent the collection or maintenance of quired to provide notice to individuals as re- possesses data in electronic form containing information that may be inaccurate with re- quired under subparagraph (B)(i)(II) in the personal information shall, following the dis- spect to a particular individual when that in- following circumstances: covery of a breach of security of the system

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.036 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13588 CONGRESSIONAL RECORD — HOUSE December 8, 2009 maintained by such person that contains land security agency determines is reason- (i) email notification to the extent that such data— ably necessary and requests in writing. A the person has email addresses of individuals (1) notify each individual who is a citizen Federal national security agency or home- to whom it is required to provide notifica- or resident of the United States whose per- land security agency may revoke such delay tion under subsection (a)(1); sonal information was acquired or accessed or extend the period of time set forth in the (ii) a conspicuous notice on the Internet as a result of such a breach of security; and original request made under this paragraph website of the person (if such person main- (2) notify the Commission. by a subsequent written request if further tains such a website); and (b) SPECIAL NOTIFICATION REQUIREMENTS.— delay is necessary. (iii) notification in print and to broadcast (1) THIRD PARTY AGENTS.—In the event of a (d) METHOD AND CONTENT OF NOTIFICA- media, including major media in metropoli- breach of security by any third party entity TION.— tan and rural areas where the individuals that has been contracted to maintain or (1) DIRECT NOTIFICATION.— whose personal information was acquired re- process data in electronic form containing (A) METHOD OF NOTIFICATION.—A person re- side. personal information on behalf of any other quired to provide notification to individuals (C) CONTENT OF SUBSTITUTE NOTICE.—Each person who owns or possesses such data, such under subsection (a)(1) shall be in compli- form of substitute notice under this para- third party entity shall be required to notify ance with such requirement if the person graph shall include— such person of the breach of security. Upon provides conspicuous and clearly identified (i) notice that individuals whose personal receiving such notification from such third notification by one of the following methods information is included in the breach of se- party, such person shall provide the notifica- curity are entitled to receive, at no cost to tion required under subsection (a). (provided the selected method can reason- ably be expected to reach the intended indi- the individuals, consumer credit reports on a (2) SERVICE PROVIDERS.—If a service pro- vidual): quarterly basis for a period of 2 years, or vider becomes aware of a breach of security credit monitoring or other service that en- of data in electronic form containing per- (i) Written notification. (ii) Notification by email or other elec- ables consumers to detect the misuse of their sonal information that is owned or possessed personal information for a period of 2 years, by another person that connects to or uses a tronic means, if— (I) the person’s primary method of commu- and instructions on requesting such reports system or network provided by the service or service from the person, except when the provider for the purpose of transmitting, nication with the individual is by email or such other electronic means; or only information which has been the subject routing, or providing intermediate or tran- of the security breach is the individual’s sient storage of such data, such service pro- (II) the individual has consented to receive first name or initial and last name, or ad- vider shall be required to notify of such a such notification and the notification is pro- dress, or phone number, in combination with breach of security only the person who initi- vided in a manner that is consistent with the a credit or debit card number, and any re- ated such connection, transmission, routing, provisions permitting electronic trans- quired security code; and or storage if such person can be reasonably mission of notices under section 101 of the (ii) a telephone number by which an indi- identified. Upon receiving such notification Electronic Signatures in Global Commerce vidual can, at no cost to such individual, from a service provider, such person shall Act (15 U.S.C. 7001). learn whether that individual’s personal in- provide the notification required under sub- (B) CONTENT OF NOTIFICATION.—Regardless formation is included in the breach of secu- section (a). of the method by which notification is pro- rity. (3) COORDINATION OF NOTIFICATION WITH vided to an individual under subparagraph (3) REGULATIONS AND GUIDANCE.— CREDIT REPORTING AGENCIES.—If a person is (A), such notification shall include— required to provide notification to more than (i) a description of the personal informa- (A) REGULATIONS.—Not later than 1 year 5,000 individuals under subsection (a)(1), the tion that was acquired or accessed by an un- after the date of enactment of this Act, the person shall also notify the major credit re- authorized person; Commission shall, by regulation under sec- porting agencies that compile and maintain (ii) a telephone number that the individual tion 553 of title 5, United States Code, estab- files on consumers on a nationwide basis, of may use, at no cost to such individual, to lish criteria for determining circumstances the timing and distribution of the notices. contact the person to inquire about the under which substitute notification may be Such notice shall be given to the credit re- breach of security or the information the provided under paragraph (2), including cri- porting agencies without unreasonable delay person maintained about that individual; teria for determining if notification under and, if it will not delay notice to the affected (iii) notice that the individual is entitled paragraph (1) is not feasible due to excessive individuals, prior to the distribution of no- to receive, at no cost to such individual, con- costs to the person required to provided such tices to the affected individuals. sumer credit reports on a quarterly basis for notification relative to the resources of such (c) TIMELINESS OF NOTIFICATION.— a period of 2 years, or credit monitoring or person. Such regulations may also identify (1) IN GENERAL.—Unless subject to a delay other service that enables consumers to de- other circumstances where substitute notifi- authorized under paragraph (2), a notifica- tect the misuse of their personal information cation would be appropriate for any person, tion required under subsection (a) shall be for a period of 2 years, and instructions to including circumstances under which the made not later than 60 days following the the individual on requesting such reports or cost of providing notification exceeds the discovery of a breach of security, unless the service from the person, except when the benefits to consumers. person providing notice can show that pro- only information which has been the subject (B) GUIDANCE.—In addition, the Commis- viding notice within such a time frame is not of the security breach is the individual’s sion shall provide and publish general guid- feasible due to extraordinary circumstances first name or initial and last name, or ad- ance with respect to compliance with this necessary to prevent further breach or unau- dress, or phone number, in combination with subsection. Such guidance shall include— thorized disclosures, and reasonably restore a credit or debit card number, and any re- (i) a description of written or email notifi- the integrity of the data system, in which quired security code; cation that complies with the requirements case such notification shall be made as (iv) the toll-free contact telephone num- of paragraph (1); and promptly as possible. bers and addresses for the major credit re- (ii) guidance on the content of substitute (2) DELAY OF NOTIFICATION AUTHORIZED FOR porting agencies; and notification under paragraph (2), including LAW ENFORCEMENT OR NATIONAL SECURITY (v) a toll-free telephone number and Inter- the extent of notification to print and broad- PURPOSES.— net website address for the Commission cast media that complies with the require- (A) LAW ENFORCEMENT.—If a Federal, whereby the individual may obtain informa- ments of such paragraph. State, or local law enforcement agency de- tion regarding identity theft. (e) OTHER OBLIGATIONS FOLLOWING termines that the notification required (2) SUBSTITUTE NOTIFICATION.— BREACH.— under this section would impede a civil or (A) CIRCUMSTANCES GIVING RISE TO SUB- (1) IN GENERAL.—A person required to pro- criminal investigation, such notification STITUTE NOTIFICATION.—A person required to vide notification under subsection (a) shall, shall be delayed upon the written request of provide notification to individuals under upon request of an individual whose personal the law enforcement agency for 30 days or subsection (a)(1) may provide substitute no- information was included in the breach of se- such lesser period of time which the law en- tification in lieu of the direct notification curity, provide or arrange for the provision forcement agency determines is reasonably required by paragraph (1) if the person owns of, to each such individual and at no cost to necessary and requests in writing. A law en- or possesses data in electronic form con- such individual— forcement agency may, by a subsequent taining personal information of fewer than (A) consumer credit reports from at least written request, revoke such delay or extend 1,000 individuals and such direct notification one of the major credit reporting agencies the period of time set forth in the original is not feasible due to— beginning not later than 60 days following request made under this paragraph if further (i) excessive cost to the person required to the individual’s request and continuing on a delay is necessary. provide such notification relative to the re- quarterly basis for a period of 2 years there- (B) NATIONAL SECURITY.—If a Federal na- sources of such person, as determined in ac- after; or tional security agency or homeland security cordance with the regulations issued by the (B) a credit monitoring or other service agency determines that the notification re- Commission under paragraph (3)(A); or that enables consumers to detect the misuse quired under this section would threaten na- (ii) lack of sufficient contact information of their personal information, beginning not tional or homeland security, such notifica- for the individual required to be notified. later than 60 days following the individual’s tion may be delayed for a period of time (B) FORM OF SUBSTITUTE NOTIFICATION.— request and continuing for a period of 2 which the national security agency or home- Such substitute notification shall include— years.

VerDate Nov 24 2008 05:44 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.036 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13589

(2) LIMITATION.—This subsection shall not (i) GENERAL RULEMAKING AUTHORITY.—The (B) ADJUSTMENT FOR INFLATION.—Begin- apply if the only personal information which Commission may promulgate regulations ning on the date that the Consumer Price has been the subject of the security breach is necessary under section 553 of title 5, United Index is first published by the Bureau of the individual’s first name or initial and last States Code, to effectively enforce the re- Labor Statistics that is after 1 year after the name, or address, or phone number, in com- quirements of this section. date of enactment of this Act, and each year bination with a credit or debit card number, (j) TREATMENT OF PERSONS GOVERNED BY thereafter, the amounts specified in clauses and any required security code. OTHER LAW.—A person who is in compliance (i) and (ii) of subparagraph (A) shall be in- (3) RULEMAKING.—As part of the Commis- with any other Federal law that requires creased by the percentage increase in the sion’s rulemaking described in subsection such person to provide notification to indi- Consumer Price Index published on that date (d)(3), the Commission shall determine the viduals following a breach of security, and from the Consumer Price Index published the circumstances under which a person required that, taken as a whole, provides protections previous year. to provide notification under subsection substantially similar to, or greater than, (C) MAXIMUM TOTAL LIABILITY.—Notwith- (a)(1) shall provide or arrange for the provi- those required under this section, as the standing the number of actions which may sion of free consumer credit reports or credit Commission shall determine by rule (under be brought against a person under this sub- monitoring or other service to affected indi- section 553 of title 5, United States Code), section the maximum civil penalty for which shall be deemed to be in compliance with viduals. any person may be liable under this sub- this section. (f) EXEMPTION.— section shall not exceed— (1) GENERAL EXEMPTION.—A person shall be SEC. 4. APPLICATION AND ENFORCEMENT. (i) $5,000,000 for each violation of section 2; exempt from the requirements under this (a) GENERAL APPLICATION.—The require- and ments of sections 2 and 3 shall only apply to section if, following a breach of security, (ii) $5,000,000 for all violations of section 3 those persons, partnerships, or corporations such person determines that there is no rea- resulting from a single breach of security. over which the Commission has authority sonable risk of identity theft, fraud, or other (3) INTERVENTION BY THE FTC.— pursuant to section 5(a)(2) of the Federal unlawful conduct. (A) NOTICE AND INTERVENTION.—The State Trade Commission Act. (2) PRESUMPTION.— shall provide prior written notice of any ac- (b) ENFORCEMENT BY THE FEDERAL TRADE (A) IN GENERAL.—If the data in electronic COMMISSION.— tion under paragraph (1) to the Commission form containing personal information is ren- (1) UNFAIR OR DECEPTIVE ACTS OR PRAC- and provide the Commission with a copy of dered unusable, unreadable, or indecipher- TICES.—A violation of section 2 or 3 shall be its complaint, except in any case in which able through encryption or other security treated as an unfair and deceptive act or such prior notice is not feasible, in which technology or methodology (if the method of practice in violation of a regulation under case the State shall serve such notice imme- encryption or such other technology or section 18(a)(1)(B) of the Federal Trade Com- diately upon instituting such action. The methodology is generally accepted by ex- mission Act (15 U.S.C. 57a(a)(1)(B)) regarding Commission shall have the right— perts in the information security field), unfair or deceptive acts or practices. (i) to intervene in the action; there shall be a presumption that no reason- (2) POWERS OF COMMISSION.—The Commis- (ii) upon so intervening, to be heard on all able risk of identity theft, fraud, or other sion shall enforce this Act in the same man- matters arising therein; and unlawful conduct exists following a breach of ner, by the same means, and with the same (iii) to file petitions for appeal. security of such data. Any such presumption jurisdiction, powers, and duties as though all (B) LIMITATION ON STATE ACTION WHILE FED- may be rebutted by facts demonstrating that applicable terms and provisions of the Fed- ERAL ACTION IS PENDING.—If the Commission the encryption or other security tech- eral Trade Commission Act (15 U.S.C. 41 et has instituted a civil action for violation of nologies or methodologies in a specific case, seq.) were incorporated into and made a part this Act, no State attorney general, or offi- have been or are reasonably likely to be of this Act. Any person who violates such cial or agency of a State, may bring an ac- compromised. regulations shall be subject to the penalties tion under this subsection during the pend- (B) METHODOLOGIES OR TECHNOLOGIES.—Not and entitled to the privileges and immuni- ency of that action against any defendant later than 1 year after the date of the enact- ties provided in that Act. named in the complaint of the Commission ment of this Act and biannually thereafter, (3) LIMITATION.—In promulgating rules for any violation of this Act alleged in the the Commission shall issue rules (pursuant under this Act, the Commission shall not re- complaint. to section 553 of title 5, United States Code) quire the deployment or use of any specific (4) CONSTRUCTION.—For purposes of bring- or guidance to identify security methodolo- products or technologies, including any spe- ing any civil action under paragraph (1), gies or technologies which render data in cific computer software or hardware. nothing in this Act shall be construed to pre- electronic form unusable, unreadable, or in- (c) ENFORCEMENT BY STATE ATTORNEYS vent an attorney general of a State from ex- decipherable, that shall, if applied to such GENERAL.— ercising the powers conferred on the attor- data, establish a presumption that no rea- (1) CIVIL ACTION.—In any case in which the ney general by the laws of that State to— sonable risk of identity theft, fraud, or other attorney general of a State, or an official or (A) conduct investigations; unlawful conduct exists following a breach of agency of a State, has reason to believe that (B) administer oaths or affirmations; or security of such data. Any such presumption an interest of the residents of that State has (C) compel the attendance of witnesses or may be rebutted by facts demonstrating that been or is threatened or adversely affected the production of documentary and other any such methodology or technology in a by any person who violates section 2 or 3 of evidence. specific case has been or is reasonably likely this Act, the attorney general, official, or (d) AFFIRMATIVE DEFENSE FOR A VIOLATION to be compromised. In issuing such rules or agency of the State, as parens patriae, may OF SECTION 3.— guidance, the Commission shall consult with bring a civil action on behalf of the residents (1) IN GENERAL.—It shall be an affirmative relevant industries, consumer organizations, of the State in a district court of the United defense to an enforcement action brought and data security and identity theft preven- States of appropriate jurisdiction— under subsection (b), or a civil action tion experts and established standards set- (A) to enjoin further violation of such sec- brought under subsection (c), based on a vio- ting bodies. tion by the defendant; lation of section 3, that all of the personal (3) FTC GUIDANCE.—Not later than 1 year (B) to compel compliance with such sec- information contained in the data in elec- after the date of the enactment of this Act tion; or tronic form that was acquired or accessed as the Commission shall issue guidance regard- (C) to obtain civil penalties in the amount a result of a breach of security of the defend- ing the application of the exemption in para- determined under paragraph (2). ant is public record information that is law- graph (1). (2) CIVIL PENALTIES.— fully made available to the general public (g) WEBSITE NOTICE OF FEDERAL TRADE (A) CALCULATION.— from Federal, State, or local government COMMISSION.—If the Commission, upon re- (i) TREATMENT OF VIOLATIONS OF SECTION records and was acquired by the defendant ceiving notification of any breach of security 2.—For purposes of paragraph (1)(C) with re- from such records. that is reported to the Commission under gard to a violation of section 2, the amount (2) NO EFFECT ON OTHER REQUIREMENTS.— subsection (a)(2), finds that notification of determined under this paragraph is the Nothing in this subsection shall be construed such a breach of security via the Commis- to exempt any person from the requirement sion’s Internet website would be in the pub- amount calculated by multiplying the num- ber of days that a person is not in compli- to notify the Commission of a breach of secu- lic interest or for the protection of con- rity as required under section 3(a). sumers, the Commission shall place such a ance with such section by an amount not notice in a clear and conspicuous location on greater than $11,000. SEC. 5. DEFINITIONS. its Internet website. (ii) TREATMENT OF VIOLATIONS OF SECTION In this Act the following definitions apply: (h) FTC STUDY ON NOTIFICATION IN LAN- 3.—For purposes of paragraph (1)(C) with re- (1) BREACH OF SECURITY.—The term GUAGES IN ADDITION TO ENGLISH.—Not later gard to a violation of section 3, the amount ‘‘breach of security’’ means unauthorized ac- than 1 year after the date of enactment of determined under this paragraph is the cess to or acquisition of data in electronic this Act, the Commission shall conduct a amount calculated by multiplying the num- form containing personal information. study on the practicality and cost effective- ber of violations of such section by an (2) COMMISSION.—The term ‘‘Commission’’ ness of requiring the notification required by amount not greater than $11,000. Each failure means the Federal Trade Commission. subsection (d)(1) to be provided in a language to send notification as required under sec- (3) DATA IN ELECTRONIC FORM.—The term in addition to English to individuals known tion 3 to a resident of the State shall be ‘‘data in electronic form’’ means any data to speak only such other language. treated as a separate violation. stored electronically or digitally on any

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.036 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13590 CONGRESSIONAL RECORD — HOUSE December 8, 2009 computer system or other database and in- (10) SERVICE PROVIDER.—The term ‘‘service Mr. Speaker, the first bill that I am cludes recordable tapes and other mass stor- provider’’ means a person that provides elec- urging adoption of is H.R. 2221, the age devices. tronic data transmission, routing, inter- Data Accountability and Trust Act, (4) ENCRYPTION.—The term ‘‘encryption’’ mediate and transient storage, or connec- known as the DATA Act. tions to its system or network, where the means the protection of data in electronic H.R. 2221 addresses data breaches by form in storage or in transit using an person providing such services does not se- encryption technology that has been adopted lect or modify the content of the electronic requiring for-profit entities holding by an established standards setting body data, is not the sender or the intended recipi- data containing people’s personal in- which renders such data indecipherable in ent of the data, and such person transmits, formation to have reasonable and ap- the absence of associated cryptographic keys routes, stores, or provides connections for propriate security measures in place to necessary to enable decryption of such data. personal information in a manner that per- protect that data. H.R. 2221 would also Such encryption must include appropriate sonal information is undifferentiated from require them to notify consumers who management and safeguards of such keys to other types of data that such person trans- are U.S. citizens or residents and the mits, routes, stores, or provides connections. protect the integrity of the encryption. Federal Trade Commission when a (5) IDENTITY THEFT.—The term ‘‘identity Any such person shall be treated as a service provider under this Act only to the extent breach occurs. theft’’ means the unauthorized use of an- For the past 5 years, the Privacy other person’s personal information for the that it is engaged in the provision of such purpose of engaging in commercial trans- transmission, routing, intermediate and Rights Clearinghouse contends that actions under the name of such other person. transient storage or connections. nearly 340 million records ‘‘containing (6) INFORMATION BROKER.—The term ‘‘infor- SEC. 6. EFFECT ON OTHER LAWS. sensitive personal information’’ have mation broker’’— (a) PREEMPTION OF STATE INFORMATION SE- been involved in security breaches. (A) means a commercial entity whose busi- CURITY LAWS.—This Act supersedes any pro- High-profile data breaches have ness is to collect, assemble, or maintain per- vision of a statute, regulation, or rule of a plagued financial institutions, nation- sonal information concerning individuals State or political subdivision of a State, wide retailers, online merchants, infor- with respect to those entities covered by the who are not current or former customers of mation brokers, credit card processors, such entity in order to sell such information regulations issued pursuant to this Act, that or provide access to such information to any expressly— health care institutions, high-tech nonaffiliated third party in exchange for (1) requires information security practices companies, research facilities, and gov- consideration, whether such collection, as- and treatment of data containing personal ernment agencies. sembly, or maintenance of personal informa- information similar to any of those required Currently, several laws address data tion is performed by the information broker under section 2; and security requirements for narrow cat- directly, or by contract or subcontract with (2) requires notification to individuals of a egories of information or specific sec- any other entity; and breach of security resulting in unauthorized tors of the marketplace. These laws in- (B) does not include a commercial entity access to or acquisition of data in electronic clude the Gramm-Leach-Bliley Act form containing personal information. to the extent that such entity processes in- Safeguards Rule, which contains data formation collected by or on behalf of and re- (b) ADDITIONAL PREEMPTION.— ceived from or on behalf of a nonaffiliated (1) IN GENERAL.—No person other than a security requirements for financial in- third party concerning individuals who are person specified in section 4(c) may bring a stitutions and the Fair Credit Report- current or former customers or employees of civil action under the laws of any State if ing Act Disposal Rule, which imposes such third party to enable such third party such action is premised in whole or in part safe disposal obligations on entities directly or through parties acting on its be- upon the defendant violating any provision that maintain consumer report infor- half to (1) provide benefits for its employees of this Act. mation. or (2) directly transact business with its cus- (2) PROTECTION OF CONSUMER PROTECTION In addition, FTC has used its enforce- LAWS.—This subsection shall not be con- tomers. ment authority under the FTC Act to (7) PERSONAL INFORMATION.— strued to limit the enforcement of any State bring actions against companies that (A) DEFINITION.—The term ‘‘personal infor- consumer protection law by an Attorney mation’’ means an individual’s first name or General of a State. have made misleading claims about initial and last name, or address, or phone (c) PROTECTION OF CERTAIN STATE LAWS.— data security procedures or who have number, in combination with any 1 or more This Act shall not be construed to preempt failed to employ reasonable security of the following data elements for that indi- the applicability of— measures in circumstances causing vidual: (1) State trespass, contract, or tort law; or substantial injury. (i) Social Security number. (2) other State laws to the extent that However, there is no comprehensive (ii) Driver’s license number, passport num- those laws relate to acts of fraud. Federal law that requires all compa- (d) PRESERVATION OF FTC AUTHORITY.— ber, military identification number, or other nies that hold consumers’ personal in- similar number issued on a government doc- Nothing in this Act may be construed in any ument used to verify identity. way to limit or affect the Commission’s au- formation to implement reasonable (iii) Financial account number, or credit or thority under any other provision of law. measures to protect that data. Also, debit card number, and any required security SEC. 7. EFFECTIVE DATE. there is no Federal law that requires code, access code, or password that is nec- This Act shall take effect 1 year after the companies that experience a data essary to permit access to an individual’s fi- date of enactment of this Act. breach to provide notice to those con- nancial account. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. sumers whose personal information (B) MODIFIED DEFINITION BY RULEMAKING.— There is authorized to be appropriated to was compromised. Those entities who The Commission may, by rule promulgated the Commission $1,000,000 for each of fiscal determine that there is no reasonable under section 553 of title 5, United States years 2010 through 2015 to carry out this Act. risk of identity theft, fraud, or other Code, modify the definition of ‘‘personal in- The SPEAKER pro tempore. Pursu- formation’’ under subparagraph (A)— unlawful conduct would be exempt (i) for the purpose of section 2 to the ex- ant to the rule, the gentleman from Il- from providing nationwide notice to af- tent that such modification will not unrea- linois (Mr. RUSH) and the gentleman fected persons under H.R. 2221. sonably impede interstate commerce, and from Florida (Mr. STEARNS) each will The DATA Act establishes a rebuttal will accomplish the purposes of this Act; or control 20 minutes. presumption in the law that (ii) for the purpose of section 3, to the ex- The Chair recognizes the gentleman encryption-based technologies and tent that such modification is necessary to from Illinois. methodologies adequately meet the de- accommodate changes in technology or prac- GENERAL LEAVE tices, will not unreasonably impede inter- termination standard in section 3, sub- state commerce, and will accomplish the Mr. RUSH. Mr. Speaker, I ask unani- section (f)(2)(A) of the bill. More nar- purposes of this Act. mous consent that all Members may row exemptions are provided for a de- (8) PUBLIC RECORD INFORMATION.—The term have 5 legislative days in which to re- fined category of personal information ‘‘public record information’’ means informa- vise and extend their remarks and in- holders known as ‘‘service providers’’ tion about an individual which has been ob- clude extraneous material in the in addition to information brokers who tained originally from records of a Federal, RECORD. handle protective data but only for the State, or local government entity that are The SPEAKER pro tempore. Is there limited purposes of preventing fraud. available for public inspection. objection to the request of the gen- In promulgating the regulations (9) NON-PUBLIC INFORMATION.—The term ‘‘non-public information’’ means informa- tleman from Illinois? under this subsection, the FTC may de- tion about an individual that is of a private There was no objection. termine to be in compliance any person nature and neither available to the general Mr. RUSH. Mr. Speaker, I yield my- who is required under any other Fed- public nor obtained from a public record. self such time as I may consume. eral law to maintain standards and

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.036 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13591 safeguards for information security Importantly, H.R. 2221 does not im- ly and necessary to give the record and protection of personal information pose duplicative, inconsistent, or over- number of data breaches that are oc- that provide equal or greater protec- lapping regulations. The bill ensures curring across this country their due tion than H.R. 2221. that any person who is in compliance and protection. So I urge my col- Mr. Speaker, I reserve the balance of with a similar data security law will leagues at this time to support the bill. my time. then be deemed to be in compliance Mr. Speaker, I have no further re- Mr. STEARNS. Mr. Speaker, I yield with H.R. 2221. Additionally, with re- quests for time, and I yield back the myself such time as I may consume. spect to concerns that were raised balance of my time. Mr. Speaker, I rise in support of H.R. about the access and dispute resolution Mr. RUSH. Mr. Speaker, as has been 2221, the Data Accountability and requirements for information brokers, noted, and as is obvious here, H.R. 2221 Trust Act, and I am very pleased and the DATA bill provides that if an infor- is a bipartisan bill that is the result of gratified that we’re considering this mation broker is in compliance with a cooperative process. This bill was bill today. I’ve taken an active part similar relevant laws, then the infor- first introduced in the 109th Congress and interest in data privacy, and I am mation broker will also be deemed to by Representative STEARNS as the lead happy that the House Members will be in compliance with respect to that sponsor when the Republicans were in now finally have an opportunity to information. the majority. It was voted out of full vote on this important legislation Members should also note that the committee by a unanimous recorded which, frankly, I introduced in its Data Accountability and Trust Act vote. This year, it was introduced by original form in the 109th Congress. only applies to those entities that are myself as lead sponsor, and after mak- As former chairman of the Sub- subject to Federal Trade Commission ing further improvements to the bill, it committee on Commerce, Trade, and jurisdiction. Banks, savings and loan was voted out of full committee by Consumer Protection, CTCP, of the En- institutions, thrifts, and the business voice vote. Compromises were made on ergy and Commerce Committee, I held of insurance are not subject to the re- all sides to produce an effective piece two hearings in 2005 on identity theft quirements of this bill. of legislation. and security breaches involving per- Consideration of this bill today is I would like to thank both Members sonal information. These hearings led timely, as data security, data privacy and staff from both sides of the aisle me to introduce the Data Account- problems continue to affect countless for their work on this bill. I want to ability and Trust Act, which would re- Americans each year. In fact, accord- thank Mr. STEARNS, Mr. BARTON, Mr. quire any entity that experiences a ing to Privacy Rights Clearinghouse, RADANOVICH, Ms. SCHAKOWSKY, and the simple breach of security, such as a almost 340 million records containing chairman of the full committee, Mr. business, to notify all those folks in ‘‘sensitive personal information’’ have WAXMAN, for working in a bipartisan the United States whose information been ‘‘involved in security breaches fashion to move this important legisla- was acquired by an unauthorized per- since 2005.’’ tion forward. Mr. Speaker, it is, again, unaccept- son as a result of this breach. My bill One of the largest known breaches in able that in 2009 there is no comprehen- was reported out of the Energy and our country actually occurred in Janu- sive Federal law that requires all com- Commerce Committee by a unanimous ary of this year at Heartland Payment panies that hold consumers’ personal vote, but, unfortunately, it never made Systems. In this case over 180 million information to protect that data. It is its way to the House floor for a final personal records were compromised. equally unacceptable that there is no vote. Furthermore, universities across this Federal law requiring companies that But today we’re considering legisla- Nation have had names, photos, phone experience a data breach to provide no- tion that is almost identical to the bill numbers, and addresses of their stu- tice to those consumers whose personal I sponsored when I was chairman of the dents and their staff compromised or information was compromised. This CTCP Subcommittee. So I would like stolen. Sensitive technology companies such as SAIC, Science Application bill creates uniform, nationwide stand- to commend Chairman BOBBY RUSH for International Corporation, and large fi- ards for breach notification. That’s not his leadership in introducing this bill, nancial institutions such as Bank of only good for consumers, but uniform and I’m proud to be the original co- America have also experienced these standards are also good for business, sponsor of the bill. good for Americans, and good for our My colleagues, importantly, this bill breaches. Hundreds of hospitals have constituents. We need this law, and I requires an audit of a data broker’s se- had the personal information of their patients in their hospitals com- urge my colleagues to support and pass curity practices following a breach of promised. H.R. 2221. security. The legislation also directs Earlier this year, hackers broke into Mr. Speaker, I yield back the balance the Federal Trade Commission to cre- a Virginia State Web site used by phar- of my time. ate rules requiring persons in inter- macists to track prescription drug The SPEAKER pro tempore. The state commerce that own or possess abuse. They successfully deleted question is on the motion offered by data to simply establish and imple- records of more than 8 million patients the gentleman from Illinois (Mr. RUSH) ment security policies and procedures and replaced the site’s home page with that the House suspend the rules and that protect this data from unauthor- a ransom note demanding $10 million pass the bill, H.R. 2221, as amended. ized use and requires data brokers to for the return of these records. The question was taken; and (two- establish reasonable procedures to Breaches have also occurred in the thirds being in the affirmative) the verify the accuracy of their data and Department of Motor Vehicles; the rules were suspended and the bill, as also to allow consumers access to such IRS; the Federal Trade Commission amended, was passed. information while also including im- itself; the FDIC, which is the Federal The title was amended so as to read: portant protections to prevent Deposit Insurance Corporation; the ‘‘A bill to protect consumers by requir- fraudsters from accessing this same in- State Department; the Department of ing reasonable security policies and formation. Veterans Affairs; the Department of procedures to protect data containing The DATA bill also directs the Fed- Justice. Of course, the list goes on and personal information, and to provide eral Trade Commission, the FTC, to on. for nationwide notice in the event of a post data breaches on its Web site, security breach.’’. making important data breach infor- b 1500 A motion to reconsider was laid on mation readily available to the public. Oftentimes, these data security the table. The CTCP Subcommittee worked in a breaches can lead to credit card fraud f bipartisan manner to address a few and even identity theft, which can re- concerns that were raised about the quire time and a whole lot of money INFORMED P2P USER ACT broad scope of this bill, such as worries and energy from consumers to simply Mr. RUSH. Mr. Speaker, I move to about duplicative regulations; but our repair their good name and to restore suspend the rules and pass the bill staff committee worked in a bipartisan their credit history. (H.R. 1319) to prevent the inadvertent manner to solve these problems. So Consideration of this bill, the Data disclosure of information on a com- they have been mitigated. Accountability and Trust Act, is time- puter through the use of certain ‘‘peer-

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.082 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13592 CONGRESSIONAL RECORD — HOUSE December 8, 2009 to-peer’’ file sharing software without (2) to prevent an owner or authorized user (iii) provide network or computer security, first providing notice and obtaining of a protected computer from having a rea- network management, hosting and backup consent from the owner or authorized sonable means to either— services, maintenance, diagnostics, technical user of the computer, as amended. (A) disable from the protected computer support or repair, or to detect or prevent The Clerk read the title of the bill. any covered file-sharing program; or fraudulent activities; and The text of the bill is as follows: (B) remove from the protected computer (5) the term ‘‘initial activation of a file- any covered file-sharing program that the sharing function’’ means— H.R. 1319 covered entity caused to be installed on that (A) the first time the file sharing function Be it enacted by the Senate and House of Rep- computer or induced another individual to of a covered file-sharing program is acti- resentatives of the United States of America in install. vated on a protected computer; and Congress assembled, SEC. 3. ENFORCEMENT. (B) does not include subsequent uses of the SECTION 1. SHORT TITLE. (a) UNFAIR AND DECEPTIVE ACTS AND PRAC- program on that protected computer. This Act may be cited as the ‘‘Informed TICES.—A violation of section 2 shall be SEC. 5. RULEMAKING. P2P User Act’’. treated as a violation of a rule defining an The Federal Trade Commission may pro- SEC. 2. CONDUCT PROHIBITED. unfair or deceptive act or practice prescribed mulgate regulations under section 553 of (a) NOTICE AND CONSENT REQUIRED FOR under section 18(a)(1)(B) of the Federal Trade title 5, United States Code to accomplish the FILE-SHARING SOFTWARE.— Commission Act (15 U.S.C. 57a(a)(1)(B)). purposes of this Act. In promulgating rules (1) NOTICE AND CONSENT REQUIRED PRIOR TO (b) FEDERAL TRADE COMMISSION ENFORCE- under this Act, the Federal Trade Commis- INSTALLATION.—It is unlawful for any cov- MENT.—The Federal Trade Commission shall sion shall not require the deployment or use ered entity to install on a protected com- enforce this Act in the same manner, by the of any specific products or technologies. puter or offer or make available for installa- same means, and with the same jurisdiction SEC. 6. NONAPPLICATION TO GOVERNMENT. tion or download on a protected computer a as though all applicable terms and provisions covered file-sharing program unless such The prohibition in section 2 of this Act of the Federal Trade Commission Act were shall not apply to the Federal Government program— incorporated into and made a part of this (A) immediately prior to the installation or any instrumentality of the Federal Gov- Act. or downloading of such program— ernment, nor to any State government or (c) PRESERVATION OF FEDERAL AND STATE (i) provides clear and conspicuous notice government of a subdivision of a State. AUTHORITY.—Nothing in this Act shall be that such program allows files on the pro- construed to limit or supersede any other The SPEAKER pro tempore. Pursu- tected computer to be made available for Federal or State law. ant to the rule, the gentleman from Il- searching by and copying to one or more linois (Mr. RUSH) and the gentleman other computers; and SEC. 4. DEFINITIONS. from Florida (Mr. STEARNS) each will (ii) obtains the informed consent to the in- As used in this Act— stallation of such program from an owner or (1) the term ‘‘commercial entity’’ means control 20 minutes. authorized user of the protected computer; an entity engaged in acts or practices in or The Chair recognizes the gentleman and affecting commerce, as such term is defined from Illinois. (B) immediately prior to initial activation in section 4 of the Federal Trade Commission GENERAL LEAVE of a file-sharing function of such program— Act (15 U.S.C. 44); (2) the term ‘‘covered entity’’ means— Mr. RUSH. Mr. Speaker, I ask unani- (i) provides clear and conspicuous notice of mous consent that all Members may which files on the protected computer are to (A) a commercial entity that develops a be made available for searching by and copy- covered file-sharing program; and have 5 legislative days in which to re- ing to another computer; and (B) a commercial entity that disseminates vise and extend their remarks and in- (ii) obtains the informed consent from an or distributes a covered file-sharing program clude extraneous material in the owner or authorized user of the protected and is owned or operated by the commercial RECORD. computer for such files to be made available entity that developed the covered file-shar- The SPEAKER pro tempore. Is there for searching and copying to another com- ing program; objection to the request of the gen- puter. (3) the term ‘‘protected computer’’ has the tleman from Illinois? meaning given such term in section 1030(e)(2) (2) NON-APPLICATION TO PRE-INSTALLED There was no objection. SOFTWARE.—Nothing in paragraph (1)(A) of title 18, United States Code; and shall apply to the installation of a covered (4) the term ‘‘covered file-sharing pro- Mr. RUSH. Mr. Speaker, I yield my- file-sharing program on a computer prior to gram’’— self such time as I may consume. the first sale of such computer to an end (A) means a program, application, or soft- Mr. Speaker, this second bill which I user, provided that notice is provided to the ware that is commercially marketed or dis- am urging adoption of is H.R. 1319, the end user who first purchases the computer tributed to the public and that enables— Informed P2P User Act. that such a program has been installed on (i) a file or files on the protected computer H.R. 1319 was originally introduced the computer. on which such program is installed to be des- by the gentlelady from California, Mrs. (3) NON-APPLICATION TO SOFTWARE UP- ignated as available for searching by and copying to one or more other computers BONO MACK; Ranking Member BARTON, GRADES.—Once the notice and consent re- the gentleman from Texas; and Mr. quirements of paragraphs (1)(A) and (1)(B) owned by another person; have been satisfied with respect to the in- (ii) the searching of files on the protected BARROW, the gentleman from Georgia. stallation or initial activation of a covered computer on which such program is installed H.R. 1319, similar to H.R. 2221, would file-sharing program on a protected com- and the copying of any such file to a com- better enable consumers to secure per- puter after the effective date of this Act, the puter owned by another person— sonal information. The focus under notice and consent requirements of para- (I) at the initiative of such other computer H.R. 1319 is on personal information graphs (1)(A) and (1)(B) do not apply to the and without requiring any action by an which resides on ‘‘protected com- installation or initial activation of software owner or authorized user of the protected puters.’’ By making these users of file- computer on which such program is in- modifications or upgrades to a covered file- sharing software programs more aware sharing program installed on that protected stalled; and computer at the time of the software modi- (II) without requiring an owner or author- of the risk involved in downloading and fications or upgrades so long as those soft- ized user of the protected computer on which running these programs, the P2P Act ware modifications or upgrades do not— such program is installed to have selected or will reduce inadvertent disclosures of (A) make files on the protected computer designated a computer owned by another sensitive information over the Inter- available for searching by and copying to one person as the recipient of any such file; and net. or more other computers that were not al- (iii) the protected computer on which such Under H.R. 1319, developers of file- ready made available by the covered file- program is installed to search files on one or sharing software programs would be more other computers owned by another per- sharing program for searching by and copy- prohibited from installing their soft- ing to one or more other computers; or son using the same or a compatible program, (B) add to the types or locations of files application, or software, and to copy files ware or from making it available for that can be made available by the covered from the other computer to such protected installation or downloading without file-sharing program for searching by and computer; and first notifying consumers that their copying to one or more other computers. (B) does not include a program, applica- software is capable of searching and (b) PREVENTING THE DISABLING OR REMOVAL tion, or software designed primarily to— copying files from their computers. De- OF CERTAIN SOFTWARE.—It is unlawful for (i) operate as a server that is accessible velopers would also have to provide any covered entity— over the Internet using the Internet Domain consumers with a reasonable means to (1) to prevent the reasonable efforts of an Name system; owner or authorized user of a protected com- (ii) transmit or receive email messages, in- disable or remove the file-sharing pro- puter from blocking the installation of a stant messaging, real-time audio or video gram. H.R. 1319 would not require user covered file-sharing program or file-sharing communications, or real-time voice commu- notice prior to installation for software function thereof; or nications; or that was installed prior to the initial

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.085 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13593 sale of a computer so long as notice of One, it will create a system where involved Supreme Court Justice Ste- the installation of a covered program is users of file-sharing programs are pro- phen Breyer. provided in some other form. vided with conspicuous notice and There are all kinds of legitimate The P2P Act would also provide the forced to give consent prior to installa- peer-to-peer software packages out FTC with discretionary rulemaking au- tion and activation of a file-sharing there, and we are working real hard to thority and expressly states that it program. And two, requires entities make sure that none of those are im- does not apply to the Federal Govern- that develop file-sharing programs to pacted or limited by what is proposed ment. make it reasonably simple to block or by this legislation, and the committee Mr. Speaker, I reserve the balance of remove these programs once they are members are going to continue to my time. installed. make sure that the scope of this bill Mr. STEARNS. Mr. Speaker, I yield Additionally, this act will require an doesn’t interfere with the productive myself such time as I may consume, easy-to-understand notice and consent capacity of this technology. But this and I also rise in support of H.R. 1319, rule for file-sharing software. It is my bipartisan bill is critical to protecting the Informed P2P User Act of 2009. belief that when the consumer is pro- the privacy and Internet safety of For the second consecutive Congress, vided with this information, he or she American families. We have truth in Mrs. BONO MACK has introduced this will make a more informed choice. lending and truth in labeling. I think legislation because too many American Finally, my colleagues, the Informed it’s time we had truth in networking. consumers are having their personal P2P User Act ensures a narrow scope I want to thank Congresswoman information stolen and their lives by exempting technologies like e-mail, BONO MACK for her leadership and Con- wrecked by the careless distribution of instant messaging, real-time audio or gressman BARTON for his sponsoring file-sharing software which more often video communications, and real-time this bill and working with me on this than not is used to distribute copy- voice communications. important legislation. I urge my col- right-infringing content and child por- This bill has broad bipartisan sup- leagues to vote in support of the In- nography. These file-sharing software port, including 36 cosponsors, written formed Peer-to-Peer User Act. distributors can no longer be trusted to endorsement of 41 State Attorneys Mr. STEARNS. Mr. Speaker, I yield 2 do the right thing. General, and the full backing of child The problem of inadvertent file shar- minutes to the gentlelady from Ten- ing caused by peer-to-peer programs safety groups such as Stop Child Preda- nessee (Mrs. BLACKBURN). has been felt by thousands of con- tors. Mrs. BLACKBURN. Mr. Speaker, I I would like to commend Congress- sumers and widely reported by the am pleased to rise in support of the In- woman BONO MACK for all the work she press. Recent high profile cases, like formed Peer-to-Peer User Act. Marine One schematics being found on has done here; the ranking member on As we are hearing today on the floor, a network in Iran, the public avail- our committee, Mr. BARTON; obviously it is imperative that we heighten pub- ability of United States Supreme Court Mr. RUSH for being on the floor; and lic awareness of the dangers associated Justice Breyer’s financial records, and Congressman BARROW for his leader- with P2P file sharing, and Mr. BARROW the compromising of our own House ship on this issue. I encourage the pas- just spoke so well to those points. Committee on Standards of Official sage of this bill. The reason that this legislation is Conduct’s network security only serve Mr. Speaker, I reserve the balance of needed and why it effectively requires to underscore the dangers associated my time. software applications to provide clear with file-sharing software and the im- Mr. RUSH. Mr. Speaker, it is my warnings to their users is because, as portance of providing American con- pleasure to now yield 5 minutes to the the gentleman from Georgia indicated, sumers with the tools and information gentleman from Georgia (Mr. BARROW). many people are not aware of what Mr. BARROW. I thank the chairman they need to make wise decisions on- they are finding themselves in the mid- line. of the subcommittee for his leadership dle of as their information is exposed As a believer in the power of the free on this issue and for yielding. on the Internet. market, I am willing to afford commer- Mr. Speaker, I rise today in support In addition, the Seventh District of cial interest the opportunity to simply of H.R. 1319, the Informed Peer-to-Peer Tennessee, my district, is home to self-regulate; however, the distributors User Act, which I introduced with Rep- some of the country’s most talented of file-sharing software have proven resentatives BONO MACK and BARTON. and creative minds in the music indus- they are either unable or unwilling to We live in a world where digital tech- try, and they rely heavily on P2P file handle their affairs without interven- nology connects people in ways that sharing in crafting and bringing for- tion. This bill is the logical con- make all kinds of collaboration and in- ward their music. novation possible. There is no question sequence. b 1515 In the House of Representatives about the benefits of this technology; alone, inadvertent file sharing has been what I am worried about is the cost. However, P2P programs are notorious the subject of at least five congres- This technology has made us all more for stealing copyrighted work, and this sional hearings in three separate com- productive all right, but it has also legislation does much to curb the pi- mittees. In each hearing, distributors made it easier for others to invade our racy and the copyright infringement of file-sharing software have come personal records and reveal private in- while stepping up penalties that are forth with a list of voluntary best prac- formation about us and our families badly needed for those that are know- tices or a commitment to correct the that we would never choose to disclose. ingly and willingly carrying out these problem, but in each instance they This bill will protect consumers by violations. Unknown and untracked have failed to deliver. making Internet users more aware of predators have been given fertile The Informed P2P User Act improves the inherent privacy and security risks ground to steal intellectual property in upon existing law because its sub- associated with peer-to-peer file-shar- a system that had been previously void stantive requirements very narrowly ing programs. of any centralized mechanism to track, target the critical problem of inad- All too often, folks who connect to monitor, and prosecute the violators. vertent sharing. Unfortunately, many these networks don’t even realize that I do want to commend those on both users of the software—particularly their most personal and private files sides of the aisle, especially Mr. BAR- preteens or teenage children and their are visible to everyone else on the net- ROW, Mrs. BONO MACK, Mr. BARTON, and parents—are unaware of the potential work at any time. They are posting Mr. STEARNS, for all their hard work in dangers of file-sharing software. Today, their tax returns, their financial crafting this bill, and I encourage ev- by passing the Informed P2P User Act, records, and personal messages on the eryone to support the legislation. we will move that much closer to arm- Internet and they don’t even know it. Mr. STEARNS. Mr. Speaker, I have ing American consumers with the in- Recent reports have shown that peer- no further speakers. formation they need to protect their to-peer software was implicated in a se- I would just conclude by saying, of- personal information. curity breach involving Marine One— tentimes when we come to the floor, we Now, I thought I would go into what the helicopter used by President have very controversial bills. We’ve the bill includes: Obama—and another high profile case had two consecutive bills here that had

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.086 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13594 CONGRESSIONAL RECORD — HOUSE December 8, 2009 bipartisan support. So it’s important, I of 1986 is amended by striking ‘‘December 31, (g) Section 49108 of such title is amended think, the American people realize that 2009’’ and inserting ‘‘March 31, 2010’’. by striking ‘‘December 31, 2009,’’ and insert- Congress can get things done, and (b) TICKET TAXES.— ing ‘‘March 31, 2010,’’. (1) PERSONS.—Clause (ii) of section (h) Section 161 of the Vision 100—Century these two bills are the best example of 4261(j)(1)(A) of the Internal Revenue Code of of Aviation Reauthorization Act (49 U.S.C. it. And so I urge all my colleagues to 1986 is amended by striking ‘‘December 31, 47109 note) is amended by striking ‘‘January support this act. 2009’’ and inserting ‘‘March 31, 2010’’. 1, 2010,’’ and inserting ‘‘April 1, 2010,’’. I yield back the balance of my time. (2) PROPERTY.—Clause (ii) of section (i) Section 186(d) of such Act (117 Stat. Mr. RUSH. Mr. Speaker, I yield my- 4271(d)(1)(A) of such Code is amended by 2518) is amended by striking ‘‘January 1, self as much time as I may consume for striking ‘‘December 31, 2009’’ and inserting 2010,’’ and inserting ‘‘April 1, 2010,’’. a closing statement. ‘‘March 31, 2010’’. (j) The amendments made by this section (c) EFFECTIVE DATE.—The amendments Mr. Speaker, again, as the gentleman shall take effect on January 1, 2010. made by this section shall take effect on SEC. 6. FEDERAL AVIATION ADMINISTRATION OP- from Florida has indicated, this is a bi- January 1, 2010. ERATIONS. partisan bill. It is the result of a very SEC. 3. EXTENSION OF AIRPORT AND AIRWAY Section 106(k)(1)(F) of title 49, United intense and cooperative process. It was TRUST FUND EXPENDITURE AU- States Code, is amended to read as follows: voted out of the full committee by a THORITY. ‘‘(F) $4,676,574,750 for the 6-month period unanimous recorded vote. (a) IN GENERAL.—Paragraph (1) of section beginning on October 1, 2009.’’. 9502(d) of the Internal Revenue Code of 1986 Mr. Speaker, I would like to thank SEC. 7. AIR NAVIGATION FACILITIES AND EQUIP- is amended— MENT. both Members and the staffs on both (1) by striking ‘‘January 1, 2010’’ and in- sides of the aisle for their hard work on Section 48101(a)(6) of title 49, United States serting ‘‘April 1, 2010’’; and Code, is amended to read as follows: this important piece of legislation. I (2) by inserting ‘‘or the Fiscal Year 2010 ‘‘(6) $1,466,888,500 for the 6-month period be- want to thank, in particular, Mrs. Federal Aviation Administration Extension ginning on October 1, 2009.’’. BONO MACK, Mr. BARTON, Mr. BARROW, Act, Part II’’ before the semicolon at the end of subparagraph (A). SEC. 8. RESEARCH, ENGINEERING, AND DEVEL- Mr. WAXMAN, Mr. RADANOVICH, and oth- OPMENT. (b) CONFORMING AMENDMENT.—Paragraph ers for working in a true bipartisan (2) of section 9502(e) of such Code is amended Section 48102(a)(14) of title 49, United fashion to move this important piece of by striking ‘‘January 1, 2010’’ and inserting States Code, is amended to read as follows: legislation and to move it forward. ‘‘April 1, 2010’’. ‘‘(14) $92,500,000 for the 6-month period be- Mr. Speaker, I urge all my colleagues (c) EFFECTIVE DATE.—The amendments ginning on October 1, 2009.’’. to vote for this bill and to approve this made by this section shall take effect on The SPEAKER pro tempore. Pursu- bill. January 1, 2010. ant to the rule, the gentleman from SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT Georgia (Mr. LEWIS) and the gentleman I yield back the balance of my time. PROGRAM. from Ohio (Mr. TIBERI) each will con- The SPEAKER pro tempore. The (a) AUTHORIZATION OF APPROPRIATIONS.— question is on the motion offered by (1) IN GENERAL.—Section 48103(7) of title 49, trol 20 minutes. the gentleman from Illinois (Mr. RUSH) United States Code, is amended to read as The Chair recognizes the gentleman that the House suspend the rules and follows: from Georgia. pass the bill, H.R. 1319, as amended. ‘‘(7) $2,000,000,000 for the 6-month period be- GENERAL LEAVE The question was taken; and (two- ginning on October 1, 2009.’’. Mr. LEWIS of Georgia. Mr. Speaker, (2) OBLIGATION OF AMOUNTS.—Sums made thirds being in the affirmative) the I ask unanimous consent to give Mem- available pursuant to the amendment made bers 5 legislative days to revise and ex- rules were suspended and the bill, as by paragraph (1) may be obligated at any amended, was passed. time through September 30, 2010, and shall tend their remarks on H.R. 4217. The title was amended so as to read: remain available until expended. The SPEAKER pro tempore. Is there ‘‘A bill to prevent the inadvertent dis- (3) PROGRAM IMPLEMENTATION.—For pur- objection to the request of the gen- closure of information on a computer poses of calculating funding apportionments tleman from Georgia? through certain ‘peer-to-peer’ file shar- and meeting other requirements under sec- There was no objection. ing programs without first providing tions 47114, 47115, 47116, and 47117 of title 49, Mr. LEWIS of Georgia. Mr. Speaker, United States Code, for the 6-month period I yield myself as much time as I may notice and obtaining consent from an beginning on October 1, 2009, the Adminis- owner or authorized user of the com- consume. trator of the Federal Aviation Administra- H.R. 4217, the Fiscal Year 2010 FAA puter.’’. tion shall— A motion to reconsider was laid on (A) first calculate funding apportionments Extension Act, Part II, extends the fi- the table. on an annualized basis as if the total amount nancing and spending authority for the available under section 48103 of such title for Airport and Airway Trust Fund. The f fiscal year 2010 were $4,000,000,000; and trust fund taxes and spending author- FISCAL YEAR 2010 FEDERAL AVIA- (B) then reduce by 50 percent— ity are scheduled to expire on Decem- TION ADMINISTRATION EXTEN- (i) all funding apportionments calculated ber 31, 2009, a few days from now. This SION ACT, PART II under subparagraph (A); and bill simply extends these taxes for 3 (ii) amounts available pursuant to sections Mr. LEWIS of Georgia. Mr. Speaker, months. 47117(b) and 47117(f)(2) of such title. Earlier this year, the House passed I move to suspend the rules and pass (b) PROJECT GRANT AUTHORITY.—Section legislation allowing the trust fund to the bill (H.R. 4217) to amend the Inter- 47104(c) of such title is amended by striking operate through 2012. Unfortunately, nal Revenue Code of 1986 to extend the ‘‘December 31, 2009,’’ and inserting ‘‘March 31, 2010,’’. the Senate has not considered this im- funding and expenditure authority of SEC. 5. EXTENSION OF EXPIRING AUTHORITIES. portant legislation. Today’s bill simply the Airport and Airway Trust Fund, to (a) Section 40117(l)(7) of title 49, United keeps the Airport and Airway Trust amend title 49, United States Code, to States Code, is amended by striking ‘‘Janu- Fund taxes and operations in place extend authorizations for the airport ary 1, 2010.’’ and inserting ‘‘April 1, 2010.’’. until a long-term measure can be improvement program, and for other (b) Section 44302(f)(1) of such title is signed into law. purposes. amended— Air travel plays a critical role in our The Clerk read the title of the bill. (1) by striking ‘‘December 31, 2009,’’ and in- serting ‘‘March 31, 2010,’’; and economy and in our lives. The world’s The text of the bill is as follows: (2) by striking ‘‘March 31, 2010,’’ and insert- busiest passenger airport, Hartsfield- H.R. 4217 ing ‘‘June 30, 2010,’’. Jackson Atlanta International Airport, Be it enacted by the Senate and House of Rep- (c) Section 44303(b) of such title is amended is located in my congressional district. by striking ‘‘March 31, 2010,’’ and inserting resentatives of the United States of America in This airport alone has a direct impact Congress assembled, ‘‘June 30, 2010,’’. (d) Section 47107(s)(3) of such title is of $24 billion on our economy. Failure SECTION 1. SHORT TITLE. amended by striking ‘‘January 1, 2010.’’ and to act will prevent the FAA from This Act may be cited as the ‘‘Fiscal Year inserting ‘‘April 1, 2010.’’. spending funds that are already in the 2010 Federal Aviation Administration Exten- (e) Section 47115(j) of such title is amended sion Act, Part II’’. trust fund. As a result, important air- by striking ‘‘January 1, 2010,’’ and inserting port construction projects around the SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT ‘‘April 1, 2010,’’. AND AIRWAY TRUST FUND. (f) Section 47141(f) of such title is amended country would shut down. (a) FUEL TAXES.—Subparagraph (B) of sec- by striking ‘‘December 31, 2009.’’ and insert- This bill also extends a number of au- tion 4081(d)(2) of the Internal Revenue Code ing ‘‘March 31, 2010.’’. thorizing provisions that are under the

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.088 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13595 jurisdiction of the Transportation and the other side of the aisle in support of tion’s funding and authority through Infrastructure Committee, led by my this legislation today. the end of calendar year 2009. The lat- good and close friend, Chairman OBER- Mr. Speaker, I reserve the balance of est extension expires at the end of this STAR. All of those provisions were my time. month, so today we’re considering an- passed by this body in a similar bill Mr. LEWIS of Georgia. Mr. Speaker, other extension. that extended these expiring tax provi- I am pleased to yield 3 minutes to the H.R. 4217 would extend the taxes, pro- sions. If we fail to act on this bill, Mr. gentleman from Illinois, the chairman grams, and funding of the FAA through Speaker, I will repeat, if we fail to act of the Aviation Subcommittee, my March of 2010. This bill extends FAA on this bill, the trust fund will lose the good friend, Mr. COSTELLO. funding and contract authority for 3 revenue that we need for airport con- Mr. COSTELLO. Mr. Speaker, I rise months, provides $1 billion in airport struction and the air traffic control in support of H.R. 4217, Fiscal Year 2010 improvement funding through March system. Federal Aviation Administration Ex- 2010, extends the War Risk Insurance I hope all of my colleagues will join tension Act. I want to thank Chairman program, and extends the Small Com- me in supporting this good and nec- RANGEL and Ranking Member CAMP as munity Air Service Development Pro- essary bill. well as Chairman OBERSTAR and Rank- gram. The bill before us, H.R. 4217, will I reserve the balance of my time, Mr. ing Member MICA and Mr. PETRI for ensure that our national aviation sys- Speaker. bringing this to the floor today. tem continues to operate until a full Mr. TIBERI. Mr. Speaker, I yield my- The FAA has been operating under a FAA reauthorization can be enacted. self as much time as I may consume. string of short-term extensions for over As I’ve indicated many times since (Mr. TIBERI asked and was given 2 years, since the last FAA reauthor- the passage of the House FAA reau- permission to revise and extend his re- ization bill expired. Short-term exten- thorization bill back in 2007, we need to marks.) sions and uncertain funding levels can pass a long-term bill so that we can Mr. TIBERI. Mr. Speaker, I rise in be disruptive to the aviation industry meet the growing demands placed on support of H.R. 4217. and to communities because they do our Nation’s aviation infrastructure. Mr. Speaker, this is a straight- not allow them to plan for long-term Modernizing our antiquated air traffic forward bill, one that will provide a 3- growth. Every month that goes by control system and repairing our crum- month extension of various excise without a long-term FAA authoriza- bling infrastructure need to be at the taxes that support the Airport and Air- tion is a lost opportunity to improve top of our priorities. way Trust Fund, as well as the trust aviation safety, security, and to create While I have some concerns with the fund’s expenditure authorities. These and maintain jobs around the country. House-passed bill, I look forward to ad- taxes and authorities are currently Mr. Speaker, the House did its job dressing these issues in conference to scheduled to expire at the end of the and passed H.R. 915, the FAA Reauthor- develop bipartisan solutions on some of month, and today’s legislation will per- ization Act of 2009, a 3-year authoriza- the more controversial provisions of mit this Congress the time it needs to tion of the FAA programs. For several the act. I urge my colleagues in the consider a longer-term FAA reauthor- months, we have been waiting on the other body to complete their work on a ization bill. other body to bring a bill to the floor comprehensive FAA reauthorization As the ranking member of the Select and to pass it. The Airport and Airways package in a timely fashion. And while Revenue Subcommittee within the Trust Fund will expire on December 31, I’m disappointed that the FAA has Ways and Means Committee, I’m 2009, and the bill before us today, H.R. gone so long without a comprehensive pleased that Chairman RANGEL held a 4217, extends aviation taxes and ex- reauthorization, I support this exten- hearing earlier this year to examine penditures authority and the Airport sion as the best alternative to keep the tax issues related to the Airport and Improvement Program contract au- FAA and the National Airspace System Airway Trust Fund. I certainly look thority until March 31, 2010. running safely until we can take up forward to working with Chairman H.R. 4217 also provides an additional and pass a bipartisan and bicameral RANGEL, Chairman LEWIS, and all the $2 billion in AIP contract authority, bill. members of our committee over the resulting in an annualized amount of $4 months ahead as we determine whether billion for fiscal year 2010. Four billion b 1530 modifications to the financing struc- dollars for AIP is consistent with the Mr. LEWIS of Georgia. I reserve the ture of the Airport and Airway Trust House and Senate reauthorization bills, balance of my time. Fund are warranted going forward. as well as the fiscal year 2010 concur- Mr. TIBERI. I will close by asking, Ways and Means is clearly the appro- rent budget resolution. These addi- again, my colleagues to support the priate committee of jurisdiction re- tional funds will allow airports to con- measure. I yield back the balance of garding these tax issues, and I antici- tinue critical safety and capacity en- my time. pate working with other Ways and hancement projects. Mr. LEWIS of Georgia. Mr. Speaker, Means members of both parties to en- Congress must ensure that this ex- I fully support H.R. 4217. Simply said, sure that our committee continues to tension passes to reduce delays and Mr. Speaker, we must make sure that shape FAA reauthorization as it pro- congestion, improve safety and effi- the FAA remains funded. I urge my ceeds forward. ciency, stimulate the economy and cre- colleagues on both sides of the aisle to I would note for my colleagues that ate jobs. Mr. Speaker, I urge my col- vote ‘‘yes’’ on this bill. under the Congressional Budget Office leagues to support this bill. Mr. OBERSTAR. Mr. Speaker, I rise in baseline, expiring excise taxes that are Mr. TIBERI. Mr. Speaker, I yield 5 strong support of H.R. 4217, the ‘‘Fiscal Year dedicated to a trust fund are assumed minutes to an expert on transportation 2010 Federal Aviation Administration Exten- to be extended at current rates for issues in this Congress, a true leader, sion Act, Part II’’. budgeting purposes. Consequently, the the gentleman from Wisconsin (Mr. The previous long-term Federal Aviation Ad- Joint Committee on Taxation is ex- PETRI). ministration (FAA) reauthorization act, the Vi- pected to score H.R. 4217 as having no Mr. PETRI. In the 110th Congress, sion 100—Century of Aviation Reauthorization revenue effect, just as it has with simi- the House passed the FAA Reauthor- Act (P.L. 108–176) expired on September 30, lar short-term extensions of FAA taxes ization Act of 2007, and that legislation 2007. Although the House passed an FAA re- in the past. While many Members on reauthorized FAA for 4 years. In May authorization bill last Congress, the Senate did our side of the aisle would argue that of this year, the House voted again to not, resulting in the need for a series of short- the Congressional Budget Office and pass a comprehensive reauthorization term extension acts that, unfortunately, con- Joint Tax should make the same as- bill, this time H.R. 915, the FAA Reau- tinues to this day. sumption about expiring tax relief as thorization Act of 2009. Unfortunately, At the outset of this Congress, the House well, that is a bigger debate for an- the Senate has been unable to come to again passed a long-term FAA reauthorization other day. For now, it’s important that an agreement on its bill over the last bill. On May 21, 2009, the House passed H.R. we extend the current FAA excise two Congresses. So, for the past 2 915, the ‘‘FAA Reauthorization Act of 2009’’, taxes on a temporary basis, and I’m years, Congress has passed extensions which reauthorizes FAA programs for fiscal pleased to join with my colleagues on of the Federal Aviation Administra- years (FY) 2010 through 2012.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 9920 E:\CR\FM\K08DE7.090 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13596 CONGRESSIONAL RECORD — HOUSE December 8, 2009 However, this legislation is still pending in of the Social Security Act to prohibit The Chair recognizes the gentleman the Senate, as the other body has been un- retroactive payments to individuals from Tennessee. able to complete action on a long-term FAA during periods for which such individ- GENERAL LEAVE reauthorization bill. Given that the current au- uals are prisoners, fugitive felons, or Mr. TANNER. Mr. Speaker, I ask thority for aviation programs expires on De- probation or parole violators. unanimous consent that all Members cember 31, an extension of current law is nec- The Clerk read the title of the bill. have 5 legislative days to revise and ex- essary to continue financing of aviation pro- The text of the bill is as follows: tend their remarks on H.R. 4218. grams until a multi-year reauthorization bill can H.R. 4218 The SPEAKER pro tempore. Is there be completed. H.R. 4217 provides a three- Be it enacted by the Senate and House of Rep- objection to the request of the gen- month extension of aviation programs, through resentatives of the United States of America in tleman from Tennessee? March 31, 2010. Congress assembled, There was no objection. H.R. 4217 provides $2 billion in contract au- SECTION 1. SHORT TITLE. Mr. TANNER. Mr. Speaker, I yield thority for the Airport Improvement Program This Act may be cited as the ‘‘No Social myself such time as I might consume. Security Benefits for Prisoners Act of 2009’’. Mr. JOHNSON and I bring this bill to (AIP) through the end of March. This $2 billion SEC. 2. PROHIBITION OF RETROACTIVE TITLE II the floor today. It’s a stopgap measure, will enable airports to move forward with im- AND TITLE XVI PAYMENTS TO PRIS- Mr. Speaker. portant safety and capacity projects. When ONERS, FUGITIVE FELONS, AND PRO- BATION OR PAROLE VIOLATORS. The Social Security Act already pro- annualized, this level of AIP funding equals $4 hibits payment of Social Security and billion, which is consistent with both the House (a) AMENDMENTS TO TITLE II.—Section 204(a)(1)(B) of the Social Security Act (42 SSI benefits to individuals in prison and Senate FAA reauthorization bills, and the U.S.C. 404(a)(1)(B)) is amended— and to those who are fleeing to avoid FY 2010 Concurrent Budget Resolution. (1) by striking ‘‘(B) With’’ and inserting prosecution, custody, or confinement The bill also authorizes appropriations for ‘‘(B)(i) Subject to clause (ii), with’’; and for a felony. The law also prohibits FAA Operations, Facilities and Equipment (2) by adding at the end the following: payments to individuals violating a (F&E), and Research, Engineering, and Devel- ‘‘(ii) No payment shall be made under this condition of parole or probation. How- opment (RE&D) programs, consistent with av- subparagraph to any person during any pe- ever, payments of retroactive benefits erage funding levels of the FY 2010 House- riod for which monthly insurance benefits of owed to such individuals are not cur- such person— approved appropriations bill and the Senate- rently barred by law, and this ensures approved appropriations bill. ‘‘(I) are subject to nonpayment by reason of section 202(x)(1), or that retroactive payments are treated In addition, H.R. 4217 extends the aviation ‘‘(II) in the case of a person whose monthly the same as monthly benefits. excise taxes through March 31, 2010. These insurance benefits have terminated for a rea- The need for this law to be done taxes are necessary to support the Airport and son other than death, would be subject to quickly is because of a recent court de- Airway Trust Fund, which funds a substantial nonpayment by reason of section 202(x)(1) termination that the Social Security portion of the FAA’s budget. With an uncom- but for the termination of such benefits, Administration’s implementation of mitted cash balance of just $251 million at the until section 202(x)(1) no longer applies, or this prohibition for those fleeing pros- end of FY 2009, any lapse in the aviation would no longer apply in the case of benefits ecution or imprisonment was applied taxes could put the solvency of the Trust Fund that have terminated. too broadly. Without this legislation, ‘‘(iii) Nothing in clause (ii) shall be con- at risk. strued to limit the Commissioner’s authority the Social Security Administration In addition to extending the aviation taxes, to withhold amounts, make adjustments, or will be obligated under court order to H.R. 4217 extends the FAA’s authority to recover amounts due under this title, title make payments to some of these indi- make expenditures from the Airport and Air- VIII or title XVI that would be deducted viduals as early as next week. way Trust Fund through March 2010. from a payment that would otherwise be What Mr. JOHNSON and I wanted to do To allow aviation programs to continue payable to such person but for such clause.’’. was to bring this bill today and pass it under the same terms and conditions as were (b) AMENDMENTS TO TITLE XVI.—Section so we can get it to the Senate and give in effect during the previous authorization pe- 1631(b) of such Act (42 U.S.C. 1383(b)) is some guidance to the Social Security amended by adding at the end the following riod, H.R. 4217 also extends several other Administration in this regard. new paragraph: Mr. Speaker, with that, I reserve the provisions of Vision 100. ‘‘(7)(A) In the case of payment of less than I thank Chairman RANGEL, Chairman of the the correct amount of benefits to or on be- balance of my time. Mr. SAM JOHNSON of Texas. Mr. Committee on Ways and Means, for intro- half of any individual, no payment shall be Speaker, the point of this bill is sim- ducing this measure, and for his assistance in made to such individual pursuant to this ple. Social Security and supplemental ensuring the continued operation of aviation subsection during any period for which such security income benefits should not be programs. I also thank Ways and Means Com- individual— ‘‘(i) is not an eligible individual or eligible paid to prisoners, probation, or parole mittee Ranking Member CAMP and my Com- spouse under section 1611(e)(1) because such violators or fugitive felons. That is mittee colleagues, Ranking Member MICA, individual is an inmate of a public institu- why I joined the Ways and Means So- Subcommittee Chairman COSTELLO, and Sub- tion that is a jail, prison, or other penal in- cial Security Subcommittee with JOHN committee Ranking Member PETRI, for working stitution or correctional facility the purpose TANNER, who is great about looking with me on this critical legislation. of which is to confine individuals as de- into these things, and we cosponsored scribed in clause (ii) or (iii) of section I strongly urge my colleagues to join me in this bill. And I ask all of my colleagues supporting H.R. 4217. 202(x)(1)(A), or ‘‘(ii) is not an eligible individual or eligible to support it. Mr. LEWIS of Georgia. With that, This stopgap measure addresses a Mr. Speaker, I yield back the balance spouse under section 1611(e)(4), until such person is no longer considered an glitch in the current law discovered of my time. ineligible individual or ineligible spouse when Social Security began to imple- The SPEAKER pro tempore. The under section 1611(e)(1) or 1611(e)(4). ment a nationwide class-action settle- question is on the motion offered by ‘‘(B) Nothing in subparagraph (A) shall be ment agreement reached in September the gentleman from Georgia (Mr. construed to limit the Commissioner’s au- in the case of Martinez v. Astrue. That LEWIS) that the House suspend the thority to withhold amounts, make adjust- agreement reduced the number and ments, or recover amounts due under this rules and pass the bill, H.R. 4217. type of felony arrest warrants used to The question was taken; and (two- title, title II, or title VIII that would be de- ducted from a payment that would otherwise prohibit benefit payments, resulting in thirds being in the affirmative) the be payable to such individual but for such retroactive payments to certain recipi- rules were suspended and the bill was subparagraph.’’. ents. passed. (c) EFFECTIVE DATE.—The amendments In the first phase of settlement im- A motion to reconsider was laid on made by this section shall be effective for plementation, notices will be issued be- the table. payments that would otherwise be made on ginning this week to 28,000 individuals. f or after the date of the enactment of this Of these, Social Security recently iden- Act. tified 150 as prisoners. NO SOCIAL SECURITY BENEFITS The SPEAKER pro tempore. Pursu- Current law already prohibits pris- FOR PRISONERS ACT OF 2009 ant to the rule, the gentleman from oners, fugitive felons, and probation/ Mr. TANNER. Mr. Speaker, I move to Tennessee (Mr. TANNER) and the gen- parole violators from receiving bene- suspend the rules and pass the bill tleman from Texas (Mr. SAM JOHNSON) fits. The same law should apply to ret- (H.R. 4218) to amend titles II and XVI each will control 20 minutes. roactive benefits as well but right now

VerDate Nov 24 2008 05:44 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.038 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13597 it doesn’t. That is why we need to pass we set up in 1996 could be greatly re- H. Res. 907, by the yeas and nays. this bill. If we don’t, prisoners eligible duced. The first electronic vote will be con- for payments from before they were in The bill before us would immediately ducted as a 15-minute vote. Remaining jail may soon receive a lump sum ret- prevent checks for past-due Social Se- electronic votes will be conducted as 5- roactive check, some covering back curity and SSI benefits from being sent minute votes. benefits over 3 or 4 years. to currently incarcerated individuals, f Thanks in large part to the work of including checks that, without this ac- my Ways and Means colleague, WALLY tion, could pay inmates tens of thou- RECOGNIZING THE AIR FORCE AND HERGER, those with outstanding felony sands of dollars while they are behind DYESS AIR FORCE BASE ON arrest warrants, known as fugitive fel- bars. Thus, the bill before us is a step ACHIEVING ENERGY SAVINGS ons, have not been able to receive sup- in the right direction of addressing The SPEAKER pro tempore. The un- plemental security income, Social Se- issues created by the court decision. finished business is the vote on the mo- curity, or Social Security disability But there are more steps to take. tion to suspend the rules and agree to benefits. Following release of an October 2009 the resolution, H. Res. 845, as amended, According to the Office of the Inspec- report from the SSA Inspector General on which the yeas and nays were or- tor General, their data-sharing efforts that brought to light concerns with dered. with local, State, and Federal law en- SSA’s fugitive felon policy, I joined The Clerk read the title of the resolu- forcement agencies contributed to over other Ways and Means members in re- tion. 83,000 arrests since the program’s in- questing additional information on The SPEAKER pro tempore. The ception in 1996. While well-intentioned, how SSA has used the good cause ex- question is on the motion offered by the Martinez settlement nevertheless emptions it is already allowed to make the gentlewoman from Guam (Ms. requires Social Security to pay bene- in certain cases. I believe the Social BORDALLO) that the House suspend the fits that had been suspended. And as a Security Administration should con- rules and agree to the resolution, H. result, taxpayers are now on the hook tinue to suspend payments for those fu- Res. 845, as amended. for millions of dollars. We can and we gitives wanted based on the most hei- This will be a 15-minute vote. must do better. nous crimes while using the authority The vote was taken by electronic de- I look forward to working with it already has to make good cause ex- vice, and there were—yeas 409, nays 0, Chairman TANNER to right this wrong emptions as appropriate. not voting 25, as follows: and draft legislation to suspend pay- As the legislation before us suggests, ments for those fugitives wanted for many of those made eligible for dis- [Roll No. 935] the most heinous crimes while permit- ability payments under the recent YEAS—409 ting lenience in cases where good cause court action continue to break the law Ackerman Carter Fattah Aderholt Cassidy Filner exemptions make sense. and can and do wind up in jail, costing Adler (NJ) Castle Flake I reserve the balance of my time. taxpayers thousands of dollars. Akin Castor (FL) Fleming Mr. TANNER. I reserve the balance I look forward to the Inspector Gen- Alexander Chaffetz Forbes of my time. eral’s response to our inquiry so that Altmire Chandler Fortenberry Mr. SAM JOHNSON of Texas. At this Andrews Childers Foster Congress can determine the best way Austria Chu Foxx time, I’d like to recognize and yield to forward to improve this important pro- Baca Clarke Frank (MA) the gentleman from California (Mr. gram and prevent the misuse of tax- Bachmann Clay Franks (AZ) HERGER), a member of the Ways and Bachus Cleaver Frelinghuysen payer dollars while protecting those Baird Clyburn Fudge Means Committee and one of our who truly merit relief. Baldwin Coble Gallegly staunch allies, as much time as he may Let’s stop these payments from going Barrow Coffman (CO) Garamendi consume. to prisoners today, and then keep Bartlett Cohen Garrett (NJ) Mr. HERGER. I thank my good friend Barton (TX) Cole Gerlach working to ensure the right people are Bean Conaway Giffords from Texas. getting the right benefits and that tax- Becerra Connolly (VA) Gingrey (GA) I rise today to discuss an issue I have payer dollars are spent wisely to help Berkley Conyers Gohmert been involved with for many years. only those truly in need. Berry Cooper Gonzalez The landmark 1996 welfare reform in- Biggert Costa Goodlatte Mr. TANNER. Mr. Speaker, I want to Bilbray Costello Gordon (TN) cluded legislation I drafted that denies thank Mr. JOHNSON for working with us Bilirakis Courtney Granger fugitive felons, along with probation on this. Bishop (GA) Crenshaw Graves and parole violators, Supplemental Se- Bishop (NY) Crowley Grayson I yield back the balance of my time. Bishop (UT) Cuellar Green, Al curity Income checks. GAO long recog- Mr. SAM JOHNSON of Texas. Mr. Blackburn Culberson Green, Gene nized those SSI disability payments Speaker, I yield back the balance of Blumenauer Cummings Griffith were at a high risk for fraud and abuse my time. Blunt Dahlkemper Guthrie and encouraged Congress to act. Subse- Boccieri Davis (CA) Gutierrez The SPEAKER pro tempore. The Boehner Davis (IL) Hall (NY) quent legislation expanded that 1996 question is on the motion offered by Bonner Davis (KY) Hall (TX) ban to include certain Social Security the gentleman from Tennessee (Mr. Boozman Davis (TN) Halvorson checks. These provisions have been Boren Deal (GA) Hare TANNER) that the House suspend the Boswell DeFazio Harman successful in saving millions of tax- rules and pass the bill, H.R. 4218. Boustany DeGette Harper payer dollars and have assisted law en- The question was taken; and (two- Boyd Delahunt Hastings (FL) forcement in making over 86,000 arrests thirds being in the affirmative) the Brady (PA) DeLauro Hastings (WA) and getting felons off the street, in- Brady (TX) Dent Heinrich rules were suspended and the bill was Braley (IA) Diaz-Balart, L. Heller cluding a man wanted in Texas for 20 passed. Bright Diaz-Balart, M. Hensarling counts of child molestation. A motion to reconsider was laid on Brown (SC) Dicks Herger Due to a recent court action, how- the table. Brown, Corrine Dingell Herseth Sandlin Brown-Waite, Doggett Higgins ever, the Social Security Administra- f Ginny Donnelly (IN) Hill tion now is required to ban payments Buchanan Doyle Himes only to fugitive felons issued a warrant ANNOUNCEMENT BY THE SPEAKER Burgess Dreier Hinchey for trying to escape arrest rather than PRO TEMPORE Burton (IN) Driehaus Hinojosa Butterfield Duncan Hirono the broader group of fugitives with an The SPEAKER pro tempore. Pursu- Buyer Edwards (MD) Hodes outstanding felony arrest warrant. ant to clause 8 of rule XX, proceedings Calvert Edwards (TX) Holden That action also compels SSA to re- will resume on motions to suspend the Camp Ehlers Holt Campbell Ellison Honda store benefits denied earlier, which will rules previously postponed. Cantor Ellsworth Hoyer result in large retroactive payments of Votes will be taken in the following Cao Emerson Hunter as much as $30,000 per individual. Not order: Capito Engel Inglis only will this cost taxpayers millions H. Res. 845, by the yeas and nays; Capps Eshoo Inslee Cardoza Etheridge Israel of dollars, but I’m deeply concerned H.R. 2278, by the yeas and nays; Carnahan Fallin Issa that the effectiveness of the program H. Res. 915, by the yeas and nays; Carson (IN) Farr Jackson (IL)

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.096 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13598 CONGRESSIONAL RECORD — HOUSE December 8, 2009 Jackson-Lee Meeks (NY) Schakowsky A motion to reconsider was laid on Kirkpatrick (AZ) Murphy (CT) Schwartz (TX) Mica Schauer the table. Kissell Murphy (NY) Scott (GA) Jenkins Michaud Schiff Klein (FL) Murphy, Patrick Scott (VA) Johnson (GA) Miller (FL) Schmidt f Kline (MN) Murphy, Tim Sensenbrenner Johnson (IL) Miller (MI) Schock Kratovil Myrick Serrano Johnson, E. B. Miller (NC) Schrader REQUESTING REPORT ON ANTI- Lamborn Nadler (NY) Sessions Johnson, Sam Miller, Gary Schwartz Lance Napolitano Sestak Jones Miller, George Scott (GA) AMERICAN INCITEMENT TO VIO- Langevin Neal (MA) Shadegg Jordan (OH) Minnick Scott (VA) LENCE IN THE MIDDLE EAST Larsen (WA) Neugebauer Shea-Porter Kanjorski Mitchell Sensenbrenner Larson (CT) Nunes Sherman Kaptur Mollohan Serrano The SPEAKER pro tempore. The un- Latham Nye Shimkus Kennedy Moore (KS) Sessions finished business is the vote on the mo- LaTourette Oberstar Shuler Kildee Moore (WI) Sestak tion to suspend the rules and pass the Latta Obey Shuster Kilpatrick (MI) Moran (KS) Lee (NY) Olson Shadegg bill, H.R. 2278, as amended, on which Simpson Kilroy Murphy (CT) Shea-Porter Levin Olver Sires King (IA) Murphy (NY) Sherman the yeas and nays were ordered. Lewis (CA) Ortiz Skelton King (NY) Murphy, Patrick Lewis (GA) Pallone Shimkus The Clerk read the title of the bill. Slaughter Kingston Murphy, Tim Linder Pascrell Shuler Smith (NE) Kirk Myrick The SPEAKER pro tempore. The Lipinski Pastor (AZ) Shuster Smith (NJ) Kirkpatrick (AZ) Nadler (NY) question is on the motion offered by LoBiondo Paulsen Sires Smith (TX) Kissell Napolitano Loebsack Perlmutter Skelton the gentleman from California (Mr. Snyder Klein (FL) Neal (MA) Lofgren, Zoe Perriello Slaughter COSTA) that the House suspend the Souder Kline (MN) Neugebauer Lowey Peters Space Kosmas Nunes Smith (NE) rules and pass the bill, H.R. 2278, as Lucas Peterson Smith (NJ) Speier Kratovil Nye amended. Luetkemeyer Petri Spratt Smith (TX) ´ Kucinich Oberstar This will be a 5-minute vote. Lujan Pingree (ME) Stearns Lamborn Obey Snyder Lummis Pitts Stupak Lance Olson Souder The vote was taken by electronic de- Lungren, Daniel Platts Sullivan Langevin Olver Space vice, and there were—yeas 395, nays 3, E. Poe (TX) Sutton Larsen (WA) Ortiz Speier Lynch Polis (CO) answered ‘‘present’’ 9, not voting 27, as Tanner Larson (CT) Owens Spratt Mack Pomeroy follows: Taylor Latham Pallone Stark Maffei Posey Teague LaTourette Pascrell Stearns [Roll No. 936] Maloney Price (GA) Terry Latta Pastor (AZ) Stupak Manzullo Price (NC) YEAS—395 Thompson (CA) Lee (CA) Paul Sullivan Marchant Putnam Thompson (MS) Lee (NY) Paulsen Sutton Ackerman Chandler Fudge Markey (CO) Quigley Thompson (PA) Levin Perlmutter Tanner Aderholt Childers Gallegly Markey (MA) Rahall Thornberry Lewis (CA) Perriello Taylor Adler (NJ) Chu Garamendi Marshall Rangel Tiahrt Lewis (GA) Peters Teague Akin Clarke Garrett (NJ) Massa Rehberg Tiberi Linder Peterson Terry Alexander Clay Gerlach Matheson Reyes Tierney Lipinski Petri Thompson (CA) Altmire Cleaver Giffords Matsui Richardson Andrews Clyburn Gingrey (GA) Titus LoBiondo Pingree (ME) Thompson (MS) McCarthy (CA) Rodriguez Austria Coble Gohmert Tonko Loebsack Pitts Thompson (PA) McCarthy (NY) Roe (TN) Baca Coffman (CO) Gonzalez Towns Lofgren, Zoe Platts Thornberry McCaul Rogers (AL) Bachmann Cohen Goodlatte Turner Lowey Polis (CO) Tiahrt McClintock Rogers (KY) Bachus Cole Gordon (TN) Upton Lucas Pomeroy Tiberi McCollum Rogers (MI) Baird Conaway Granger Van Hollen Luetkemeyer Posey Tierney McCotter Rohrabacher Luja´ n Price (GA) Baldwin Connolly (VA) Graves McGovern Rooney Vela´ zquez Titus Barrow Conyers Grayson Visclosky Lummis Price (NC) Tonko McHenry Ros-Lehtinen Lungren, Daniel Putnam Bartlett Cooper Green, Al McIntyre Roskam Walden Towns Barton (TX) Costa Green, Gene Walz E. Quigley Turner McKeon Ross Lynch Rahall Bean Costello Griffith Wamp Upton McMahon Rothman (NJ) Mack Rangel Becerra Courtney Guthrie McMorris Roybal-Allard Wasserman Van Hollen Maffei Rehberg Berkley Crenshaw Hall (NY) Rodgers Royce Schultz Vela´ zquez Maloney Reyes Berry Crowley Hall (TX) McNerney Ruppersberger Watson Visclosky Manzullo Richardson Biggert Cuellar Halvorson Meek (FL) Rush Waxman Walden Marchant Rodriguez Bilbray Culberson Hare Meeks (NY) Ryan (OH) Weiner Walz Markey (CO) Roe (TN) Bilirakis Cummings Harman Mica Ryan (WI) Welch Markey (MA) Rogers (AL) Wamp Bishop (GA) Dahlkemper Harper Michaud Salazar Westmoreland Marshall Rogers (KY) Wasserman Bishop (NY) Davis (CA) Hastings (FL) Miller (FL) Sa´ nchez, Linda Wexler Massa Rogers (MI) Schultz Bishop (UT) Davis (IL) Hastings (WA) Miller (MI) T. Whitfield Matheson Rohrabacher Waters Blackburn Davis (KY) Heinrich Miller (NC) Sanchez, Loretta Wilson (OH) Matsui Rooney Watson Blumenauer Davis (TN) Heller Miller, Gary Sarbanes Wilson (SC) McCarthy (CA) Ros-Lehtinen Watt Blunt Deal (GA) Hensarling Miller, George Scalise Wittman McCarthy (NY) Roskam Waxman Boccieri DeFazio Herger Minnick Schakowsky Wolf McCaul Ross Weiner Boehner DeGette Herseth Sandlin Mitchell Schauer Wu McClintock Rothman (NJ) Welch Bonner Delahunt Higgins Mollohan Schiff Yarmuth McCollum Roybal-Allard Westmoreland Boozman DeLauro Hill Moore (KS) Schmidt Young (AK) McCotter Royce Wexler Boren Dent Himes Moran (KS) Schock Young (FL) McDermott Ruppersberger Whitfield Boswell Diaz-Balart, L. Hinchey McGovern Rush Wilson (OH) Boustany Diaz-Balart, M. Hinojosa NAYS—3 McHenry Ryan (OH) Wilson (SC) Boyd Dicks Hirono Honda Johnson, E. B. Paul McIntyre Ryan (WI) Wittman Brady (PA) Dingell Hodes McKeon Salazar Wolf Brady (TX) Doggett Holden ANSWERED ‘‘PRESENT’’—9 McMahon Sa´ nchez, Linda Woolsey Braley (IA) Donnelly (IN) Holt Edwards (MD) McDermott Waters McMorris T. Wu Bright Doyle Hoyer Kucinich Moore (WI) Watt Rodgers Sanchez, Loretta Yarmuth Brown (SC) Dreier Hunter Lee (CA) Stark Woolsey McNerney Sarbanes Young (AK) Brown, Corrine Driehaus Inglis Meek (FL) Scalise Young (FL) Brown-Waite, Duncan Inslee NOT VOTING—27 Ginny Edwards (TX) Israel Abercrombie Davis (AL) Murtha NOT VOTING—25 Buchanan Ehlers Issa Arcuri Grijalva Owens Burgess Ellison Jackson (IL) Abercrombie Davis (AL) Pence Barrett (SC) Gutierrez Payne Burton (IN) Ellsworth Jackson-Lee Arcuri Grijalva Poe (TX) Berman Hoekstra Pence Butterfield Emerson (TX) Barrett (SC) Hoekstra Radanovich Bono Mack Kagen Radanovich Buyer Engel Jenkins Berman Kagen Boucher Kind Reichert Reichert Calvert Eshoo Johnson (GA) Bono Mack Kind Broun (GA) Kosmas Schrader Simpson Camp Etheridge Johnson (IL) Boucher Melancon Capuano Melancon Smith (WA) Smith (WA) Campbell Fallin Johnson, Sam Broun (GA) Moran (VA) Tsongas Carney Moran (VA) Tsongas Capuano Murtha Cantor Farr Jones Carney Payne Cao Fattah Jordan (OH) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Capito Filner Kanjorski The SPEAKER pro tempore (during Capps Flake Kaptur b 1611 Cardoza Fleming Kennedy the vote). There are 2 minutes remain- Carnahan Forbes Kildee ing on this vote. So (two-thirds being in the affirma- Carson (IN) Fortenberry Kilpatrick (MI) tive) the rules were suspended and the Carter Foster Kilroy b 1619 resolution, as amended, was agreed to. Cassidy Foxx King (IA) So (two-thirds being in the affirma- Castle Frank (MA) King (NY) The result of the vote was announced Castor (FL) Franks (AZ) Kingston tive) the rules were suspended and the as above recorded. Chaffetz Frelinghuysen Kirk bill, as amended, was passed.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.044 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13599 The result of the vote was announced Hare Markey (CO) Roybal-Allard NOT VOTING—24 Harman Marshall Royce Abercrombie Carney Moran (VA) as above recorded. Harper Matheson Ruppersberger Arcuri Davis (AL) Murtha A motion to reconsider was laid on Hastings (FL) Matsui Rush Barrett (SC) Grijalva Payne Hastings (WA) McCarthy (CA) Ryan (WI) the table. Berman Hoekstra Radanovich Heinrich McCaul Salazar Bono Mack Kagen Reichert f Heller McClintock Sa´ nchez, Linda Boucher Kind Smith (WA) Hensarling McCollum T. Broun (GA) Melancon Tsongas PERSONAL EXPLANATION Herger McHenry Sanchez, Loretta Capuano Miller (FL) Wexler Herseth Sandlin McIntyre Sarbanes Mr. BROUN of Georgia. Mr. Speaker, on Higgins McKeon Scalise ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Hill McMorris Schakowsky rollcall No. 935, H. Res. 845—recognizing the The SPEAKER pro tempore (during United States Air Force and Dyess Air Force Himes Rodgers Schauer Hinojosa McNerney Schiff the vote). There are 2 minutes remain- Base for their success in achieving energy Hodes Meek (FL) Schock ing on this vote. savings and developing energy-saving innova- Holden Meeks (NY) Schrader tions during Energy Awareness Month, and Holt Mica Schwartz b 1629 rollcall No. 936, H.R. 2278, to direct the Presi- Hoyer Miller (NC) Scott (GA) Hunter Miller, Gary Scott (VA) Messrs. COHEN, NUNES, MCMAHON, dent to transmit to Congress a report on anti- Inglis Miller, George Sensenbrenner MOLLOHAN, YOUNG of Alaska, American incitement to violence in the Middle Inslee Minnick Sessions LYNCH, Ms. ZOE LOFGREN of Cali- East, and for other purposes, had I been Israel Mitchell Sestak Issa Moore (KS) Shadegg fornia, Messrs. DRIEHAUS, WELCH, present, I would have voted ‘‘yea.’’ Jackson (IL) Moran (KS) Shea-Porter and Mrs. SCHMIDT changed their vote f Jackson-Lee Murphy (CT) Sherman (TX) Murphy (NY) Shimkus from ‘‘yea’’ to ‘‘nay.’’ So (two-thirds being in the affirma- ENCOURAGING HUNGARY TO Jenkins Murphy, Patrick Shuler Johnson (GA) Murphy, Tim Simpson tive) the rules were suspended and the RESPECT THE RULE OF LAW Johnson (IL) Myrick Sires resolution was agreed to. Johnson, Sam Nadler (NY) Skelton The SPEAKER pro tempore. The un- Jordan (OH) Neal (MA) Slaughter The result of the vote was announced finished business is the vote on the mo- Kanjorski Neugebauer Smith (NE) as above recorded. tion to suspend the rules and agree to Kennedy Nye Smith (NJ) A motion to reconsider was laid on the resolution, H. Res. 915, on which King (IA) Oberstar Smith (TX) King (NY) Obey Souder the table. the yeas and nays were ordered. Kingston Olson Space The Clerk read the title of the resolu- Kirk Ortiz Spratt f Kirkpatrick (AZ) Owens Stearns tion. RECOGNIZING 100TH ANNIVERSARY The SPEAKER pro tempore. The Kissell Pallone Stupak Klein (FL) Pascrell Sullivan OF THE GRAND CONCOURSE question is on the motion offered by Kline (MN) Paulsen Sutton the gentleman from New York (Mr. Kosmas Pence Teague The SPEAKER pro tempore. The un- ENGEL) that the House suspend the Kratovil Perlmutter Terry finished business is the vote on the mo- Lamborn Peters Thompson (CA) tion to suspend the rules and agree to rules and agree to the resolution, H. Lance Peterson Thompson (MS) Res. 915. Langevin Pitts Thompson (PA) the resolution, H. Res. 907, on which This will be a 5-minute vote. Larsen (WA) Platts Thornberry the yeas and nays were ordered. Larson (CT) Poe (TX) Tiahrt The Clerk read the title of the resolu- The vote was taken by electronic de- Latham Polis (CO) Titus vice, and there were—yeas 333, nays 74, Latta Pomeroy Tonko tion. answered ‘‘present’’ 3, not voting 24, as Lee (NY) Posey Towns The SPEAKER pro tempore. The follows: Levin Price (GA) Upton question is on the motion offered by Lewis (CA) Price (NC) Van Hollen the gentleman from Washington (Mr. [Roll No. 937] Lewis (GA) Putnam Visclosky LARSEN) that the House suspend the YEAS—333 Linder Quigley Walden Lipinski Rangel Wamp rules and agree to the resolution, H. Ackerman Buyer Doyle LoBiondo Rehberg Wasserman Res. 907. Aderholt Calvert Dreier Lowey Richardson Schultz Adler (NJ) Camp Edwards (TX) Lucas Rodriguez Watson This will be a 5-minute vote. Akin Campbell Ehlers Luetkemeyer Roe (TN) Watt The vote was taken by electronic de- Alexander Cantor Ellison Luja´ n Rogers (AL) Weiner vice, and there were—yeas 405, nays 0, Altmire Cao Ellsworth Lummis Rogers (KY) Westmoreland not voting 29, as follows: Andrews Capito Emerson Lungren, Daniel Rogers (MI) Wilson (OH) Austria Capps Engel E. Rohrabacher Wilson (SC) [Roll No. 938] Baca Cardoza Eshoo Mack Rooney Wittman YEAS—405 Bachmann Carnahan Etheridge Maffei Ros-Lehtinen Wolf Bachus Carson (IN) Fallin Maloney Roskam Wu Ackerman Boustany Clay Baird Carter Farr Manzullo Ross Yarmuth Aderholt Boyd Cleaver Barrow Cassidy Fattah Marchant Rothman (NJ) Young (FL) Adler (NJ) Brady (PA) Clyburn Bartlett Castle Filner Akin Brady (TX) Coble Barton (TX) Castor (FL) Flake NAYS—74 Alexander Braley (IA) Coffman (CO) Bean Chandler Fleming Altmire Bright Cohen Berkley Childers Forbes Baldwin Jones Paul Andrews Brown (SC) Cole Berry Chu Fortenberry Becerra Kaptur Perriello Austria Brown, Corrine Conaway Biggert Clay Foster Bishop (UT) Kildee Petri Baca Brown-Waite, Connolly (VA) Bilbray Cleaver Foxx Blumenauer Kilpatrick (MI) Pingree (ME) Bachmann Ginny Conyers Bilirakis Clyburn Frank (MA) Boccieri Kilroy Rahall Bachus Buchanan Cooper Bishop (GA) Coble Franks (AZ) Chaffetz Kucinich Reyes Baird Burgess Costa Bishop (NY) Coffman (CO) Frelinghuysen Clarke LaTourette Ryan (OH) Baldwin Burton (IN) Costello Blackburn Conaway Gallegly Cohen Lee (CA) Schmidt Barrow Butterfield Courtney Blunt Connolly (VA) Garamendi Cole Loebsack Serrano Bartlett Buyer Crenshaw Boehner Cooper Garrett (NJ) Conyers Lofgren, Zoe Shuster Barton (TX) Calvert Crowley Costello Lynch Bonner Costa Gerlach Snyder Bean Camp Cuellar Dahlkemper Markey (MA) Boozman Courtney Giffords Stark Becerra Campbell Cummings DeFazio Massa Boren Crenshaw Gingrey (GA) Taylor Berkley Cantor Dahlkemper Diaz-Balart, L. McCotter Boswell Crowley Gohmert Tiberi Berry Cao Davis (CA) Boustany Cuellar Gonzalez Diaz-Balart, M. McDermott Biggert Capito Davis (IL) Dingell McGovern Tierney Boyd Culberson Goodlatte Turner Bilbray Capps Davis (KY) Brady (PA) Cummings Gordon (TN) Doggett McMahon Bilirakis Cardoza Davis (TN) Driehaus Michaud Vela´ zquez Brady (TX) Davis (CA) Granger Walz Bishop (GA) Carnahan Deal (GA) Braley (IA) Duncan Miller (MI) Bishop (NY) Carson (IN) Davis (IL) Graves Waters DeFazio Bright Davis (KY) Grayson Edwards (MD) Mollohan Bishop (UT) Carter DeGette Waxman Brown (SC) Davis (TN) Green, Al Fudge Moore (WI) Blackburn Cassidy Delahunt Welch Brown, Corrine Deal (GA) Green, Gene Hinchey Napolitano Blumenauer Castle DeLauro Whitfield Brown-Waite, DeGette Griffith Hirono Nunes Blunt Castor (FL) Dent Ginny Delahunt Guthrie Honda Olver Woolsey Boccieri Chaffetz Diaz-Balart, L. Buchanan DeLauro Gutierrez Johnson, E. B. Pastor (AZ) Young (AK) Bonner Chandler Diaz-Balart, M. Burgess Dent Hall (NY) Boozman Childers Dicks Burton (IN) Dicks Hall (TX) ANSWERED ‘‘PRESENT’’—3 Boren Chu Dingell Butterfield Donnelly (IN) Halvorson McCarthy (NY) Speier Tanner Boswell Clarke Doggett

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.101 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13600 CONGRESSIONAL RECORD — HOUSE December 8, 2009

Donnelly (IN) Kucinich Polis (CO) Westmoreland Wilson (SC) Wu CONGRESS OF THE UNITED STATES, Doyle Lamborn Pomeroy Wexler Wittman Yarmuth HOUSE OF REPRESENTATIVES, Dreier Lance Posey Whitfield Wolf Young (AK) Washington, DC, December 3, 2009. Driehaus Langevin Price (GA) Wilson (OH) Woolsey Young (FL) The PRESIDENT, Duncan Larsen (WA) Price (NC) NOT VOTING—29 Edwards (MD) Larson (CT) Putnam The White House, Edwards (TX) Latham Quigley Abercrombie Culberson Murtha Washington, DC. Ehlers LaTourette Rahall Arcuri Davis (AL) Neugebauer DEAR MR. PRESIDENT: Today, as the White Ellison Latta Rangel Barrett (SC) Garrett (NJ) Payne House convenes its jobs summit and exam- Ellsworth Lee (CA) Rehberg Berman Grijalva Radanovich ines ways to speed job growth in a slow-mov- Emerson Lee (NY) Reyes Boehner Hoekstra Reichert Engel Levin Richardson Bono Mack Hoyer ing economy, please accept my sincere ap- Roybal-Allard preciation and best wishes for a successful Eshoo Lewis (CA) Rodriguez Boucher Kagen Smith (WA) Etheridge Lewis (GA) Roe (TN) Broun (GA) Kind Tsongas event. I am pleased to hear that Mayor Ash- Capuano Melancon Fallin Linder Rogers (AL) Waters ley Swearengin of Fresno, CA is one of five Farr Lipinski Rogers (KY) Carney Moran (VA) U.S. mayors invited to participate today, Fattah LoBiondo Rogers (MI) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE since the region that she and I represent has Filner Loebsack Rohrabacher The SPEAKER pro tempore (during suffered from severe economic hardships in- Flake Lofgren, Zoe Rooney cluding a crippling drought, a collapse of the Fleming Lowey Ros-Lehtinen the vote). Members are reminded there dairy market and precipitous drop in the Forbes Lucas Roskam are 2 minutes remaining in this vote. Fortenberry Luetkemeyer Ross housing market. Mayor Swearengin’s pres- Foster Luja´ n Rothman (NJ) b 1643 ence is especially timely as she navigates Foxx Lummis Royce So (two-thirds being in the affirma- unprecedented fiscal challenges in the city’s Frank (MA) Lungren, Daniel Ruppersberger operating budget which include employee Franks (AZ) E. Rush tive) the rules were suspended and the furloughs, fire station closures and over one Frelinghuysen Lynch Ryan (OH) resolution was agreed to. hundred employee layoffs. Fudge Mack Ryan (WI) The result of the vote was announced As you are well aware from our prior meet- Gallegly Maffei Salazar as above recorded. ´ ings and my correspondence, California is in Garamendi Maloney Sanchez, Linda A motion to reconsider was laid on Gerlach Manzullo T. the midst of a water supply crisis and likely Giffords Marchant Sanchez, Loretta the table. heading into the fourth consecutive year of a Gingrey (GA) Markey (CO) Sarbanes Stated for: crippling drought. I urge you to keep Califor- Gohmert Markey (MA) Scalise Mr. BROUN of Georgia. Mr. Speaker, on nia’s San Joaquin Valley in the forefront of Gonzalez Marshall Schakowsky rollcall No. 937, H. Res. 915, encouraging the your economic recovery dialogue. I would be Goodlatte Massa Schauer Gordon (TN) Matheson Schiff Republic of Hungary to respect the rule of law, remiss if I did not point out that one way to Granger Matsui Schmidt treat foreign investors fairly, and promote a bring people back to work in the San Joa- Graves McCarthy (CA) Schock free and independent press, and rollcall No. quin Valley immediately is to use all the dis- Grayson McCarthy (NY) Schrader 938, H. Res. 907, recognizing the Grand Con- cretion within your power under the law to Green, Al McCaul Schwartz get water flowing this growing season. This Green, Gene McClintock Scott (GA) course on its 100th anniversary as the pre- eminent thoroughfare in the borough of the action alone would allow tens of thousands Griffith McCollum Scott (VA) of hard-working farmers, farm workers, and Guthrie McCotter Sensenbrenner Bronx and an important nexus of commerce farm communities to return to the honest Gutierrez McDermott Serrano and culture for the City of New York, had I work of putting food on America’s dinner Hall (NY) McGovern Sessions been present, I would have voted ‘‘yea.’’ Hall (TX) McHenry Sestak table. Halvorson McIntyre Shadegg f Water is the lifeblood of the Valley, and Hare McKeon Shea-Porter JOBS BILL without it, our cities and towns have lit- Harman McMahon Sherman erally been withering and drying out. Unless Harper McMorris Shimkus (Mr. COSTA asked and was given per- Mother Nature intervenes and you take ac- Hastings (FL) Rodgers Shuler mission to address the House for 1 Hastings (WA) McNerney Shuster tion now to implement short, mid, and long- Heinrich Meek (FL) Simpson minute and to revise and extend his re- term solutions to alleviate the crisis, all of Heller Meeks (NY) Sires marks.) California will have to prepare for the dev- Hensarling Mica Skelton Mr. COSTA. Madam Speaker, I rise astating impacts of the drought. On Tuesday Herger Michaud Slaughter today to discuss the importance of jobs of this week, the California Department of Herseth Sandlin Miller (FL) Smith (NE) Water Resources announced its projected al- Higgins Miller (MI) Smith (NJ) and our economy, and the importance Hill Miller (NC) Smith (TX) of putting Americans back to work to location for water deliveries to two-thirds of Himes Miller, Gary Snyder really spur the economic growth that I Californians at 5 percent of contracted to- tals. For your reference, this is the lowest Hinchey Miller, George Souder think we all desire. Hinojosa Minnick Space initial allocation in State Water Project his- Hirono Mitchell Speier I was pleased that the mayor of Fres- tory. It is my understanding that the an- Hodes Mollohan Spratt no last week was one of the five may- nouncement from the Bureau of Reclamation Holden Moore (KS) Stark ors to participate in the jobs forum in will not be far behind. Mr. President, farmers Holt Moore (WI) Stearns the White House since she and I rep- Honda Moran (KS) Stupak cannot get bank loans to sustain their busi- Hunter Murphy (CT) Sullivan resent a region that has suffered severe nesses with water supply delivery allocations Inglis Murphy (NY) Sutton economic hardships, including a this low. Many communities throughout the Inslee Murphy, Patrick Tanner drought, a devastating drought, that Valley are facing unemployment levels that Israel Murphy, Tim Taylor has impacted much of the San Joaquin rival any in recent memory—up to forty per- Issa Myrick Teague Valley and other aspects of California, cent. I believe that every region of California Jackson (IL) Nadler (NY) Terry deserves a sustainable water supply, and Jackson-Lee Napolitano Thompson (CA) the collapse of the dairy market, and your direct commitment and leadership is (TX) Neal (MA) Thompson (MS) the precipitous drop in housing mar- Jenkins Nunes Thompson (PA) necessary to help with California’s short- Johnson (GA) Nye Thornberry kets that has put housing and fore- term water needs. Johnson (IL) Oberstar Tiahrt closures of the utmost concern. We In addition, I am disappointed that the re- Johnson, E. B. Obey Tiberi need to do everything we can to invest leased list of attendees at your jobs summit Johnson, Sam Olson Tierney in our infrastructure and transpor- Jones Olver Titus today did not include community bankers Jordan (OH) Ortiz Tonko tation, schools, and water. from a diverse cross-section of the country. Kanjorski Owens Towns California is in the midst of a water As you know, community bankers have con- Kaptur Pallone Turner crisis, and I urge the administration to tinued to lend to consumers and small busi- Kennedy Pascrell Upton use all of the flexibility within its nesses in communities where the largest Kildee Pastor (AZ) Van Hollen power to get water flowing for next banks have closed branches or reduced access Kilpatrick (MI) Paul Vela´ zquez to credit. The ability to obtain credit is es- Kilroy Paulsen Visclosky year’s growing season to allow tens of King (IA) Pence Walden sential to any sustainable growth in the thousands of hardworking farm- small business sector, and I urge you to in- King (NY) Perlmutter Walz workers, farmers, to return to work, to Kingston Perriello Wamp vite community bankers to share their solu- Kirk Peters Wasserman putting food on America’s dinner table. tions for growth with your administration. Kirkpatrick (AZ) Peterson Schultz Water equals jobs, equals food. That’s The San Joaquin Valley can benefit from Kissell Petri Watson what we need to do. additional investments in our highway infra- Klein (FL) Pingree (ME) Watt I’d like to submit a letter for the Kline (MN) Pitts Waxman structure. Just yesterday, House Transpor- Kosmas Platts Weiner RECORD that I wrote to the President tation and Infrastructure Committee Chair- Kratovil Poe (TX) Welch concerning this crisis. man Jim Oberstar held a press conference

VerDate Nov 24 2008 05:44 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.043 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13601 with The American Association of State SPECIAL ORDERS effect. They were buying new buses be- Highway and Transportation Officials cause their buses are decrepit. People (AASHTO) regarding infrastructure invest- The SPEAKER pro tempore (Ms. FUDGE). Under the Speaker’s an- who build buses were getting good ment. They identified 120 ready-to-go high- wages. The people who build things to way projects in California worth $4.012 bil- nounced policy of January 6, 2009, and lion. Investment in our highways will put under a previous order of the House, go on buses—tires, brakes, all that be- people back to work immediately, and im- the following Members will be recog- cause of ‘‘Made in America’’—they prove transit in the San Joaquin Valley. nized for 5 minutes each. were getting jobs, too. So actually, the In addition, a renewed focus on high-speed shovel-ready stuff was ready and is un- rail would greatly impact the local economy f derway when it comes to transit and in the San Joaquin Valley. Top economists The SPEAKER pro tempore. Under a highway infrastructure. have indicated that direct investment in in- previous order of the House, the gentle- Like this failed bolt in Chicago, the frastructure projects is the best way to cre- woman from California (Ms. WOOLSEY) Chicago Transit Authority could spend ate jobs and stimulate the economy. The is recognized for 5 minutes. another $6.5 billion just to bring their short-term and long-term economic impacts (Ms. WOOLSEY addressed the House. system up to a state of good repair, and of a high-speed rail system would be tremen- Her remarks will appear hereafter in dous for California’s economy. Construction they can spend that money very quick- of the system is estimated to generate al- the Extensions of Remarks.) ly with a huge multiplier effect. Why most 300,000 jobs, and following construction, f can’t the economic team at the White the system will provide 450,000 permanent IT’S TIME FOR A NEW ATTITUDE House understand that? Their pointy- jobs in California. These jobs will have a DOWNTOWN head theories about, oh, infrastructure huge ripple effect into other areas of Califor- takes so long and it doesn’t have a nia’s economy such as the service and manu- The SPEAKER pro tempore. Under a good multiplier, unlike giving people a facturing industries. Overall, for every dollar previous order of the House, the gen- spent on this system, we will see two dollars little bit of money in withholding—or tleman from Oregon (Mr. DEFAZIO) is green grid, whatever that is, where a in return. I urge you and Secretary LaHood recognized for 5 minutes. to approve California’s Track 2 application penny hasn’t been spent. Somehow this for federal high-speed rail funds, and would Mr. DEFAZIO. Madam Speaker, is just too old school for them, fixing be happy to join you when this funding is an- America’s infrastructure is in an ex- up our country, putting people to work, nounced next year. traordinarily sad state of disrepair, in manufacturing and construction jobs. Thank you for your consideration of these fact, endangering and killing Ameri- We have 160,000 bridges on the Fed- requests, and I look forward to continue cans. We need a new attitude in terms eral system that should be posted. The working with your administration to bring of rebuilding our infrastructure and jobs and long-term economic growth to Cali- American people should see a big sign bringing it up to a state of good repair saying, ‘‘Danger, the bridge over which fornia’s San Joaquin Valley. at the White House. Sincerely, you are about to drive is either weight JIM COSTA, There seems to be some reluctance. limited, structurally deficient, or func- Member of Congress. The President said after his jobs sum- tionally obsolete.’’ One hundred sixty mit that he just had to admit that thousand bridges. Now, if we began a f shovel ready wasn’t always shovel program to replace those, it doesn’t ready, and he seemed to be referring to take long, look how quickly we re- b 1645 infrastructure. But actually, the infra- placed the bridge in Minnesota. It structure money is already 60 percent doesn’t require lengthy environmental THE ‘‘TREAT TERRORISTS NICE spent and underway and the other 40 GANG’’ AND THE NAVY SEALS impact statements or planning, it’s re- percent will be obligated before spring place and fix the bridges, it’s concrete, (Mr. POE of Texas asked and was to begin to catch up with that deficit. it’s steel, it’s workers, it’s aggregate, given permission to address the House Now, the Department of Energy has it’s made in America. You can’t export for 1 minute.) already spent about 8 percent of their those jobs. Mr. POE of Texas. Madam Speaker, money; HUD, I don’t know if they’ve But somehow the people on the Presi- Navy SEALs were in court yesterday spent any of it. There are all sorts of dent’s economic team don’t get that, or accused of punching a terrorist. The fantasy programs out there that were maybe from the back seat of their lim- SEALs are Matthew McCabe, Jonathan in the stimulus where money hasn’t ousines they can’t see that the bridges Keefe, and Julio Huertas. In a night- been expended, but in transportation and the infrastructure are deterio- time raid last September, they were and infrastructure it has been invested rated, and they sure as heck aren’t on part of SEAL Team 10 that captured and it is going to save lives and it is the creaky public transit systems that the most wanted terrorist in Iraq. going to get people to work with less are falling apart and here in D.C. kill- Ahmed Hashim Abed planned the bar- congestion and less damage to their ve- ing people because the infrastructure is baric ambush of four Blackwater secu- hicles by bringing the infrastructure so outmoded and so substandard. rity guards in 2004. Madam Speaker, up to date. It is embarrassing for the greatest the Americans were murdered. They I would like to try and bring this nation on Earth to be devolving toward were drug through the streets, muti- home to the White House because they a fourth-world infrastructure—we’re lated, burned, and hung from a bridge just don’t seem to be listening. This not even third world. We are investing in Fallujah. During the public execu- was—or is—a lag bolt; it’s about 60 less of our GDP in our infrastructure tions, our enemies cheered in front of years old. You can see it’s kind of miss- than are many third-world countries. news cameras. Abed didn’t say he was ing the bottom. Well, this lag bolt was We are formerly first world, formerly allegedly assaulted until he was turned involved in an accident on the Chicago world leader. Now we are watching our over to Iraqi authorities, however. The Transit Authority. This is what holds competitors around the world vault al Qaeda manual tells members when down the metal plates that hold down ahead of us with high-speed rail, with captured to complain of torture and the rail. They have a life span of about modern transit, with beautiful new mistreatment; it doesn’t matter if it’s 40 years. There are thousands of them highways, with safe bridges that are true or not. And besides killing, these on the system waiting to fail. designed to current standards. But no, folks lie. Now SEALs are being court- Now, when the Chicago Transit Au- we can’t afford it. And even if we could martialed on the word of a thority got $250 million—that’s a lot of afford it, like taking some of that braggadocios murderer. money—under the stimulus bill, they unspent TARP money or maybe some Al Qaeda has learned to play the spent the money in 30 days. Thirty of the other unspent stimulus money, ‘‘Treat Terrorists Nice Gang’’ like use- days. These aren’t just your old public they don’t want to do it downtown. ful misfits. One word from a killer and works construction jobs; these are, It’s time for a new attitude down- the accusers become the accused. The first off, almost all private sector jobs town. Don’t jeopardize the people of military should try the terrorist for bid out on contract. Secondly, much of America with this kind of outmoded in- murder and give the SEALs medals for it was invested in sophisticated equip- frastructure anymore. Get it, guys. capturing him. ment and manufactured goods. So that This means jobs, and it’s something And that’s just the way it is. $250 million produced a huge multiplier the American people believe in.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A08DE7.047 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13602 CONGRESSIONAL RECORD — HOUSE December 8, 2009 THE COST OF WAR IN Madam Speaker, the number of our RETURN TO JOB GROWTH AFGHANISTAN troops with PTSD, with TBI, and with The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a mental depression and anxiety is grow- previous order of the House, the gen- previous order of the House, the gen- ing each and every day. Again, I have tleman from Virginia (Mr. CONNOLLY) tleman from North Carolina (Mr. gotten to know many of the marines is recognized for 5 minutes. JONES) is recognized for 5 minutes. down at Camp Lejeune, from privates Mr. CONNOLLY of Virginia. Madam Mr. JONES. Madam Speaker, I follow all the way up to generals. They will go Speaker, in our ongoing efforts to sta- the gentleman from Oregon (Mr. and fight for this country, they want to bilize the economy and ensure a return DEFAZIO) and I do share his frustration do everything they can to defend this to prosperity, our focus must remain as well. Mine is a little different, country and they will give their life, fixed on the saving and creation of though. It is the cost of war in Afghan- but we need to take into consideration American jobs. The actions of this ad- the stress that we are putting on these istan. My concern is, as the President ministration and this Congress have troops. has decided to send 30,000 additional There is another article I want to shown progress. Job losses fell dra- troops to Afghanistan, I join my col- make brief reference to that was in the matically, and the unemployment rate leagues in both parties, and BARBARA New York Times on December 3 by dropped in November from 10.2 percent LEE from California, in saying that we Nicholas Kristof. It’s called, ‘‘Johnson, to 10 percent. should debate this policy on the floor Gorbachev, Obama.’’ It is about the The recession began in 2007 and has of the House. Vietnam War, it is about the Russians been the worst since World War II. Un- I am one that is very upset that this involved in Afghanistan, and now Mr. employment hit a 26-year high, con- Nation, since World War II, we never Obama’s decision. sumer confidence plummeted, the gross declare war anymore, we just pass reso- I am not trying to second-guess the domestic product contracted at near lutions on the floor and we give the President. He’s got a very difficult job, unprecedented levels, the stock market President, whether it be a Republican and I wish him well. In fact, I was one plunged, home prices tumbled and fore- or Democrat, the authority to make of the few Republicans that thanked closures skyrocketed, and millions of decisions to go ahead and send troops him for taking his time before he de- Americans found themselves out of into certain areas. cided what the solution should be or work. I do agree with Mr. Obama, the war what the strategy should be for Af- Monthly job losses continued to should have always been Afghanistan ghanistan. But Madam Speaker, I worsen each month. In September of and we should not have gone into Iraq, think that we as a Congress should de- 2008, the monthly losses were more but that is history now. The problem is bate the policy. than 300,000. By December of 2008 and we are 9 years after we went into Af- I said this just a moment ago, and I January of 2009, in the waning days of ghanistan and now we are trying to would like to say it again, I joined the Bush administration, job losses ex- catch up for the 8 years we spent in BARBARA LEE in a letter to the Speaker ceeded 700,000. And it wasn’t just 2008. Iraq. of the House asking the Speaker of the Under the Clinton administration, Down in Camp Lejeune, which is in House to please let us debate the policy from 1993 to 2000 the average monthly my district, the Third District of North of what we should be doing in Afghani- private job growth was 217,000, one of Carolina, the day that Mr. Obama stan before we pass any type of supple- the most robust job growths in Amer- made the announcement that we would mental to financially support the ican history. During the Bush 8 years, send 30,000 more troops to combat in troops. So, therefore, it is my hope that average monthly job creation was Afghanistan, I want to read, Madam that maybe in January or February of just 2,000. Speaker, just a few comments that 2010 we will be granted a debate on the b 1700 were in the Jacksonville paper—again, floor, whether it be for sending more that is the home paper for Jackson- troops to Afghanistan or fewer troops As this Congress and the Obama ad- ville, North Carolina and, again, the to Afghanistan, and we will come clos- ministration took office in January, we home of Camp Lejeune Marine Base. er to meeting our constitutional re- were facing a job market in free fall. ‘‘With White House officials saying sponsibility than we have done, truth- We immediately took action on a num- that President Obama will order about fully, since World War II. ber of fronts. 30,000 more troops, including a brigade Madam Speaker, I would like to close The Recovery Act provided critically of marines from Camp Lejeune, into as I always do. I have signed over 8,000 important investments, saving or cre- combat in Afghanistan, local military letters to families and extended fami- ating 1.6 million jobs so far. States and are reacting to the news with skep- lies in this country because I regret localities faced with growing budget ticism and concern.’’ that I ever voted to give President deficits would have been forced to lay Further down in the article, it says: Bush the authority to send troops to off hundreds of thousands of teachers, Marine Sergeant Doug Copeland, who Iraq. That is my pain that I’ve lived police and fire fighters, but the Recov- is scheduled to deploy with his 1st Bat- with, and writing the letters and sign- ery Act saved those jobs, including, in talion, 8th Marines in October, said he ing the letters to the families is my my district, 404 teachers in Fairfax approved of the troop surge as a means way of saying I’m sorry that I did not County and 304 in Prince William to assist troops already on the ground, meet my constitutional responsibility County. The Recovery Act created but believed a date for leaving the and vote my conscience on the floor of thousands of additional jobs in road country was coming too late. ‘‘We this House. construction, clean energy, and med- should have dealt with Afghanistan in With that, Madam Speaker, I would ical research. Businesses in my district the first place,’’ Copeland said. ‘‘We’ve like to close these brief comments by received at least 205 contracts, grants, already been in this war for 7 or 8 asking God to please bless our men and and loans, totaling almost $200 million, years. We’ve got to call it quits. Our women in uniform, ask God to please thanks to the Recovery Act. They have country needs to focus on our country bless the families of our men and had a noticeable impact. now.’’ women in uniform, and ask God to The employment rate in my district That is exactly what Mr. DEFAZIO please, in his loving arms, hold the began to fall in advance of the national was saying. This country is in bad fi- families who have given a child dying rate, declining in October from 5.3 to nancial shape, we are losing jobs every for freedom in Afghanistan and Iraq. I 5.2 percent in Prince William County, day, and what we need to do is con- would like to ask God to please give and from 4.7 to 4.5 percent in Fairfax, centrate on this country itself. the House and Senate strength to do half the national average. I will read just another comment, what is right for the next generation. I The House of Representatives reau- Madam Speaker: would like to ask God to give strength thorized the COPS program, which will ‘‘HM2 Cagney Noland, a corpsman and wisdom and courage to the Presi- add 50,000 police officers nationwide. currently with Combat Logistics Regi- dent of the United States. And I close The 21st Century Green Schools Act ment 27, said he doubted the proposed by asking three times, God please, God and the Student Aid and Fiscal Re- timeline would see troops out of Af- please, God please continue to bless sponsibility Act invested billions of ghanistan.’’ America. more dollars to modernize public

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.110 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13603 schools and community college cam- CONGRATULATIONS TO THE and a prayer is offered by one of the puses, creating tens of thousands of REDMEN OF SMITH CENTER coaches or one of the players on the new construction jobs. The American HIGH SCHOOL team. Clean Energy and Security Act creates The SPEAKER pro tempore. Under a Redmen football is what received the incentives for new research and devel- previous order of the House, the gen- attention, but behind the scenes is opment, creating thousands of new job tleman from Kansas (Mr. MORAN) is where the most impressive and longest opportunities related to the production recognized for 5 minutes. lasting accomplishments are discov- of advanced batteries, wind turbines, Mr. MORAN of Kansas. Madam ered. Football is simply a teaching tool solar power, and other sustainable Speaker, on the Kansas prairie, in a used by the community. Coach Barta technologies. In addition, Madam small town named Smith Center, an ex- was quoted in the book as stating, Speaker, we passed a number of bills to ceptional tradition has been built and ‘‘None of this is really about football. spur small business job creation maintained over the course of decades. What we’re doing is sending kids into through tax incentives and employ- The Redmen of Smith Center High life who know that every day means ment opportunities for our veterans. School have achieved great things on something.’’ Ultimately, for sustainable job the football field. This attitude exemplifies the teach- growth, the private sector must feel There are few, if any, high school ing, coaching, and parenting philos- comfortable to return to hiring em- football fans in Kansas who are un- ophy of rural America. Our population ployees. Large companies will not ex- aware of Smith Center’s reputation. may be dwindling and our communities pand while the value of their firm The parents and boosters of Smith Cen- aging, but our commitment to raising drops. Small companies will not ex- ter High School have watched with good children and preparing them for pand while the owners’ assets are dis- pride as their sons bested opponents on life after high school is something that appearing. And those assets did drop. the gridiron in 79 consecutive contests. will never diminish. School pride is im- From its high of over 14,000 in October Coach Roger Barta and his Redmen portant to a community, but it pales in of 2007, the Dow Jones Industrial Aver- football team have won over 300 games comparison to the role a teacher, age began a precipitous decline to just in the past 32 seasons. They’ve racked coach, or parent plays when he or she over 6,600 in March of this year. Since up eight State championships, five of helps a child succeed. I’m thankful then, thanks to our actions, the mar- them in a row. that Coach Barta and his staff under- ket has recovered more than 50 per- Smith Center was on the longest ac- stand this, and I’m thankful to come cent. tive 11-man high school football win- from a part of the country that under- ning streak in the Nation. The streak stands this. Companies will not expand while con- was snapped in the Kansas State 2–1A sumer confidence declines, and it did Congratulations to the Smith Center championship game 2 weeks ago. Every Redmen, their football team, for their decline to 25 points in February of this player on the Redman football squad, year, the lowest level since the con- remarkable success, and thanks to the from freshman to senior, experienced team, the community, and the school ference board’s inception in 1967. Since their first high school defeat at the then, thanks again to our actions, con- that are such great ambassadors for hands of the Centralia High School our way of life on the plains of Kansas. sumer confidence has continued to im- Panthers. It was a heartbreaking loss f prove, hitting 48.7 in October, almost for an extraordinary group of boys. doubling. I had the opportunity to participate The SPEAKER pro tempore. Under a Companies will not expand, Madam in several pregame coin flips over the previous order of the House, the gen- Speaker, while the national economy is past few seasons, including this year’s tleman from Indiana (Mr. BURTON) is contracting, and it did indeed contract, State title game. Each time I wit- recognized for 5 minutes. starting in the third quarter of 2008. It nessed a very talented football team (Mr. BURTON of Indiana addressed declined an astounding 6.3 percent in with a very spirited group of fans. Yet, the House. His remarks will appear the fourth quarter and 5.7 percent in all the success the team has enjoyed on hereafter in the Extensions of Re- the first quarter of 2009, but our ac- the field has never been what makes marks.) tions have helped. GDP increased 2.8 them so remarkable. Football is just f percent in the third quarter of 2009 and what attracts notoriety and our ap- HONORING THE LIFE OF REAR AD- continues to grow this quarter as well. plause. It’s the building of character MIRAL DAVID M. STONE, USN and lifelong traits that matter in This February, the horrific pace of (RET.) job losses began to ease. Job losses in Smith Center. Following their first May fell to 300,000. In August through loss in 6 years, Coach Barta reminded The SPEAKER pro tempore. Under a October, they averaged 135,000 a month. his players, ‘‘We’ve never judged our- previous order of the House, the gen- In November, just 11,000 jobs, net, were selves on wins and losses.’’ tleman from Pennsylvania (Mr. lost in the American economy, con- The truly exceptional work being SESTAK) is recognized for 5 minutes. tinuing to contribute to the decline in done on the plains of Kansas is the de- Mr. SESTAK. Madam Speaker, I rise the unemployment rate. velopment of character in the boys of to honor and mourn the loss of a great American. Rear Admiral David M. Madam Speaker, we’re not out of the the Smith Center football team and the Stone, United States Navy (Retired) re- woods just yet. Millions of Americans students of Smith Center High School. cently passed away, and as a result, we are still out of work. But we’ve started It is the respect each athlete is taught are a lesser Nation. He was a proud son to turn the economy around. We’ve by their coaches. It’s the insistence of of Illinois, not the Commonwealth of begun to stabilize the stock market, integrity insisted upon by their teach- Pennsylvania, my State, but I am com- the housing sector, and the GDP. ers. It’s the values instilled in each son pelled to see that the achievements of Madam Speaker, we’ve begun to create by their parents and community. Joe Drape, a New York Times Sports this remarkable man are forever cap- conditions for job growth, and now we writer, recently authored a book enti- tured in the record of our proceedings must partner with the private sector to tled, ‘‘Our Boys: A Perfect Season on because Dave Stone was my shipmate. ensure that millions of Americans can the Plains with the Smith Center We graduated from the United States return to work. Redmen.’’ In his book, Mr. Drape extols Naval Academy in 1974 and served to- the virtues we, in rural America, hold gether as fellow Surface Warfare Offi- f dear. Humility, sacrifice, unwavering cers at sea and ashore for nearly three The SPEAKER pro tempore. Under a commitment, all are characteristics decades. In the course of those years, I previous order of the House, the gen- that are exemplified by the Redmen witnessed Dave Stone consistently tleman from Washington (Mr. DICKS) is and their fans. Additionally, as I was offer our Nation all of his enormous recognized for 5 minutes. told by one of the game officials after talent and energy. At the Academy, he (Mr. DICKS addressed the House. His the State title game, this is the only led Navy’s basketball team with an un- remarks will appear hereafter in the team that year after year, every game, matched passion and competitive spir- Extensions of Remarks.) they gather on the field, hold hands, it.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.112 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13604 CONGRESSIONAL RECORD — HOUSE December 8, 2009 Upon commissioning as an ensign, he Madam Speaker, I ask that we pause and rebuild the relationship with the went to sea with the work ethic, sense to reflect upon the many contributions people of Honduras. of responsibility, and selflessness that Admiral Dave Stone made to our coun- I am pleased that the Obama admin- characterized the very best of the grad- try and the world and to thank Faith istration has finally lifted the travel uates of Annapolis, his reputation Stone for inspiring her husband to alert on Honduras, which has had a se- across the fleet reflecting an unfailing serve us all so proudly. Through the vere economic impact on the well- dedication to leading sailors from the pain and frustration of losing this being of American businesses operating front, by example, and with a total great shipmate, everyone who knew, in the country. However, this is just commitment to their personal and pro- loved, and respected Dave is comforted the beginning. Honduras is a tradi- fessional excellence. He never forgot by the fact that today, there are count- tional ally of the United States and a the importance of a sailor’s family, and less Midshipmen at Annapolis who will vital partner to us in our regional he put in countless hours tending to follow his example and seek to model counternarcotics effort. It is under at- the concerns of the parents, wives, and their life on his legacy. Therein lies the tack by narcotraffickers and their vio- children who sacrifice so much in offer- greatness of the United States Navy lent network. Just this morning, Gen- ing their loved ones to the naval serv- and our Nation and our shipmate and eral Julian Aristides Gonzalez, the top ice. classmate, Dave Stone. anti-drug official in Honduras, was as- Tactically, his fighting spirit and f sassinated. Witnesses report that his natural sense of competition drove him body was riddled with bullets. General DEMOCRACY IN HONDURAS to constantly press his systems, opera- Gonzalez and other high-ranking law tors, and decisionmakers to outthink The SPEAKER pro tempore. Under a enforcement officials engaged in the and outfight every adversary. When previous order of the House, the gentle- counternarcotics efforts in Honduras our fleet was challenged by serious woman from Florida (Ms. ROS- are declared targets of the drug-traf- maintenance concerns, he rolled up his LEHTINEN) is recognized for 5 minutes. ficking network in the country. The sleeves and took charge of the most Ms. ROS-LEHTINEN. Madam Speak- use of Honduras as a drug transit coun- complex engineering plant the Navy er, following the antics of Zelaya, Cha- try threatens our vital security inter- had devised. He set a standard for engi- vez, and Ortega, there were growing ests. neering readiness that astounded only concerns over the ability of free people As such, the U.S. must immediately those who did not know him. As a re- in the Western Hemisphere to defend restore all assistance, particularly sult, his rise through the ranks was de- democratic principles and institutions counternarcotics cooperation, to Hon- servedly fast. against the assaults of these and other duras. Visas and other nonsecurity-re- Every ship and sailor he served oppressors belonging to ALBA. How- lated assistance must also be rein- reached new standards of excellence. ever, the fierce commitment to democ- stated. He commanded the USS John Hancock racy and the rule of law demonstrated Today, Honduran President-elect (DD 981), Destroyer Squadron 50, by the people of Honduras have re- Lobo travels to San Jose to meet with NATO’s Standing Naval Force Medi- newed our optimism about the future President Oscar Arias. Tomorrow he terranean, and the USS Nimitz Air- of freedom and the consolidation of de- will meet with Panamanian President craft Carrier Battle Group with skill, mocracy in our region. Ricardo Martinelli in Tegucigalpa. courage, and extraordinary profes- Last week the Honduran National Also on Thursday, Lobo will visit the sionalism. Congress voted decisively to reject Dominican Republic to meet with He was the officer our Nation needed Manuel Zelaya’s return to office. The President Leonel Fernandez. in the Persian Gulf as that theater be- Supreme Court made the same ruling came increasingly dangerous. He was Meanwhile, Zelaya stays hidden. He months ago, and now it is final. The cannot face the truth of his trans- the surface warrior best qualified to Honduran Supreme Court, the Attor- support actions in the Adriatic that gressions. He has said, ‘‘As long as I ney General, the National Commission have Brazil’s support, I will be here.’’ helped close hostilities in Kosovo for Human Rights, and the Honduran quickly and favorably. On his pro- Well, Brazil, the OAS and any other General Accounting Office were all country or body should not help him be motion to admiral, he was an officer consulted prior to this congressional with precisely the strategic vision, in- so cowardly. The OAS should stand up vote and unanimously rejected to Zelaya and the enablers of oppres- tellect, and sense of the world our Zelaya’s return. Navy and Nation needed to meet the sion so that freedom can prevail. b 1715 challenges of the 21st century. Regrettably, the MERCOSUR coun- Following retirement from the naval The United States has accepted the tries—of which Brazil is a member—an- service, his patriotism and sense of re- decision as a matter left to the discre- nounced during their meeting just sponsibility continued unabated. As tion of the national Congress, and even today that they will not recognize the the first Federal Security Director at some of Manuel Zelaya’s strongest sup- Honduran elections. But the Honduran Los Angeles International Airport, and porters inside Honduras have finally people will not be deterred. They have later as head of the Transportation Se- publicly stated that their mission is no spoken loud and clear. The Honduran curity Administration, he helped se- longer publicly focused on his resolu- people were brave enough to put their cure our national transportation infra- tion. principles to the test. They looked to structure so quickly and so completely The writing is on the wall, Madam their Congress, they looked to their that his work stands out as one of our Speaker. The people of Honduras are Supreme Court, and finally they looked government’s greatest and most im- ready to write the post-Zelaya chapter to themselves and carried out peaceful pressive post-9/11 achievements. of their nation’s history. The newly and successful elections. However, Dave always considered his elected President, Porfirio Lobo Sosa, In closing, Madam Speaker, I would greatest achievement the fortune to has already taken steps to help bring like to quote from Honduran President- fall in love with and marry his wonder- national reconciliation to Honduras. elect Lobo, who perhaps best summa- ful bride, Cynthia Faith Voth of Clear- Last week, he began meeting with indi- rized recent developments in Honduras. water, Florida. Together, Dave and viduals from broad spectrums of the Following his victory—which was re- Faith represented all that was right Honduran government and society to sounding—he said, there were ‘‘no win- and good about life in the naval serv- discuss long-term goals for the future ners or losers, only democracy has tri- ice. They were partners and best and stability of Honduras, and he has umphed. I am happy looking toward to friends through the joy and pain of already warned Chavez not to inter- the future. You keep asking, ’And countless deployments, household vene with Honduras’ sovereignty. Zelaya?’ Zelaya is history, he is part of moves, and the pressures of ever in- The Honduran people have had the past.’’ creasing responsibilities for the safety enough of Chavez’s meddling in their Madam Speaker, may democracy and of our Nation’s greatest treasure—the internal affairs. It is time for respon- freedom continue to triumph in the young men and women who wear the sible nations—and specifically for us in hemisphere and throughout the world. uniform of our military. the United States—to turn the page Thank you for the time.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.116 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13605 REQUIRE THE PRESIDENT TO a report to Congress pursuant to sec- emission reductions may worsen our WITHDRAW FROM AFGHANISTAN tion 4(a)(1) of the War Powers Resolu- high unemployment rate and slow our AND PAKISTAN tion. economy while other nations advance The SPEAKER pro tempore. Under a Madam Speaker, when Congress re- their own growth at our expense. previous order of the House, the gen- turns in 2010, I intend to bring to the Considering the loss of confidence in tleman from Ohio (Mr. KUCINICH) is rec- floor of the House privileged resolu- the scientific process, it’s even more ognized for 5 minutes. tions reasserting this congressional troubling that policymakers are push- Mr. KUCINICH. Madam Speaker, this prerogative. My bills will trigger a ing forward with a scheme that could morning I stood before this House and timeline for timely withdrawal of U.S. irrevocably alter our economy and our pointed out that The Nation magazine troops from Afghanistan and Pakistan, prosperity. did an investigation that showed that invoke the War Powers Resolution of In the past few weeks, through the U.S. tax dollars were going to U.S. con- 1973, and secure the constitutional role disclosure of more than a thousand tractors who then gave the Taliban of Congress as directly elected rep- emails, there is extensive evidence that money so that the Taliban wouldn’t at- resentatives of the people under article many researchers across the globe dis- tack a shipment of U.S. goods to U.S. 1, section 8 of the Constitution for Con- cussed the destruction, alteration, and troops. And of course U.S. troops would gress to decide whether or not America suppression of data that did not sup- use those resources to attack the enters into a war or continues a war or port global warming claims. These ex- Taliban. otherwise introduces Armed Forces or changes include a leading climate sci- The war in Afghanistan is a racket. materials into combat zones. entist encouraging other scientists to We have a strategy to pay off insur- Despite the President’s assertion alter data that is the basis of climate gents, warlords, the Taliban, in pre- that previous congressional action modeling across the globe by using the tending that somehow this practice is gives him the authority to respond to ‘‘trick of adding in the real temps to going to help make an already corrupt the attacks of September 11, 2001, a each series . . . to hide the decline [in central government more stable. I have careful reading of the authorization of temperature].’’ been in this House now for seven terms, military force makes clear that this The U.S. National Science and Tech- and I have seen the slow and steady authorization did not supersede any re- nology Council defines research mis- erosion of the Constitution of the quirement of the War Powers Resolu- conduct as fabrication, falsification, or United States and, in particular, con- tion and therefore did not undermine plagiarism in proposing, performing, or gressional authority with respect to ar- Congress’ ability to revisit the con- reviewing research, or in reporting re- ticle 1, section 8 of the Constitution, stitutional question of war powers at a search results. which very explicitly puts the power to later date. All of this would be troubling enough create war in the hands of the United We will have an opportunity in this on the basis that much of this research States Congress, not in the hands of House in January to vote on this issue is taxpayer funded. However, it is even the executive. of Afghanistan and Pakistan, and I more troubling when one considers When the Founders crafted the Con- urge my colleagues to join the resolu- that this data is held up as the reason stitution, they were very clear that tion, which I’ll begin to circulate the to implement new regulations and laws they did not want a monarchy. They notice of starting tomorrow. and potentially enter into global agree- wanted to what was called ‘‘restrain Thank you. ments, all in the name of reducing the dogs of war’’ by placing the power f emissions. Policymakers are asking to commit men and women into com- RESOLUTION ON THE IMPORTANCE citizens to agree to alter the economic bat in the hands of an elected Congress, OF SCIENTIFIC INTEGRITY structure of our country and possibly in this case in the hands of the House sacrifice jobs in the name of preserving of Representatives. Unfortunately, The SPEAKER pro tempore. Under a this warming planet, even as these sci- over a few generations, we have seen previous order of the House, the gen- entists fail to follow accepted scientific that power of Congress erode. tleman from Texas (Mr. HALL) is recog- practices and seek to stifle contrary Today, according to ABC News, nized for 5 minutes. points of view. Hamid Karzai, the President of Afghan- Mr. HALL of Texas. Mr. Speaker, in Federal policy for addressing re- istan, in a joint press conference with the last few weeks there has been some search misconduct requires a full in- Secretary of Defense Robert Gates, very disturbing correspondence that’s quiry and investigation of the mis- said that his country’s security forces surfaced and presents a real dilemma conduct, as well as a correction of the will need financial and training assist- for the scientific community and an research record, and potential referral ance from the United States for the even greater dilemma for this Congress to the Department of Justice. I have next 15 to 20 years. as the United Nations Climate Change sent a letter to the chairman of the Now, since we’re already spending at Conference begins in Copenhagen. Science Committee asking there be an least $100 billion to $150 billion a year As ranking member of the Science investigation into these matters. in Afghanistan, we are now committed, Committee, I’m concerned about these Even more troubling is that these ex- through Mr. Karzai, we’re embarked on revelations dubbed by the press as ‘‘Cli- changes describe attempts to silence a strategy that could lead us to spend mate-gate’’ and their implication for academic journals that publish re- $2 trillion, maybe more. the scientific community, Congress, search skeptical of significant man- We’ve had speakers precede me today and the American people. Allegations made global warming and refer to ef- speak about the need for jobs in the of manipulation of scientific data forts to exclude contrary views from United States. It goes without saying would be troublesome under any cir- publication in the scientific journals. we should start taking care of things cumstance. The fact that the scientific Some scientists even encouraged the here instead of endeavoring to pour our data in question here is to be used as deletion of data and emails to avoid resources into a corrupt administra- the basis for global agreement to limit disclosure in the event of a Freedom of tion, and furthermore, engage in a kind greenhouse gas emissions or changes to Information request. of corruption through trying to pay off the regulatory regime of the United All of this presents a troubling pat- warlords and even the Taliban to cre- States makes these allegations that tern of attempts not only to misrepre- ate shipments to our troops. much more disturbing. sent the data on global warming to As President Obama prepares to esca- I’ve introduced a resolution which meet expectations contained in the late military operations in Afghanistan highlights concerns about moving for- theories, but also to silence any dis- and Pakistan, we must reinstate our ward with greenhouse gas emissions senters and cover up inappropriate prerogative as it relates to war. The regulations or an agreement in Copen- data manipulation. United States has been involved in hagen on the basis of scientific data military action—both in Afghanistan which email exchanges indicate has b 1730 and Pakistan—since the inception of been manipulated, enhanced, or deleted The emails show that raw data not this administration despite the fact in order to advance a political agenda. meeting the expectations of the sci- that the President has never submitted Forcing Americans to meet carbon entists or showing a pattern of warm

VerDate Nov 24 2008 05:44 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.117 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13606 CONGRESSIONAL RECORD — HOUSE December 8, 2009 were altered and the raw data in ques- fighting. Iran has watched as we de- it. We have to start putting our own tion was destroyed so as to ensure no stroyed its two greatest enemies, the people first at some point. It’s not further examination. When accepted Taliban and Saddam. China, which has going to be long before we’re not going scientific practices are not followed, a border with both Pakistan and Af- to be able to pay our Social Security there can be implications well beyond ghanistan, has sat back. India, which and veterans’ pensions and things we the scope of the narrowly focused has a border with Pakistan and fought have promised our own people with project. I believe that this is the situa- three wars with the country, has money that will buy anything, if we tion we have before us. stayed aloof. The United States, on the keep spending hundreds of billions for These documents reveal actions that other side of the world, plunged in. And very unnecessary wars. may constitute a serious breach of sci- now we face an elongated military Now, I would like to mention just a entific ethics and violation of the pub- presence in Iraq, an escalating war in couple of things about Pakistan. In the lic trust. Certain actions appear to Afghanistan, and potential disaster in Los Angeles Times on November 1 in a qualify under the definition of U.S. Pakistan, and being pushed from be- story about Secretary Clinton’s visit to Federal policy on research misconduct. hind into a war with Iran.’’ Pakistan, it said: ‘‘At a televised town While this investigation is an impor- And then in the December 3 issue of hall meeting in Islamabad, the capital, tant step, the resolution states that The Washington Post, it says: ‘‘Presi- on Friday, a woman in a mostly female the United States should not consider dent Obama’s new strategy for com- audience characterized U.S. drone mis- limitations on emissions until suffi- bating Islamist insurgents in Afghani- sile strikes on suspected terrorist tar- cient scientific protocols and a robust stan fell on skeptical ears Wednesday gets in northwestern Pakistan as de oversight mechanism have been estab- in next-door Pakistan, a much larger, facto acts of terrorism. A day earlier, lished to preclude future infringements nuclear-armed state that Obama said in Lahore, a college student asked of public trust by scientific falsifica- was ‘at the core’ of the plan and had Clinton why every student who visits tion and fraud. even more at stake than Afghanistan. the U.S. is viewed as a terrorist. The In addition to the economic and regu- Analysts and residents on both sides of opinions Clinton heard weren’t de- latory concerns about international the 1,699-mile border expressed con- scribed in voices of radical clerics or climate agreements, Congress should cerns about Obama’s plan to send 30,000 politicians with anti-U.S. agendas. not allow any agreement with any more troops into Afghanistan.’’ Some of the most biting criticisms other country nor agree to legislation And on that same day, The Wash- came from well-mannered university or regulatory action that will irrev- ington Post had a headline that said: students and respected, seasoned jour- ocably alter our economy until we can ‘‘A deadline written in quicksand not nalists, a reflection of the breadth of be assured that this data which forms stone.’’ dissatisfaction Pakistanis have with the basis for these laws and agreements Now, I think most Americans feel U.S. policies toward their country.’’ is based on sound science obtained and that 8 years in Afghanistan is not only This is a country, Madam Speaker, maintained using traditionally accept- enough; it’s far too long. After all, we that the Congress in a voice vote at a ed scientific principles. Signing an in- finished World War II in just 4 years. time when almost no one was on the ternal protocol in Copenhagen, espe- Now under the President’s most opti- floor, most Members didn’t even know cially one based on questionable mistic scenario, we are going to be it was coming up, voted to send an- science, is un-American and will kill there another year and a half, that’s other $7.5 billion in foreign aid to Paki- jobs. 91⁄2 years, and we’re going to be there, stan on top of $15.5 billion that we’ve f we have 68,000 troops there now. They spent since 2003 there already. The SPEAKER pro tempore. Under a want to add 34,000 more at a cost of $1 This is getting ridiculous. A country previous order of the House, the gentle- billion per thousand per year, which that we are sending billions and bil- woman from Ohio (Ms. KAPTUR) is rec- means over $100 billion a year. lions and billions in foreign aid to, and ognized for 5 minutes. The Center for War Information says it’s becoming so anti-American, and (Ms. KAPTUR addressed the House. we’ve already spent almost a half tril- they don’t appreciate this aid at all. Her remarks will appear hereafter in lion dollars in war and war-related We simply can’t afford to keep doing the Extensions of Remarks.) costs in Afghanistan at this point. these ridiculous and very wasteful ex- f And then I would like to ask, Who is penditures. And I will say again, we The SPEAKER pro tempore. Under a in charge? Because this weekend on the need to start putting our own people previous order of the House, the gen- interview program, Secretary of State first once again. tleman from Georgia (Mr. DEAL) is rec- Clinton and Secretary of Defense Gates f ognized for 5 minutes. said, Well, the year and a half with- The SPEAKER pro tempore. Under a (Mr. DEAL of Georgia addressed the drawal plan presented by the President previous order of the House, the gen- House. His remarks will appear here- at West Point really doesn’t mean any- tleman from Missouri (Mr. AKIN) is rec- after in the Extensions of Remarks.) thing, that we’re going to be there ognized for 5 minutes. probably another 3 or 5 more years. f (Mr. AKIN addressed the House. His That would bring our time there to 11 remarks will appear hereafter in the BITTER FRUIT or 13 years. That is ridiculous in a Extensions of Remarks.) The SPEAKER pro tempore. Under a country like Afghanistan, a very small f previous order of the House, the gen- country where we are fighting a very tleman from Tennessee (Mr. DUNCAN) is small force that has almost no money. CLIMATEGATE recognized for 5 minutes. And then I understand from one of The SPEAKER pro tempore. Under a Mr. DUNCAN. Madam Speaker, I the previous speakers that President previous order of the House, the gen- wish everyone would listen to these Karzai said that he needs American tleman from Texas (Mr. OLSON) is rec- words from a column in the current troops to be there another 15 or 20 more ognized for 5 minutes. issue of the American Conservative years. Well, he wants our money, that’s Mr. OLSON. Madam Speaker, yester- magazine. This column says: ‘‘We ran for sure, like any gigantic bureaucracy. day the U.N. climate change summit in Saddam out of Kuwait and put U.S. And what does any gigantic bureauc- Copenhagen, Denmark, began. The troops into Saudi Arabia, and we got racy want? They want more money and work of the summit is supported in Osama bin Laden’s 9/11. We responded more employees. So the Defense De- large part by the research developed by by taking down the Taliban and taking partment, being the most gigantic bu- the Intergovernmental Panel on Cli- over Afghanistan, and we got an 8-year reaucracy in the world, is going to con- mate Change, or the IPCC. This panel war with no victory and no end in tinue to want more money and more is responsible for assessing the state of sight. Now Pakistan is burning. We personnel. scientific knowledge related to climate took down Saddam and got a 7-year But when we have a $12 trillion na- change and reporting its findings to war and an ungrateful Iraq. tional debt and almost $60 trillion in the convention. ‘‘Meanwhile, the Turks who shared a unfunded future pension liabilities, And it is not a stretch to say that border with Saddam, have done no Madam Speaker, we simply can’t afford policymakers in the United States and

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.119 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13607 many other countries rely upon and that would make some traders blush, ing and replication by others. This re- use the data compiled by the IPCC as a and it punishes American manufac- quires the open exchange of data, pro- basis for making predictions on future turing. So for all those reasons, I wish cedures and materials, and, two, aban- climate conditions and setting policy cap-and-trade were off the table. Hope- don or modify previously accepted con- to limit potential causes of climate fully, it falls apart over in the other clusions when confronted with more change. body. complete or reliable experimental or The emails that emerged recently Then the question is, Could we act in observational evidence. from the University of East Anglia call some way that is sort of like the lon- Adherence to these principles pro- into question the accuracy of the IPCC gevity question? It might not extend vides a mechanism for self-correction data. There is evidence that research- our lives, but on the other hand, would that is the foundation of the credibility ers suppressed science and data that it hurt us? And in this case, what we of science. did not conform to their preferred out- are looking for is something that b 1745 comes. would work that wouldn’t hurt us, that I would like to read from one of the wouldn’t hurt our economy. Madam Speaker, the recent emails emails that was discovered: And what I have proposed is a 15-page out of the University of East Anglia on ‘‘I can’t see either of these papers alternative to the 1,200-page cap-and- the subject of climate change call into being in the next IPCC report. Kevin trade, and that 15 pages describes a tax question the scientific integrity of sev- and I will keep them out somehow— cut on payroll and a shift on to emis- eral of the researchers involved in de- even if we have to redefine what the sions, the result being that we would veloping the climate science that is peer-review literature is.’’ change the economics of the incumbent being used by decisionmakers around This is scary. The availability of ac- fossil fuels and begin replacing them the world. While allegations of fraud curate, objective, and scientific data is with better fuels that can create jobs and manipulation in the scientific essential for decision makers. Given and improve the national security of community are troubling in and of that the data was manipulated and hid- the United States. themselves, they are even more con- den and that opposing data was poten- Along the way, though, I think the cerning when the data in question is tially suppressed, it’s clear that the big debate about whether the climate being used by United Nations nego- United States should not commit to change models are right, and it’s very tiators as the basis for a global agree- any international agreement on cli- important that we get it right as to ment to limit greenhouse gases. Such a mate change or implement a domestic those models, but that process is going situation should give international and regulatory system that could damage to take a long time. It’s going to take domestic negotiators pause on the eve the economy and kill jobs. a longer time with this setback here of the U.N. Framework Convention on And I’m proud to be a cosponsor of recently with the revelation that var- Climate Change in Copenhagen. Ranking Member HALL’s resolution re- ious climate data has been manipu- Recent events have uncovered evi- garding scientific protocols and peer lated. dence from the Climate Research Unit review standards. Science is based on What we have here is a teachable mo- at the University of East Anglia, which facts and data, but there is also an ele- ment for all scientists everywhere that show that researchers around the globe ment of trust when public policy and when this kind of misconduct occurs, discussed hiding, destroying, and alter- science meet. If that trust is broken, it the result is all of science is ques- ing climate data that did not support is irresponsible for government to leg- tioned. It’s not a good result because their narrow global warming claims. islate on half-truths, incomplete find- the reality is we need this science to Their emails further indicate an at- ings, and bogus claims. advance, and we need it to advance in tempt to silence academic journalists This administration promised open- a transparent way where the evidence who publish research that is at odds ness and transparency, and they use can be pushed on and replicated if it’s with their ideology, and they even science as a primary means to dem- accurate. If it’s not accurate and can’t refer to efforts to exclude contrary onstrate that practice. It’s time for the be replicated, it’s rejected. But in the views from publication in scientific administration to stand up for the rejection, we learn, and science ad- journals. principle of openness, even if it means vances. Scientific research should meet high exposing findings that don’t meet their So I join with Ranking Member HALL standards of quality and should not be preexisting policy initiatives. in asking for a full investigation of held hostage to the ideologies of those f these revelations about the manipula- presenting the data. It is beyond com- tion of data because we need to get to prehension that we would even con- CLIMATEGATE the bottom of it. Especially in the sider implementing a carbon reduction The SPEAKER pro tempore. Under a Science Committee, we need to use this scheme which will irrevocably alter previous order of the House, the gen- as a teachable moment to figure out the economy and lead to more jobless- tleman from South Carolina (Mr. ING- how to advance science, true science, ness based on these fabrications. Before LIS) is recognized for 5 minutes. without manipulation of data in call- we move any further, we must restore Mr. INGLIS. Madam Speaker, a num- ing to account those who have manipu- scientific integrity to the process. ber of physicians would tell you that lated data. In the process, we will all Recent events really show that this longevity is based only on genetic learn a lot about the climate models, has not happened. The hacked emails make-up. But you might ask them, we will advance science, and we will provide evidence that researchers sup- Doctor, if I were to diet and exercise make better public policy. pressed science and data which did not safely, might I extend my life? Well, f conform to the preferred outcomes. For most physicians would say, If you can example, one researcher commits him- do it safely, go ahead. CLIMATEGATE self to ensuring that no nonconforming That is really what I think we should The SPEAKER pro tempore. Under a science will be mentioned in the IPCC’s be talking about when it comes to cli- previous order of the House, the gentle- fourth assessment report. He writes, mate change. If we can do it safely as woman from Illinois (Mrs. BIGGERT) is ‘‘Kevin and I will keep them out some- to the economy, we should act. If we recognized for 5 minutes. how even if we have to redefine what can’t do it safely, then we should hold Mrs. BIGGERT. According to the peer-review literature is.’’ up. American Physical Society, science is As a senior member of the House In the case of cap-and-trade, which the systematic enterprise of gathering Science and Technology Committee, I has passed this floor, unfortunately, knowledge about the universe and or- cannot stress enough how important and is pending now in the other body, ganizing and condensing that knowl- the availability of objective scientific it can’t be done that way. In other edge into testable laws and theories. data is for both decisionmakers and re- words, it will harm the economy. We The success and credibility of science searchers. When it comes to our econ- are talking about a tax increase in the are anchored in the willingness of sci- omy and environment, we cannot af- midst of a recession. We are talking entists who, number one, expose their ford to make decisions on the basis of about a Wall Street trading scheme ideas and results to independent test- corrupted data.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.124 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13608 CONGRESSIONAL RECORD — HOUSE December 8, 2009 With this in mind, the President that, at this point, it really hasn’t players were hitting 40 home runs. should call on the IPCC to establish a spiked that much higher in the last 10 They just weren’t breaking Babe robust oversight mechanism governing years. It has stayed at this relatively Ruth’s record. They were blowing that its work before further climate legisla- high, historical plateau. So their con- record away. They were just so much tion or regulatory measures are taken. cern is that there needs to be a re- stronger. Such action is necessary to prevent fu- evaluation as to whether or not the Then all of a sudden, baseball de- ture infringements of public trust by planet is actually warming. cided, because of congressional inter- scientific falsification and fraud. It’s kind of like saying to a mother, vention, to start testing for steroids. f Well, you know, the average tempera- Guess what happens? After they start ture is 98.6 for all human beings, and testing for steroids, all of a sudden, THE UNITED STATES—A LEADER little Joey’s temperature is now up to very quickly—just over the last 3 IN ENERGY INDEPENDENCE AND 100.6, 2 degrees higher, but it has only years—the same average for 40 home CLEAN ENERGY JOB CREATION been there for the last 10 days, so don’t run hitters that existed from 1920 has The SPEAKER pro tempore. Under worry about it. That’s the new normal been restored. The American League the Speaker’s announced policy of Jan- for his temperature, 100.6. Who as a leader only had 39 home runs this year. uary 6, 2009, the gentleman from Mas- parent would ever accept a 2-degree in- I wonder why that happened? Maybe sachusetts (Mr. MARKEY) is recognized crease in temperature for 10 days as because they tested for the injection of for 60 minutes as the designee of the being the new normal? artificial stimulants into baseball majority leader. Well, that’s what they’re saying players. Mr. MARKEY of Massachusetts. about the temperature of the planet. Well, the same thing is true when it Madam Speaker, without question, we The planet is running a fever. There comes to our planet. When you inject are now engaged in an historic debate, are no emergency rooms for planets. artificial stimulants into the atmos- and that debate is over the question of We must engage in preventative care; phere, you get warming. You are now whether the United States is going to but what they are saying is that this playing with Mother Nature. The become a leader and not a laggard on new temperature is the new normal, warming of the planet has dramatic the question of climate change and en- the new temperature for the planet, consequences for all of its inhabitants, ergy independence and clean energy job even though we can see the beginnings and we in the United States are not im- creation in our country. of the catastrophic consequences of What is happening on the Republican mune to the consequences. We are having that temperature at such a high side is that they have decided to en- going to be radically adversely affected level. by the impact. So what is the solution? gage in a phony debate—in a debate So this debate does turn on science. about science, which is, in fact, not de- Well, you might remember just about Ours is irrefutable. No one denies even batable, in a debate about whether the a year and a half ago that President on their side that the temperatures United States should be the leader in Bush went to Saudi Arabia. At a point have risen dramatically. They don’t de- green job creation and energy inde- when we had gas prices up around $4 a bate that. They don’t debate that the pendence, which should not be debat- gallon and at a point when our econ- Arctic ice cover is eroding rapidly. able. So let’s begin first with the omy was starting to teeter on the They don’t deny that there has been a science. brink because of this impact of oil, The science is quite clear. Over the 30 percent increase in the acidification President Bush went to Saudi Arabia. last 130 years, there has been a track- of our oceans. They don’t deny that it President Bush said to the Saudi ing of the temperature of the planet. It has become 6 degrees warmer in Alaska prince, Please produce another million is clear that we have now entered, as during the winter over the last 50 barrels of oil a day that we could pur- the world has industrialized, a period years. None of this do they deny, but chase from you. Send us more oil. Have of rapid warming of the planet. In fact, what they really are trying to do is to us buy more of your oil at $147 a barrel. since 2001, 9 of the 10 warmest years in stop any legislative attempt, any inter- That was a low point in American the history of our country have been national attempt to put together a set history. By the way, do you know what recorded. Nine of the 10 warmest years of solutions for these problems. That’s the Saudi prince said to President in the record. So this trend line, this really at the heart of this matter. Bush? rapid warming of our planet, is some- So, as we move forward, the issue for The Saudi prince said, I will consider thing which, of course, is of great con- us is: How do we deal with it? Well, you selling more oil to you at $147 a barrel, cern because glaciers melt. The Arctic know, I thought I would think through but you must first promise me that you ice cap melts. The deserts in Africa, in some analogy that we could use, and will start selling nuclear power plants Asia begin to widen. Water evaporates. what I thought about was baseball. to Saudi Arabia. The world, as a result, sees funda- In baseball, going back to 1920 when Do you know what President Bush’s mental changes in the way in which it Babe Ruth was playing, the average response was to the Saudi Arabians? operates. So this undeniable increase number of players in the Major We will start selling nuclear power Leagues who hit more than 40 home in warming due to the CO2, the green- plants to you. house gases which are going up into runs in a season was 3.3 players. That Now, which country in the world does the atmosphere, is something which we goes all the way from 1920 up until very not need nuclear power for its elec- really don’t have an ability to debate. recently. So that covers Babe Ruth, tricity? Which country in the world What the Republicans have done is Mickey Mantle, Willie Mays. That’s has so much sun, so much wind, so they have taken a couple of emails why they were so famous. Anyone who much oil, so much gas that to build a from some scientists who had a fight could hit more than 40 home runs was nuclear power plant would really be a scientifically over whether or not they very famous. waste of money? I wonder why the would be properly characterized at Then all of a sudden, beginning about Saudi Arabians would want nuclear some point in the past, and they have 20 years ago, more and more players power—uranium? plutonium? Yet that taken that as an entree to question the started hitting more than 40 home is the promise that President Bush consensus that has been reached by the runs. Major League Baseball said, Well, made to the Saudi Arabians. National Academy of Sciences of every don’t worry about it. The players are We are in the midst of a debate over country in the world. It’s kind of their getting stronger. Don’t worry about it. climate, in a debate over some emails. death panel equivalent for the climate The ballparks must be getting smaller. Who do you think partnered with these debate, for the energy debate. How can Now, some people said, Maybe, just skeptics? Who do you think has we find something that’s irrelevant— maybe, the players are injecting partnered with the Republican Party in minor—and elevate it to the point steroids into themselves; but Major now questioning the validity of climate where it obscures the need for us to League Baseball said, No, no, no—don’t change? really debate the big issues that are in worry about it—until finally we front of us? reached a point where 10 players were b 1800 So this warming trend is absolutely hitting 40 home runs, where 15 players The Saudi Arabians yesterday said, indisputable. What they contend is were hitting 40 home runs, where 17 we want an investigation. We want an

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.126 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13609 investigation as to whether or not very, very thin reed and try to use it as They are calling it all into question. there really is climate change affecting a way of undermining our ability to Of course, they don’t have any answers the planet. Now, I wonder why the pass historic legislation and the for it. They don’t have any way of real- Saudi Arabians, the number one pro- world’s ability to come together to cre- ly explaining it, but they are using it ducer of oil on the planet, the number ate historic international agreements as a deliberate political tactic in order one exporter, would start to question to reduce the amount of fossil fuels to slow down the legislative and inter- climate change, start to try to throw that we burn in our atmosphere. national response to the problem. some doubt into whether or not the People say, oh, can you do it? Is it The head of the Intergovernmental world should be moving away from im- possible for the United States? Is it Panel on Climate Change, Rajendra ported oil, moving away from this de- possible for us to lead in this new di- Pachauri, 2 days ago said in the open- pendence on Middle Eastern oil. rection? ing session of the United Nations Cli- I wonder why they would be the part- Well, I would point back to the 1990s. mate Change Conference in Copen- ner with the American Petroleum In- In the 1990s, we were still living, unfor- hagen that the recent incidents of stitute on this issue, in the same way tunately, in this kind of black rotary- stealing the emails of scientists at the that maybe you would wonder why the dial phone world. We were living in a University of East Anglia shows that American Tobacco Institute used to world where cell phones were about the some would go to the extent of car- question whether or not smoking size of a brick, it cost 50 cents a minute rying out illegal acts, perhaps in an at- caused cancer and all of the science to make a call and people didn’t have tempt to discredit the IPCC. But the which they funded at the American To- cell phones in their pocket. We had to panel has a record of transparent and bacco Institute as these fumes were change the laws in the United States. objective assessments stretching over being inhaled by people and by children Well, I happened to be the chairman 21 years performed by tens of thou- and those families. of the Telecommunications Sub- sands of dedicated scientists from all Well, now we have a different kind of committee at that time. If we wanted corners of the globe. I am proud to in- fume that has been going up from coal- an 18-inch satellite dish that people form this conference that the findings could buy, we had to change the law. If fired plants, from oil that is consumed of the panel are based on measure- we wanted cell phones that people in our country and around the planet. ments made by many independent in- could have that had data, video, voice, We know that there is a dangerous stitutions worldwide that demonstrate and they paid under 10 cents a minute, warming of our planet, a dangerous im- significant changes on land, in the at- we had to change the laws. If we want- pact. mosphere, the oceans and in the ice- ed to have broadband in our country, Yet, like the American Tobacco In- covered areas of the Earth. The inter- rather than narrow band, if we wanted stitute, the American Petroleum Insti- nal consistency from multiple lines of to have a capacity to have Google, tute says, well, let’s question what’s evidence strongly supports the work of eBay, Hulu, Amazon, Twitter and going on. The Saudi Arabians say, let’s the scientific community, including question what’s going on. Maybe we YouTube, we would have to change the laws. those individuals singled out in these don’t want to move too fast. Now, of course, there were many peo- email exchanges, many of whom have Well, let me tell you something. In ple, led by the Chamber of Commerce dedicated their time and effort to de- 1970, when the United States was just of the United States, opposed to the velop these findings in teams of lead really beginning to get addicted to im- Telecommunications Act. The Cham- authors in the series of IPCC assess- ported oil, we imported about 20 per- ber of Commerce said, Oh, it will be ment reports during the past 21 years. cent of the oil which we consumed in bad for our country. Can you imagine if The IPCC process is designed to en- the United States. Well, today, ladies we had listened to the Chamber of sure consideration of all relevant sci- and gentlemen, we import 57 percent of Commerce and we had not changed our entific information from established the oil that we consume, and we import laws? All of these products would have journals with robust peer-review proc- it from very dangerous places in the been created—but not in the United esses or from other sources which have world. States. We would not have branded it undergone robust and independent peer As a matter of fact, here is an as- ‘‘Made in the U.S.A.’’ review. The entire report-writing proc- tounding number. One half of our en- We are a technological giant. That’s ess of the IPCC is subjected to exten- tire trade deficit is from imported oil. our greatest strength. Our weakness, sive and repeated review by experts as Everything else that we import com- our greatest weakness, is that we only well as by governments. bined is equal to the price we have to have 3 percent of the oil reserves in the There were a total of around 2,500 ex- pay for oil to bring it into our country. world, and we allow it to control our pert reviewers performing this review We produce fewer than 8 million bar- destiny. process. Consequently, there is full op- rels of oil a day, we import more than This revolution, the telecommuni- portunity for experts in the field to 11 million barrels of oil a day. Over the cations revolution, it created 1.5 to 2 draw attention to any piece of pub- course of the year, oil accounts for half million new jobs. There are people all lished literature and its basic findings of our trade deficit. across our country right now, and we that would ensure inclusion of a wide Now, here is another astounding fact. are able to go down and check our range of views. Three percent of the world’s reserves of BlackBerry, even as they are listening The Republicans have been unable to oil are controlled by the United States, to us here. That’s great. That’s what win a debate on clean energy and cli- but we actually consume 25 percent of we should be looking for. mate based on the facts, the science or the world’s oil every day, 3 percent of That’s what young people want. the economics. Now, in a desperate at- the world’s oil reserves, 25 percent of That’s what ‘‘the green generation’’ tempt to manipulate the truth, they the consumption. wants. They are saying, no brainer, have joined with Saudi Arabia and Now, you keep that going for another why don’t we move towards green en- ExxonMobil to promote a manufac- 5 years, 10 years, 20 years, you can see ergy? Why don’t we move towards tured scandal about stolen emails, not what that’s going to do to our national these clean energy jobs, wind, solar, science, because they can’t answer security. You can see what that’s going move that way? No, no the opponents these questions about the warming of to do to our trade deficit. You can see are saying. That would be dangerous. the planet, the permafrost being de- what that’s going to do to a new clean- They have got a couple of emails that stroyed up in Alaska. energy jobs revolution. they believe call into question the en- The personal emails in question—— Those that want this revolution to be tire science of whether or not the plan- Mr. LINDER. We are prepared to stopped, this revolution consisting of et is warming, whether the glaciers are have that debate right now if the gen- wind energy, solar energy, geothermal, melting, whether the corals are being tleman would yield. biomass, all-electric vehicles and hy- destroyed, whether there has been a 30 Mr. MARKEY of Massachusetts. The brids, buildings that are twice as effi- percent increase in the acidification of gentleman will have his turn. cient so that we don’t have to use all our oceans, whether or not there has The personal emails in question do that energy. All of the opponents, of been a 6-degree warming in Alaska in not in any way disprove or undercut course, are going to jump on this very, the winter over the last 50 years. the mountain of scientific evidence on

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.128 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13610 CONGRESSIONAL RECORD — HOUSE December 8, 2009 global warming. Now the Republicans issue to derail legislation. They do not House saying we have found the dan- are attacking the scientists who have have the information. They do not ger. worked decades on this problem, going have the scientific evidence to main- But Vice President Cheney found out so far as to accuse them of scientific tain their points. However, the Saudi that an email had been sent and the fascism. Arabians and ExxonMobil, they want finding was not going to be finalized This is an insult to America’s best to question it. They want to continue until the Bush White House accepted and brightest scientists. The science business as usual in our country. But that email. that we are relying upon is the science the consequences, if we do move for- So what did they do? Vice President of NASA, the science of NOAA, the Na- ward in their direction, will be further Cheney ordered that the email not be tional Oceanic and Atmospheric Ad- catastrophic consequences for our plan- received in the White House. No email, ministration, the National Academy of et. which is the consensus of the Environ- Sciences and our United States mili- The emails do not in any way indi- mental Protection Agency of George tary. That is the evidence that we are cate global warming data is flawed or Bush that CO2 is a danger; we won’t ac- relying upon. Men and women who had manipulated. The emails do not in any cept that email. nothing to do with the emails and way undermine the sound science or Now, there is a scandal. That’s a whose work has shown climate change disprove the unequivocal scientific scandal. The American Environmental is real and a danger to public health. consensus that global warming is real Protection Agency has made a finding The scientists have used a careful, and caused by manmade carbon pollu- that CO2 is a danger and Vice President rigorous and transparent approach to tion. These emails do not show evi- Cheney says, We won’t accept it. Send come to consensus that evidence of dence of a conspiracy. The emails do the email back because once we get it, global warming is unequivocal. The not contain admissions of a global we’ll have to act on it. There is a scan- data topics referred to in the emails warming hoax. And the emails do not dal. That’s the Cheney-Bush years, were all transparent and also debated show that data was falsified. The Re- holding hands with the Saudi Prince. openly and in public literature at that publicans are cherry-picking key words Please send us more oil, denying the time. in emails to try to manufacture a scan- science that their own EPA had devel- Additionally, the American Associa- dal. oped saying that CO2 is a danger to the tion for the Advancement of Science, Here are two prime examples: one health and welfare of our country. the AAAS, has reaffirmed its state- email suggests using a trick. Now, this That is what is the real scandal, that ment that global climate change email was written in 1999, 10 years ago. they were denying science. They were caused by human activities is now un- Since that time the planet has had 9 of denying the evaluation made by thou- derway and is a growing threat to soci- the 10 hottest years on record. We have sands of scientists not only in our own ety. seen category 5 hurricanes like country but around the world. On December 4, just a couple of days Katrina, record wildfires out West, vil- And who are these scientists? ago, more than 25 leading U.S. sci- lages falling into the sea in Alaska, They’re the people that work at NASA. entists sent an open letter. Here is and a 500-year flood in the Midwest, They’re the people who work at NOAA. what they said. They said the content not to mention the disappearance of They’re the people who work at the of the stolen emails has no impact Arctic Sea ice at a rate far outpacing Navy Department, in the Army, in the whatsoever on our overall under- the climate models. These events are Marines, in the Air Force. These are standing that human activity is driv- not a trick. They have all found global the people that have gathered this in- ing dangerous levels of global warming. warming to be a danger to public formation. Our submarine crews who The letter states, even without includ- health and national security. This have been in Polaris submarines going ing analysis from the UK research cen- work is publicly available and fully under the Arctic to measure the depth ter from which the emails were stolen, transparent. of the ice, these are the people whose that the body of evidence underlying Next, skeptical scientists have not information is now being called into our understanding of human-caused been silenced or suppressed. The question by the Republicans. global warming remains robust. deniers have not been silenced. In fact, These are the people whose email The AAAS expressed grave concerns their very research and opinions men- going into the White House was re- that the illegal release of private tioned in the emails were, in fact, in- jected by Dick Cheney. No, we don’t emails stolen from the University of cluded in the IPCC report. Two of the want to act. We’re going to finish out East Anglia should not cause policy- skeptical papers that the emails sug- all 8 years of the Bush-Cheney era makers and the public to become con- gest should be kept out of the IPCC without ever having done anything fused about the scientific basis of cli- process are cited and discussed in chap- about climate change. mate change. Similarly, the pres- ter 3 of the 2007 IPCC Physical Science This scientific process is very robust. tigious British journal Nature pub- Basis report. Deniers have testified be- The emails show without question that lished an editorial last week saying fore Congress literally dozens of times. scientists are human. The power of the that there was no reason for its editors But the majority of their work has scientific process, however, has always to revisit papers submitted by sci- been funded by Big Oil and by other been its ability to overcome human entists whose emails were stolen. polluters. And let’s not forget deniers bias. That is the case with climate The American Meteorological Soci- and skeptics had 8 years of George science as well. Despite the revelation ety has also stated that the emails Bush to help them delay action. that a few climate scientists may have gave them no reason to revisit its con- The scientific process has been very considered acting inappropriately, clusion that human activity is driving robust; but if you want to have a story there is virtually no evidence that any- climate change. about emails, then let’s talk about the thing was done that in any way would Bryan Walsh of Time magazine Environmental Protection Agency of affect the final conclusion that was writes in his article, ‘‘The truth is that George Bush. reached that this is a real danger to the emails, while unseemly, do little to After the Supreme Court decision our planet. change the overwhelming scientific Massachusetts v. EPA was rendered in The burden of proof here is all wrong. consensus on the reality of manmade April of 2007, they instructed the Bush The climate deniers should be trying to climate change.’’ The IPCC chairman, administration and its Environmental explain why the tens of thousands of Rajendra Pachauri, in the opening of Protection Agency to make a deter- scientists who say global warming is the U.N. climate change conference, as mination as to whether or not CO2 unequivocal are wrong, why they think I just pointed out, made the very same posed a danger to the health and wel- global warming isn’t happening. And point. fare of the American people. They told they can’t do it. They cannot take on them they had to make a finding one these tens of thousands of scientists b 1815 way or the other. Well, back in May of around the world. So instead they’re So the consensus from the scientific 2008, the EPA of George Bush made the trying to create a mini-contretemps, community is clear that the Repub- decision that CO2 was a danger, and something that makes it look like licans are trying to manufacture an they sent an email over to the White there’s a real debate.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.128 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13611 Yes, it’s between Democrats and Re- to make. The finding the EPA had to the next manufacturing sector. They publicans, but it’s really between sci- make was not a danger to the world, a should be what Google and eBay and entists at a 98 percent level and every- danger to the United States of Amer- Amazon and YouTube all represented one else. But they’re trying to take the ica. And that email, that scientific in terms of the changing of our na- 1 percent, 2 percent and make it out email, was summarily rejected by Dick tional view as to how we worked in our like there’s an evenhanded debate. Cheney because once they accepted it, country. That is our challenge. That’s what the American Tobacco In- they would then have the political and This is actually a good debate to stitute used to do. The American To- moral responsibility to ensure that have because it gets right to the heart bacco Institute used to find a couple of something had to be done about it. of the matter, a green job revolution, scientists that said, Don’t worry about So there was no open and free discus- backing out imported oil and saving smoking, there’s still no conclusive sion inside the Bush administration on the planet in the bargain, or engaging evidence that it’s harmful to your that science. There was no roundtable in a debate over a few emails. By the lungs. with Dick Cheney sitting in the middle way, the emails were ultimately in- By the way, my father, smoking two of it saying, Well, let’s now debate the cluded in the report of the U.N.—in- packs of Camels a day, he used to say science. Oh, no. No free and open dis- cluded, not excluded. Included. to my brothers and my mother and I, cussion of science. No free and open During our debate here in Congress, Don’t worry about my smoking; okay? discussion of how the Vice President is we had the deniers that were able to sit Two packs of Camels won’t kill me. going to reject out of hand the con- at the table and to make their points. Until finally that little spot showed up sensus of the entire EPA of his admin- We heard them, we listened to them, on his lung and took my father. It still istration in the 8th year of the Bush we deliberated, and then we passed the didn’t convince, of course, the Amer- administration. So it wasn’t as though legislation based upon the over- ican Tobacco Institute. It didn’t con- there were a bunch of Clinton hold- whelming preponderance of scientific vince those people who were in sci- overs at this point. This was a decision evidence. entific denial that these fumes that made by the Bush administration and So that’s our challenge. We are ei- were being inhaled could lead to the its EPA, and it was rejected without so ther going to help each other on this death of people any more than the much as a debate by Dick Cheney and planet or we are going to hurt each science which is overwhelmingly con- the White House. other. We are either going to know clusive that the glaciers are melting, So all of this, unfortunately, is being each other or we’re going to hurt each the Arctic ice cover is shrinking, the covered by the media as though it’s other. The glaciers melting, the coral permafrost being exposed up in Alaska, kind of an evenhanded discussion here reefs dying, the deserts that are being the villages falling into the ocean be- that’s going on: 99, 98 percent of all sci- created, the least that we should be ginning with Shishmaref, the village entists on one side, 1 percent on the able to say to ourselves as a people in up in Alaska, because of that dramatic other side. No, let’s just make it even- the year 2050 is that we tried, we really warming; that it had nothing to do, of steven, which is kind of how the to- tried to do something about global course, they say, with the science— bacco debate was handled for a genera- warming, about this imported oil, kind of like the American Tobacco In- tion. about the need to create a new genera- stitute. Well, there are two sides to the story, tion of green jobs in our country. We But the overwhelming consensus not you know. Either tobacco and its inha- should try to create a world in 2050 only of our scientists but of the world lation into the lungs of human beings where children have to look to the his- is that these fumes that are being in- causes cancer or it doesn’t. There are a tory books to find that there ever was haled by our planet are making our couple of scientists over here that the such a time where America imported 60 planet sick. American Tobacco Institute has and percent of its oil, where we allowed the So that’s our choice. It’s to make there’s every other scientist in the temperature of the planet to warm them explain why the Arctic has lost world, every doctor, every physician. dangerously, where we missed the op- an ice cover three times the size of So this is a huge moment for us as a portunity to create 2 million green jobs Texas compared to just a couple of dec- country. We have two pathways that in our country. That’s what this debate ades ago; why Alaskan winters are 6.3 we can go down. We can continue to is all about. We have enjoyed the bene- degrees warmer now than they were 50 beg for oil from other countries. We fits of this fossil fuel era, but we have years ago; why the ocean waters are 30 continue to spew these greenhouse a responsibility to the generations to percent more acidic than they were in gases up into our atmosphere. Or we come to create a new era for them. pre-industrial times; why this summer, can say to America it is time for an oil That’s our challenge. the ocean was the warmest in NOAA’s change. It is time to move to an agenda And to have this debate over a couple 130-year record. of wind, of solar, of green buildings, of of emails is really a disservice to the The year 2000 was the 15th warmest plug-in hybrids, a new era where we be- American people and to the planet. year in NASA’s record; 2001 is tied for come the technological giant that we This should really be about something the eighth warmest; 2002 is tied for the should be; that we do in the energy that’s much bigger, and our country third warmest; 2003 is the sixth warm- field what we did in the technology sec- deserves that debate. The world wants est; 2004 is tied for the eighth warmest; tor; that we overhaul our relationship us to be the leader. We have dan- 2005 is the warmest year on NASA’s with these technologies so we can over- gerously gone down a path of imported record; 2006 is the seventh warmest haul our relationship with other coun- oil for too long. year ever recorded; 2007 is the second tries in the world and create the 2 mil- The other major story that we are warmest ever recorded; 2008 is the 10th lion jobs here in our country. debating right now is sending another warmest ever recorded; and just today 30,000 young men and women to Af- we learned that 2009 is projected to be b 1830 ghanistan to join the hundreds of thou- the fifth warmest year on record. All of And that’s really what is at stake be- sands that are already over there. How it leading inevitably, inexorably to- cause China right now is moving to- much more do we need to know? Where wards catastrophic conditions for our wards becoming number one in the do we send them towards? We send planet. world in wind, in solar, in all of these them towards the countries with oil; Well, as this science was being devel- technologies. we send them towards the countries oped, the Republicans did not decide to So if you listen to the dissenters that have fundamentalists that are accept it. Dick Cheney said, Keep that here, they’re willing for us to move funded by oil money. That’s the other email out of the White House. I don’t from an era where it’s made by OPEC major story. It doesn’t take a lot to care what my own EPA says. I don’t to an era made in China without ever link them together, to make it all part care what the scientists hired by the having had a ‘‘Made in America’’ pe- of one big opportunity for our country. Bush administration said about global riod. These jobs in wind, in solar, green Let’s follow the science. Let’s follow warming, that email telling us that it buildings, plug-in hybrids, they should all of those who have labored to create is a danger to our planet, to our coun- be American jobs. They should be the this understanding of what’s happening try, because that’s the finding they had future for our country. They should be to our planet, to our country, and end

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.129 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13612 CONGRESSIONAL RECORD — HOUSE December 8, 2009 the debate over the emails and begin a Mr. BARTON of Texas. Well, one of and maybe participate in our Special real debate about our energy and cli- the things that I hope we can agree, we Order, you would be welcome. mate future. can have different opinions, different Mr. MARKEY of Massachusetts. I With that, Mr. Speaker, I yield back views on issues, but between you as thank the gentleman. the balance of my time. chairman of the Climate Committee Mr. LANGEVIN. Will the gentleman Mr. BARTON of Texas. Mr. MARKEY, and Mr. WAXMAN as chairman of the yield? before you yield back, could you an- Energy Committee and Mr. SENSEN- Mr. MARKEY of Massachusetts. I swer a question if you still have time? BRENNER, who is your ranking member, would be glad to yield to the gen- Mr. MARKEY of Massachusetts. I and myself, who is the ranking member tleman from Rhode Island. would be glad to yield. on Energy, we should be able to get a Mr. LANGEVIN. I thank the gen- Mr. BARTON of Texas. We have a data set that we both agree is what the tleman for yielding. fundamental difference on the data, facts are, and I would like your co- Let me just commend the gentleman which is part of what our Special Order operation in doing that. from Massachusetts for his incredible is going to be. We have verifiable data Our data sets that I’m going to al- work on the issue of addressing global that the temperature has gone down lude to are different. Now, I know climate change, an issue that I know in the last 11 years in a row, and yet you enough to know what I don’t know. many ways has become his life’s work alluded to some data points about the And I don’t know if that’s a surface for so many years. I deeply appreciate hottest years on record and stuff; I temperature, I don’t know if that’s a his work here in the Congress, particu- mean, how do we reconcile that? tropospheric temperature in the upper larly as he leads the committee on the Mr. MARKEY of Massachusetts. How atmosphere, I don’t know if that’s a environment and global climate change do I reconcile what? local temperature that’s some sort of here in the Congress. Mr. BARTON of Texas. We can’t both an annual mean. There are all kinds of Madam Speaker, I rise tonight to be telling the truth. We can’t say the different ways to describe it and to cal- join my colleague, Mr. MARKEY, and so temperature has gone down 11 years in culate it, but we ought to agree, as pol- many others, in addressing this issue of a row and you have data that says 2005 icy leaders, on a way to get a data set global climate change, particularly was the second hottest year on record that everybody says, then we are going during tonight’s Special Order hour to and all of that. I mean, how do we rec- to debate the implications of that data recognize the critical negotiations that oncile these data points? I mean, is set, whatever it is. And I hope that you are beginning to take place at Copen- there a way, a methodology that we and Mr. WAXMAN—— hagen at the United Nations Climate can supply our data and you can supply Mr. MARKEY of Massachusetts. And Change Conference. your data and we can try to reconcile I would be more than willing to do Like so many of us, I am greatly con- them? I mean, the facts ought to be the that. But then we have to agree whose cerned with the permanent damage facts. We can have different opinions, data are we going to rely upon? I would that we have already inflicted on the but we ought to agree on what the say that if we don’t rely upon NASA’s planet by failing to curb carbon emis- facts are. data and NOAA’s data, which are the sions, but I believe that there is still Mr. MARKEY of Massachusetts. institutions that we historically have time to enact meaningful reform that Well, the facts are very clear. The facts relied upon, then we are going to allow will not only stop the harmful effects are that 9 of the 10 warmest years on a small number of outlying—— of pollution, but will also jump-start Mr. BARTON of Texas. We are going record have occurred in the last 10 our economy with a greater investment to introduce, in our Special Order, years and it has reached a temporary and demand for clean energy. some serious concerns that some of the plateau. We are in a recession, and in This issue, in terms of addressing scientists that maintain these data China and in the United States and in global warming, is important for our sets manipulate, change and eliminate other countries there has been a slower environment, it’s important for our na- for their own conclusions. And again, pace of increase in emissions. And by tional security, it’s important for our it’s very fair to have an opinion and the way, this year it’s going back up economy in creating jobs of the 21st have a scientific debate, but it again, it’s going to be the fifth warm- century, and clearly it’s so vitally im- shouldn’t be fair to manipulate the portant to the future of our planet. est year in history this year. data in a way that at best is disingen- Mr. BARTON of Texas. Are those The predictions of what will happen uous, or in some cases deceitful, and I data points public? to our planet if we do not take action hope you would agree with that. Mr. MARKEY of Massachusetts. Yes, Mr. MARKEY of Massachusetts. I on global warming are startling, and they are public. This is the data pro- completely agree with that. And I often they are even too dire to com- vided by NASA, which I will provide to think that the incontrovertible evi- prehend. But as a representative of the you. NASA has been compiling tem- dence of the overwhelming majority of Ocean State, I simply can’t ignore the peratures from the last 130 years, and I scientists in the world is what is rep- situation that is facing my State today will be more than willing to give it to resented by the science that the United and in the near future. In my home you. Nations and all of the National Acad- State, just off our coast, the tempera- I guess the fundamental question is, emy of Sciences of every country in the ture of Narragansett Bay has risen 2 as China and India industrialize, as world has accepted. degrees in the past 30 years, leading to other parts of the world industrialize Again, as I point out, even papers dramatic changes in the fisheries popu- and start to send up more fossil fuels mentioned in those emails and the lation. In Rhode Island, our economy into the atmosphere, do we believe this points in them were included in the relies on the fishing industry, and they trend is likely to stop and abate, or is IPCC, the Intergovernmental Panel on are being so adversely affected right it likely to exacerbate and continue to Climate Change report of the United now because of these issues. skyrocket? I think the evidence, since Nations. So it was in. It was a minority Conservative graphs of our coastal the beginning of the industrialized pe- view, it was not accepted by the over- communities in the year 2100 shows cit- riod as we have moved from 280 parts whelming majority of scientists. And ies that are halfway underwater. What per million to 380 parts per million of amongst these human beings that are happens to the investment that we’ve CO2 in our atmosphere, is that the scientists, they did show some very made to restore our fisheries, upgrade more we add the warmer it gets. And as human qualities as they debated the our ports, and to refurbish our waste- the 3 or 4 billion people in this devel- subject, but it never did call into ques- water infrastructure? Well, they will oping world begin to want to drive tion the fact that human activity was slowly be underwater, and the Federal automobiles and have electricity in causing the warming of the planet. But investments that we made will be gone. their homes, it’s pretty clear that the the views were included in section When I listen to my colleagues speak trend line is heading upwards. Yes, three of the Intergovernmental Panel about things like the deficit, they over the last 10 years it stayed very on Climate Change’s report that the often lament that we are focused on warm. As I said earlier, it’s like a child United Nations produced. short-term fixes while perpetuating a having the same temperature, 100.6 not Mr. BARTON of Texas. I encourage long-term burden that our grand- 98.6, for about 10 days. you to listen, and if you wish to stay children will have to carry. Well, I

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.130 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13613 agree with them. I don’t want the next Earlier this year, the Environmental dogma of fear is about control and ob- generation to be burdened with the de- Protection Agency was caught sup- taining taxpayer money. Ronald cisions that we make here today and I pressing dissenting views, just like the Reagan said it best: Government does don’t want to leave them with air they Climategate warmers in Britain and not solve problems; it just continues to can’t breathe, water they can’t drink, NASA. One of the EPA’s own scientists subsidize them. and destroyed infrastructure up and wrote a report refuting manmade glob- And that’s just the way it is. down the coastline. al warming science, using the latest, f We need to address this issue now. I most current information that says the GLOBAL WARMING OR CLIMATE look forward to working with my col- Earth is actually cooling right now. In CHANGE leagues on addressing global warming. fact, the Earth has been cooling for I commend the gentleman from Mas- more than a decade. That’s really an The SPEAKER pro tempore. Under sachusetts again for his extraordinary inconvenient truth for Al Gore and the the Speaker’s announced policy of Jan- work on global climate change issues. global warmers. uary 6, 2009, the gentleman from Texas f But the people at the EPA buried the (Mr. BARTON) is recognized for 60 min- utes as the designee of the minority CLIMATEGATE SCANDAL dissenting report, just like the Climategate warmers did and maybe leader. The SPEAKER pro tempore (Ms. NASA. The EPA bureaucrats said their Mr. BARTON of Texas. Madam MARKEY of Colorado). Under a previous scientist’s own report wasn’t helping Speaker, I do think that I will use the order of the House, the gentleman from their agenda, so they hid it and threat- 1 hour. I understand there’s going to be Texas (Mr. POE) is recognized for 5 ened the scientist so he would keep his a rule reported in the time, and we’ll minutes. mouth shut. The question is: Why can’t certainly yield to the person from the Mr. POE of Texas. Madam Speaker, it Rules Committee to file that rule. seems the science behind man-made the public see the dissenting view from other scientists? Isn’t that what Madam Speaker, I wish to rise to dis- global warming is melting before our cuss a topic that’s already been dis- eyes. Now there is a chance that even science is all about? The reason: It ap- pears to me that careers are at stake, cussed on the House floor this evening. NASA will be pulled into the worldwide It’s the issue of climate change or glob- Climategate scandal. along with millions upon billions of dollars. al warming. Next week, I am honored b 1845 In the 1970s, Time and Newsweek pre- to be one of the congressional delega- For nearly 3 years, NASA has been dicted global cooling, that the world tion attending the Copenhagen Climate stonewalling requests under the Free- was all going to freeze. But when cli- Change Conference in Copenhagen, dom of Information Act for informa- mates began to warm, scientists Denmark, that’s going to be led by our tion surrounding their own tempera- changed that name to global warming esteemed Speaker, the Honorable ture manipulations. Earlier, we learned instead of global cooling. And have we NANCY PELOSI. I also attended Kyoto, that the University of Anglia in Eng- noticed that the planet has actually Buenos Aires, and The Hague. I’m the land where those global warming sci- began to cool again? Madam Speaker, ranking Republican on the Energy and entists house themselves had been hid- it even snowed last week in Houston. It Commerce Committee and formerly ing emails that contradict their theory never snows in Houston. A snow in also on the Science Committee, and I of global warming. Houston is about as frequent as a hur- have been a participant at the congres- So now Climategate has a twin sis- ricane in Iowa. sional level on the climate change de- ter, NASAgate. Investors’ Business But the warmers, again, have bate for the last 20 years. Daily reported just yesterday on NASA changed the name of that catastrophe. I’m going to start off by putting into being forced to change their climate It’s now no longer global warming; it is the RECORD a suppressed report that records that the world has been using climate change. That’s a safe bet, be- Congressman POE just talked about for years. They said, ‘‘NASA was cause the climate does change almost that has never before this evening been caught with its thermometers down every day. And why would they do made public in its entire, unexpurgated when James Hansen, head of NASA’s this? What’s the motivation for these form. The title of the report is Com- Goddard Institute for Space Studies, scientists to apparently cook the books ments on the Draft Technical Support announced that 1998 was the country’s on global cooling or warming or cli- Document for the Endangerment Anal- hottest year on record, with 2006 the mate change? It’s money. ysis for Greenhouse Gas Emissions third hottest.’’ According to the leaked Climategate under the Clean Air Act. This report The last speaker, with all due re- documents, the British university, the was compiled by Dr. Alan Carlin, who spect, used these false statistics in his CRU at the center of the Climategate is a career scientist and investigator at speech claiming global warming is a scandal, has received millions of dol- the EPA. At one time, he self-described crisis. The fact is: ‘‘NASA and Goddard lars. NASA’s climate change warmers himself, I’m told, as a global warming were forced to correct the record in stand to receive a billion dollars in believer. He prepared this report. He 2007 to show that 1934, decades before funding this year alone. Global warm- works in a group within the EPA that the old SUV, was in fact the warmest. ing is big business. Fox News reported is responsible for conducting an inter- In fact, the new numbers show that today that former Vice President Al nal review of some of these draft orders four of the country’s 10 warmest years Gore may be the world’s first carbon before they go public. And I’m not were in the 1930s.’’ billionaire. He makes money preaching going to read the entire report. I’m So how did NASA, the premier sci- fear in the name of global warming. going to read excerpts of the preface entific agency of the United States, get It’s a great thing to make money in and the executive summary, and then I such basic temperature calculations America. That’s what capitalism is all will put the entire report into the wrong? Did they cook the books too, about. But it’s not okay to earn money RECORD. just like the University of Anglia? We from investing in green technology This is from the executive summary don’t know. It turns out NASA has companies and, at the same time, forc- and the preface, and I quote, ‘‘We have been blocking the Freedom of Informa- ing expensive green laws and EPA reg- become increasingly concerned that tion requests about that incident just ulations on the American people based EPA has itself paid too little attention like the scientists in Britain. What are upon science that is not a fact. In the to the science of global warming. EPA they trying to hide? If global warming real world of science, if your calcula- and others have tended to accept the is a well-settled fact, why are these ex- tions are wrong by data and observa- findings reached by outside groups, perts hiding the evidence to the con- tion, you have to throw out the hy- particularly the IPCC,’’ which is the trary? And why isn’t NASA following pothesis. International Protocol on Climate the Freedom of Information law? It’s Some of the computer models using Change under the auspices of the been 3 years since that information CRU data as a result are falsified. That United Nations, ‘‘and the CCSP, as was requested. The public has a right includes the global warming claims. being correct without a careful and to see the temperature data in these And these are the top warmer sci- critical examination of their conclu- NASA emails. But there’s more. entists. These scientists and their sions and documentation. If they

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.130 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13614 CONGRESSIONAL RECORD — HOUSE December 8, 2009 should be found to be incorrect at a their review. ‘‘As of the best informa- vided to us by the EPA, and that’s the later date, however, the EPA is found tion we currently have’’—and this was version that I’m going to put in the not to have made a really careful inde- in March of 2009—‘‘the greenhouse gas/ RECORD. pendent review of them before reaching CO2 hypothesis as the cause of global b 1900 its decision on endangerment, it ap- warming, which the Draft TSD sup- pears likely that it is the EPA rather ports, is currently an invalid hypoth- As this author says, Dr. Carlin, he than these other groups that may be esis from a scientific viewpoint because was prophetic because we’re now seeing blamed for any errors. it fails a number of critical compari- that some of the climatologists— Further down on the executive sum- sons with available observable data. maybe more than some—have at- tempted to suppress certain data, to mary, Page 1, ‘‘Our conclusions do rep- Any one of these failings should be destroy data sets, to manipulate data resent the best science in the sense of enough to invalidate the hypothesis; sets, to not get a true scientific review, most closely corresponding to avail- the breadth of these failings leaves no able observations that we currently but to reach a preconceived conclusion. other possible conclusion based on cur- Madam Speaker, I think that is know of, however, and are sufficiently rent data.’’ As Feynman said in 1975, wrong. at variance with those of the IPCC, ‘‘failure to conform to real world data Mr. DREIER. Will the gentleman CCSP, and the Draft TSD that we be- makes it necessary from a scientific yield? lieve they support our increasing con- viewpoint to revise the hypothesis or Mr. BARTON of Texas. I will yield to cern that the EPA has not critically abandon it. Unfortunately this has not the distinguished member of the Rules reviewed the findings by these groups.’’ happened in the global warming de- Committee. Further, ‘‘we believe our concerns bate, but needs to if an accurate find- Mr. DREIER. I thank my friend for and reservations are sufficiently im- ing concerning endangerment is to be yielding. portant to warrant a serious review of made.’’ I know there are colleagues of ours the science by EPA before any attempt The failings listed below why we who are anxiously looking forward to is made to reach conclusions on the should not have an endangerment find- participating in this very important subject of endangerment from green- ing in order of importance in our view: Special Order, and I want to congratu- house gases.’’ Number 1, the lack of observed upper late all of you for the work that you’re And on Page 2, ‘‘What is actually tropospheric heating in the tropics; doing to demonstrate that there clear- noteworthy . . . is not the relative ap- Number 2, the lack of observed con- ly is a wide diversity of views on this parent scientific shine of the two stant humidity levels; question of global warming. sides’’—those that oppose and those Number 3, the most reliable sets of And I was listening to the exchange that support the global warming argu- global temperature data we have, using that my friend had with the chairman ment—‘‘but rather the relative ease satellite microwave sounding units, of the committee from Massachusetts with which major holes have been show no appreciable temperature in- (Mr. MARKEY), and I was thinking found in the greenhouse gas/CO2/global creases during the critical period from about the fact that one of the things I warming argument. In many cases the 1978 to 1997. Satellite data after 1998 is think would be very helpful for us to do most important arguments are based also inconsistent with the greenhouse is to try and pursue some bipartisan- not on multimillion dollar research ef- gas/CO2/AGW hypothesis; ship. That’s a buzzword that is used forts, but by simple observation of Number 4, the models used by the around here regularly. People talk available data, which has surprisingly IPCC do not take into account or show about how important it is for us to be received little scrutiny. The best exam- the most important ocean oscillations as bipartisan as we can. But I think ple of this is the MSU satellite data on which clearly do affect global tempera- with the controversy that exists from global temperatures. Simple scrutiny tures; both sides, there may be a way for us of this data yields what to us are stun- Number 5, the models in the IPCC ig- to come together on an issue. ning observations. Yet this has re- nored the possibility of indirect solar I wanted to come up and mention ceived surprisingly little study or at variability; this very briefly. I have joined, Madam least publicity. In the end it must be Number 6, the models in the IPCC ig- Speaker, with our colleague from Ohio emphasized that the issue is not which nored the possibility that there may be (Mr. KUCINICH.) I know that might side has spent the most money or pub- other significant natural effects on come as somewhat of a surprise that lished the most peer-reviewed papers, global temperatures; Mr. KUCINICH joined in an effort to deal or been supported by more scientific Number 7, surface global temperature with this question in a bipartisan organizations.’’ This is very important, data may have been hopelessly cor- way—and it might come as a surprise the next sentence. ‘‘The issue is wheth- rupted by the urban heat island effect. that DAVID DREIER would join with Mr. er the greenhouse gas/CO2/AGW hy- Now, this one is the one that I was KUCINICH in doing something that pothesis meets the ultimate scientific asking Mr. MARKEY about to see where would address this issue. But it is a test—conformance with real world he got his data set, because surface measure that I think is very important data. What these comments show is global temperature, if you take it in for us to look at. that it is this ultimate test that the downtown Manhattan, for example, is There is recognition—and Mr. MAR- hypothesis fails.’’ That the hypothesis going to be very different than if you KEY said this—that we have the poten- fails. ‘‘This is why EPA needs to care- take a surface temperature in a rural tial to create a couple of million green fully reexamine the science behind area. The actual urban effect, the con- jobs here in the United States. And I global warming before proposing an crete, the asphalt, the buildings raise think there is a desire to continue to endangerment finding.’’ the temperature, and there is some do what we can to improve our envi- Now, this is from Dr. Carlin in the concern that this urban heat island ef- ronment. I come from the Los Angeles EPA. This is not some disgruntled Re- fect has corrupted the temperature. basin. We have air-quality problems publican Congressman. This is a profes- Those are just seven reasons in this there. Very serious. I believe that if we sional scientist, Ph.D., in an office draft document why this author had were to take what is our comparative within the EPA that is tasked with re- skepticism about going forward with advantage—and my friend from Geor- viewing this endangerment document an endangerment finding. And yet, this gia and I have worked regularly on the before a final decision is made. And in report was not made a part of the trade issue—and take advantage of our his words, the ultimate test is whether record. This report was not made pub- comparative advantage, which happens the greenhouse gas CO2 hypothesis lic. In fact, this report was suppressed, to be the development of a wide range meets the ultimate scientific test con- and because of considerable anxiety on of alternative energy sources—whether formance with real world data. These the part of people like myself and Con- it’s algae, whether it’s wind, what- comments show that it is the ultimate gressman ISSA, Congressman SENSEN- ever—and provide a chance for those test that the hypothesis fails. BRENNER, the author was allowed to technologies to move to these devel- Further, on Page 3 of the executive put a redacted version of this report on oping countries which have not yet summary, there are several principal his personal Web site. Then we were been able to comply—Bangladesh, comments that they wish to raise in able to get the unredacted version pro- India, China, other countries.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.133 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13615 So Mr. KUCINICH and I have joined to you are—then you’re to test it. And hide it. We don’t want the public to introduce a resolution calling for the then you analyze the result and then know. tariff-free export of all green tech- draw your conclusions. Can you imagine scientists doing nology. Now, I believe that that would Based upon the scientific method, that? create jobs in this country, and it you can categorically say right now Again, the scientific community is would go a long way towards helping us that those who say the science that one of the most respected communities in our quest to deal with overall envi- solves are in error. The science does because they go by the scientific meth- ronmental issues. not solve. That is why all of this polit- od. And so while there is a wide range of ical activity is going on right now. Here they admit that they’re going views on this issue of global climate That is why now the EPA adminis- to keep the analyses out of the report— change, I do believe that it’s important trator is saying, We’re going to do two analyses that contradict what they for us to know that improving our en- endangerment findings. They want to want their hypothesis to be. vironment is something we can come do it before we are able to educate the Mr. BARTON of Texas. Now Mr. Phil together on. And I’d like to congratu- public that the science is not solid. Jones, he is the head of the Climate late my friend and say that I hope that And they are not providing us with the Research Unit at East Anglia Univer- in a bipartisan way we can encourage data points, they’re not complying sity in Great Britain. Is he the gen- entities like the World Trade Organiza- with Freedom of Information Act re- tleman that just resigned? tion to negotiate a worldwide agree- quests. And so this process is skewed. Mr. SHIMKUS. He is the person who ment that would allow green tech- So when they tested it, they found just resigned. nology to be exported to all parts of out that the results didn’t match their Mr. BARTON of Texas. And is Mi- the world. educated guess. And what did they do? chael Mann the professor at Penn State Mr. BARTON of Texas. I thank the These scientists are politicians. They that is the proponent, initially, of the gentleman for bringing that to our at- went into—we call it in the military hockey stick theory, which has been tention, and it sounds like a worthy they went and holed up. They lowered shown to be discredited and was actu- proposal. the turrets; they got under ground. ally using data sets that were manipu- Mr. DREIER. I thank my friend for Don’t ask questions. And here are some lated in a way that they shouldn’t have yielding. of the emails, in essence, to prove that. done? Those are the two gentleman, Mr. BARTON of Texas. I would like Here’s the first one. the author and the recipients of this to yield such time as he may consume ‘‘The fact is that we can’t account email? to a member of the committee from for the lack of warming at the mo- Mr. SHIMKUS. That is correct. the great State of Illinois (Mr. ment, and it is a travesty that we Mr. BARTON of Texas. And are these SHIMKUS). can’t.’’ two gentlemen two of the leading pro- (Mr. SHIMKUS asked and was given Mr. BARTON of Texas. When was ponents in the IPCC that climate is permission to revise and extend his re- that email? Was that 10 years ago? Was growing warmer because of manmade marks.) that a decade ago? When was that? CO2 emissions? Mr. SHIMKUS. Thank you, Mr. BAR- Mr. SHIMKUS. 12 October, 2009, at Mr. SHIMKUS. They are the fore- TON. 8:57. most promoters of the theory. I think what is important, Mr. BAR- Mr. BARTON of Texas. So that was 2 And there’s the followup. Are they TON, was your focus on science and months ago. receiving taxpayer dollars to promote your focus on data points and what we Mr. SHIMKUS. As of 2 months ago, this theory through the IPCC, which is should be able to do in the Chamber in we can’t account for the lack of warm- the U.N. International Panel on Cli- a bipartisan manner is to agree on the ing. mate Change, or Virginia.edu, and you data points. We should be able to agree There’s two things here. First of all, could speculate that there are DOE on what the science is, and that’s in they say we can’t account for the lack grants, EPA money, going. And an- question. And for many of us it has of warming. So their background re- other thing, these scientists are for been in question for a long time. search, he is already trying to skew the hire. They’re for hire. We’re joined by JOHN LINDER who’s research. And he has an emotional re- Mr. LINDER. Will the gentleman been following this as long as anyone sponse: ‘‘It’s a shame. I’m saddened.’’ yield? else has, and part of his search has Scientists shouldn’t be emotionally at- Mr. SHIMKUS. I will yield. been because the scientists would not tached to the data. This is the data. Mr. LINDER. We heard the gen- give the data. They would never tell us Let’s test it. tleman from Massachusetts talk about what’s the base by which they’re mak- What we would encourage our friends Big Oil, and Saudi Arabia funding all of ing this extrapolation. And so I’m glad on the other side to say is, in a bipar- the opposition. I can’t find the sci- that you highlighted the scientific tisan manner, let’s get the facts on the entists that are getting those checks. method that I didn’t get on the chart table, and let’s get the scientists to But a recent study came out in the last but I brought down here. look at the facts. The facts are being several weeks that says that govern- It’s very simple. I taught high school. hidden. That is sad. ment money going to climate science You’re an engineer. I went to an engi- One is they don’t have the facts; two on behalf of those who believe in neering school. This is irrefutable. This is he’s emotionally distraught because human-cause global warming has been is how science is done. You ask ques- his hypotheses cannot be proven. $79 billion over the last 20 years. They tions. You do background research. Here’s another one to the ranking have dwarfed anything on the other Background research in this debate member. ‘‘I can’t see either of these pa- side of the issue. And they continue to would be to get the temperatures. pers being in the next International do it. We’re already questioning the back- Panel on Climate Change report. Kevin Would you suggest that maybe that’s ground research, one, based upon the and I will keep them out somehow— why they are continuing to hide this request from the Freedom of Informa- even if we have to redefine what the situation because the money keeps tion Act, and of course now our friends peer-review literature is.’’ coming? at the IPCC are saying, We don’t have Here’s another process on the sci- Mr. SHIMKUS. I believe that those them. The dog ate the homework. It is entific message. Analyze the results. who seek taxpayer dollars—we know amazing. Scientists are really some of Draw conclusions. They have got here that agencies and programs never the most respected professionals. But some—they’ve done some analysis that go away. If that’s why they’re not pro- they’re respected because of this, this doesn’t support it. So are they going to viding the data, that’s why they’re hid- process, which should be objective. You add that in a scientific objective fash- ing the fact of the last decade—can you should be able to follow it. You should ion, say, This is what we believe, but imagine us in this environment of try- be able to construct a hypothesis. The there are some who disagree—they say ing to get control of the deficit and the hypothesis is an educated guess. That that the facts don’t speak for the debt, and we’re spending billions of dol- is all it is. It’s not truth. It’s a guess hypotheses? No. These scientists say, lars to scientists who are not using the based upon the data points. And then We’re going to bury it. We’re going to scientific method?

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.134 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13616 CONGRESSIONAL RECORD — HOUSE December 8, 2009 Mr. LINDER. I believe the number Change, they are the U.N. designees to that as a rude question, and it took me this year is $7 billion from the govern- continue to provide the information to a year to get a copy of that chart. But ment. the folks who attend the conference I studied that chart. And then I looked Mr. SHIMKUS. So, yes, they’re on upon which they make the decisions. at the studies about the Vostok ice the dole. They want to keep their jobs Mr. BARTON of Texas. And if the core. And what you discover when you so they’re continuing to promote and President were to commit the United don’t have it on a, 81⁄2-by-11 piece of deceive the public. I don’t know. I States to a legislative path that these paper and expanded is that tempera- would say it’s pretty damaging to their scientists support, and if we were to ture changes precede CO2 changes by name, to the community, and also to adopt as law the climate change bill about 1,000 years. the taxpayers. that passed the House that requires a Mr. BARTON of Texas. That means Now, if I may, I have one more that reduction of 83 percent of emissions that temperature is the dominant vari- I’d like to share. And there are tons. I from CO2, manmade sources, 2005, by able, and that it drives the dependent mean, these are just a small sampling. the year 2050, and we implemented variable, which is CO2. Temperature The ones I picked out I kind of wanted that, we would have a CO2 emissions goes up and then CO2 goes up. to address the scientific method. level in this country that we last expe- Mr. LINDER. That’s correct. One Again, as an engineer, give us the rienced in 1910. And if we do it on a per study says 800 years, one study says facts, give us the data, test the data, capita basis that we last experienced 2,800 years, but people average it at prove if it’s right or wrong. If it’s per person in 1875, is it the gentleman’s about 1,000 years. wrong, get an analysis, and then maybe position that if we were to do that, our Mr. BARTON of Texas. So Vice Presi- try again. Retest it. Let’s retest the lifestyle in the year 2050 would be any- dent Gore is only off by 180 degrees? Mr. LINDER. That’s right. And so is data point. where comparable to where it is today? the entire IPCC report. CO is a trace Mr. SHIMKUS. Our lifestyle would be 2 b 1915 gas. It is a plant food. It is beneficial to dramatically different. Here is another one: I’ve just com- Mr. BARTON of Texas. In a negative all of life. CO2 is a modest gas. Methane is 23 times more powerful at trapping pleted Mike’s Nature trick of adding in way. the real temps to each series for the Mr. SHIMKUS. We rely on jobs and heat. Sixty-five percent of the heat- last 20 years, i.e. from 1981 onwards, 20 our environment on cheap energy. And trapping gases come from water vapor. We are not going after them because years, for Keith to hide the decline. as you know I’m from the coalfields of we are going after people. What you So now, not only are they not pro- southern Illinois, and I spent this learn when you discover that CO levels viding the data, they are keeping the whole year and last year fighting for 2 analysis from being reported in the follow the temperature changes is that our coal reserves and the importance of there’s a reason for it. And the reason IPCC report, and they are jimmying that. And I usually bring another post- the numbers. They are actually using is this: we go through ice ages and er of miners who lost their jobs during global increases and declines in tem- tricks. the last cycle, 1,200 miners in one mine. These are scientists. Now, we are perature. And as the temperature de- The State of Ohio lost 35,000 coal miner clines globally, the trees at the top of politicians. I think people would have jobs. That is just a fraction of what we some skepticism. We don’t claim to the mountain start to die for lack of will see in this country if we roll back photosynthesis, and then the bushes, be—you claim to be an engineer; I went the carbon emissions, and if they could to engineering school. I understand it, and then the grasslands. And the dust prove it, but they can’t. that blows in the winds that are always but if you were building a bridge, or if Mr. BARTON of Texas. They can’t here blows out across the oceans. And you were designing a building, and you even prove it apparently with tricks. part of that dust is lead. And when that jimmied the numbers on the tensile Mr. SHIMKUS. Carbon dioxide is not lead settles to the bottom of the strength of the steel, you would be in a toxic emission. And that is what Ad- oceans, it catalyzes growth in the larg- real trouble because the design would ministrator Jackson just said. est biological mass we have in this be faulty, and the building would col- Mr. BARTON of Texas. If it were, the planet, the plankton. And that growth lapse. floor of the House would be a toxic Their design, Administrator Jack- demands CO2 to keep going. waste dump because there is more CO2 Now the oceans contain 70 times as son’s design to remake the United created here than in any other size States is on faulty data. It is on data much CO2 as the atmosphere does. And room in the country, with the excep- as the plant life, the plankton, pulls that has been jimmied. And this house tion of perhaps the Senate floor. that CO out of the oceans, homeo- of cards will collapse, and it will be 2 Mr. SHIMKUS. I would encourage stasis, or equilibrium, causes more CO jobs in the wake on faulty data. 2 you to keep up the great work. Thank to come out of the atmosphere and into Now, bring us real data. Go through you for letting me join you. the oceans. The reverse happens when the scientific method. Test it, but Mr. BARTON of Texas. I would now the planet warms up through more don’t hide it. Don’t trick us. Don’t de- like to yield to one of the most in- solar activity. So colder oceans hold ceive us. Don’t discourage your profes- formed Congressmen on the issue of cli- more CO than warm oceans. And when sion of scientists by staying on the 2 mate change, the Honorable JOHN LIN- the planet cools off, the CO winds up public dole to receive taxpayer money 2 DER of the great State of Georgia. in the oceans and out of the atmos- to continue to promote a fraud, a fraud Mr. LINDER. I thank the gentleman phere. We have 388 parts per million on the American public. So that’s why for yielding. today. I real appreciate, Congressman BAR- I first got interested in this 5 or 6 Mr. BARTON of Texas. And we be- TON, that you’ve taken this time to years ago on a trip to New Zealand. It lieve that the Atlantic and Pacific are help address this. There’s a lot of edu- was a congressional delegation. We had in a cooling period. cation. And this education has to go on a visit with the leader of the NOAA Mr. LINDER. They have been in a now because they are going to be mak- point there where they leave to go into cooling period. ing decisions in Copenhagen. They are Antarctica for their expeditions and Mr. BARTON of Texas. Something going to try to bind us to stuff on come back to this scientific center. called a PSO and an AMO or some- faulty data. And they put a PowerPoint presen- thing? Mr. BARTON of Texas. Now my as- tation together for us and a big chart Mr. LINDER. That’s correct. They sumption, and this is an assumption, is on the wall that showed that at that have been in a cooling period. And we that the gentleman that wrote those time they had dug into the Vostok ice have now 3,400 instruments that go emails and that received them by and core for 400,000 years back, and that into the oceans. And every 10 days they large are in the inner circle of the cli- from 400,000 years back to today, tem- pop up, and they give satellites infor- mate change community; and in all perature increases and decreases and mation of what is on those instruments probability, they are in Copenhagen CO2 increases and decrease were in con- about the temperatures. And there has right now. sonance. They moved with each other. been no warming in the oceans. Mr. SHIMKUS. You bet they are. The And I asked him, Who was burning Mr. BARTON of Texas. I know it’s International Panel on Climate fossil fuels 400,000 years ago? He took dangerous for Congressmen to actually

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.135 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13617 think. We are not accused of doing that Mr. LINDER. But it would have been Jim Hansen, who had the first com- very often, but there are sometimes better than a glaciation. I always like puter model. He first testified before some Congressmen, you and I, I think, to ask people who tell me the tempera- Congress in 1989, I believe, in the Sen- are two, not that others don’t, but we ture is growing too much to say what ate. He recently attested, recently actually think. should the current temperature be. spoke in England. He said, We have 4 Now I want to build on what you just Tell me. Should it be the temperature years to save the planet. He doesn’t re- said. These ice core samples that you 1,000 years ago when Greenland was lease his source documents because he got the data that show temperature settled for agriculture? Or when the says they are proprietary. Well, he is goes up, and then CO2 goes up. And if people in Scotland were growing wine an employee of the Federal Govern- temperature were to go down, then CO2 grapes? Or should it be 879 A.D. when ment. The Federal Government ought would go down. the Thames froze over? Or should it be to own those documents. They ought to Mr. LINDER. That’s correct. a little ice age when Greenland was be released. When somebody is hiding Mr. BARTON of Texas. We are in a empty of life again? something, when somebody is hiding situation right now where it appears, it Mr. BARTON of Texas. All I know is things, you begin to wonder why he is depends on the data that you believe; when people retire, they move to Flor- hiding it. but if the data points that we think are ida and Texas. Mr. BARTON of Texas. It would be correct are correct, we are in a cooling Mr. LINDER. They don’t move to similar if we held an election and if we period. Temperature has gone down at Greenland. just said, Assume that I won—— least 8 years in a row and probably 12 Mr. BARTON of Texas. They don’t Mr. LINDER. That’s right. years in a row, and we appear to be in move to Iceland or Greenland. Mr. BARTON of Texas. But we didn’t a cooling period. But at the same time, Mr. LINDER. CO2 is a beneficial release the documents, and we didn’t we have to admit that CO2 concentra- trace, helpful gas that feeds plants. release the ballots, and we didn’t let tions are going up. And this whole notion that we should them be audited, and we didn’t have a Mr. LINDER. That’s correct. Mr. BARTON of Texas. So I would control it somehow is nothing but van- canvassing committee. Mr. LINDER. That’s correct. hypothesize that the CO concentra- ity. We are not going to change what is 2 1 Mr. BARTON of Texas. We just said, tions going up are going to prevent as put on this planet for 4 ⁄2 billion years. We’ll assume that, since Congressman much cooling, and it will keep the Now we are told, and we heard from the LINDER says he won, he did win. planet warmer than it would be other- gentleman from Massachusetts, that Mr. LINDER. What we are learning wise, but still cooler overall, which there is a scientific consensus. He said from East Anglia—and I want to make would be a good thing for mankind. We 98 percent of the scientists, tens of a point that the gentleman—— don’t want another ice age, do we? thousands, agree with his position. Mr. LINDER. No, we do not. In the Well, I would like to ask him to Mr. BARTON of Texas. Then we want last 2 million years, we have had 20 ice produce that list. Because only 600 of to go to Mr. SCALISE. ages, 20 glaciations, the last on average them shared the Nobel Prize with Al Mr. LINDER. I want to make a point about 100,000 years, interrupted by Gore. A scientist from Australia has that those are not stolen documents. about 10,000 years of warming. It has said only 35 people actually wrote the Those documents were released from been 11,400 years since the last glacia- IPCC reports, and they were controlled inside by a whistleblower. tion. It is likely the planet is looking by 10 people. Mr. BARTON of Texas. Well, they toward going cooler again. We have had Mr. BARTON of Texas. One of whom should be in the public domain anyway. less sun activity in the last 11 years just resigned from his position in East Mr. LINDER. Of course. than we’ve had in many, many years. Anglia. But somebody working inside that Mr. BARTON of Texas. I’m told this, Mr. LINDER. He did? What is not organization realized they were de- you probably know, that there are popularly known is that 32,000 sci- stroying documents that were being more glaciers in the world that are entists, including Edward Teller, 9,000 asked for in the Freedom of Informa- growing than there are that are in de- of whom are Ph.D.s and the rest mas- tion Act, and someone released those cline. ters, have signed a statement that says documents. I believe that we ought to Mr. LINDER. Than are receding, there is no evidence that humans are be thinking about releasing every- that’s right. But 388 parts per million causing any impact on the global thing. Let scientists pour over it and is not even high. It’s at the low end of warming that occurred between 1975 establish whether the theory is actu- the comfort scale. Roughly 65 to 135 and 1998, none whatsoever. In fact, five ally a fact and move on. million years when the dinosaurs scientists who contributed to the first Mr. BARTON of Texas. I agree. We want to now turn to the Congress- roamed this Earth, CO2 levels were five IPCC report said in their papers there and 10 times as high they are today and is no evidence that humans are con- man from New Orleans, Louisiana, a produced a tremendous amount of tributing. Those five statements were member of the Energy and Commerce greenery that fed those animals. removed by the top bureaucrat at the Committee, Congressman SCALISE. 542 million years ago was the Cam- IPCC and replaced with one statement Mr. SCALISE. I want to thank the brian period. It came to be known as that said there is no doubt that hu- gentleman from Texas for yielding and the Cambrian explosion because in a mans are causing this. He was asked the gentleman from Georgia for open- very short period of time, 5 to 10 mil- about that under oath in a legal action. ing up this discussion. lion years, which in a 41⁄2 billion-year- Why did he remove those statements? Of course, what we are talking about old planet is the blink of an eye, in He said under immense pressure from and the reason this is so important is that short period of time, all of multi- the top of the Federal Government of that many of the different world lead- cellular complex life that has ever ex- the United States. ers are getting ready to meet in Copen- isted on this Earth was deposited in hagen, Denmark, to start discussing a b 1930 the fossil evidence. Kyoto II-type treaty—a treaty for How did that happen? That happened Now, ‘‘consensus’’ doesn’t mean many countries, including the United because temperatures were warmer. much in science. ‘‘Consensus’’ is impor- States, to literally change the way our The CO2 levels were 7,000 parts per mil- tant in politics. In science, we have to entire manufacturing base operates. lion, 20 times what it is today. The en- be seeking truth and fact. Indeed, in Of course, here in Congress, we’ve tire planet was covered with greenery science, only two conditions are ever been debating the proposal by Speaker and had immense amounts of oxygen obtained. One is theory and the other PELOSI and others to codify that type and all of complex life as we know it, 96 is fact. You put forth your theory. You of treaty in the form of the cap-and- percent of which is no longer existent. release your underlying documents and trade national energy tax. They are Mr. BARTON of Texas. But it would sources and methods, and you let your trying to bring a national energy tax have been a little warmer than it is peers review it and try and replicate it. to our country to tax businesses, to tax today. We might not have been com- That is the point at which I got very not only businesses but also individ- fortable wearing a woolen sweater back nervous about this science because I uals in their household electricity use then. tried to get underlying documents from for using fossil fuels. It’s all in the

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.137 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13618 CONGRESSIONAL RECORD — HOUSE December 8, 2009 name of stopping manmade global Mr. BARTON of Texas. What you are tail on this here, but that information warming. saying is they went to some lengths to will continue to come out. In some of So what brings us to this debate that manipulate the data that that report is the emails, they actually go on to de- you are focusing on is the fact that we based on. scribe how they are going to try to have found out recently through Mr. SCALISE. They went to lengths blacklist other scientists who try to Climategate that the science that they to manipulate the data, and then they propose data which shows something are using is corrupt. In fact, behind went to lengths to actually delete, to different than theirs—in fact, even say- much of the data that has been used to try to destroy the evidence, in es- ing that they are going to withhold try to sell a cap-and-trade energy tax, sence—some of that data—as you know some of their journal writings so that that has been used to try to sell the as the ranking member of Energy and they won’t even publish some of this Kyoto Treaty and now this new meet- Commerce and when we were having information. ing in Copenhagen to have a Kyoto II- that debate here in committee and on I go on to say this because they are type agreement, all of it was based on the House floor on the cap-and-trade trying to use this corrupt data, this corrupted data. energy tax. corrupt scientific data, to pass not If you go back to former Vice Presi- Many of the people who have been only a cap-and-trade energy tax which dent Al Gore, who said, The debate is promoting that national energy tax— will run millions of jobs out of this over, he was trying to imply that all of Speaker PELOSI and her liberal attend- country, but they are also trying to use the scientists are in agreement. Of ants and others—are using that IPCC it now in conjunction with the EPA course, as my colleague from Georgia data to say, Look, we need to act and their latest ruling to try to lit- pointed out, the scientists are not in quickly because the data shows. Of erally threaten Congress by saying, agreement. course, now we know that the data was Well, okay. If you don’t pass cap-and- What is even worse is now we have corrupted. trade here in Congress, then the EPA found out and have uncovered this Then he goes on—and we are all fa- will in a de facto way try to pass its scandal where some of the scientists miliar in this country with the freedom own cap-and-trade by using these rad- who have been collecting data through of information. This administration ical environmentalists in the EPA, the U.N.’s Intergovernmental Panel on came in saying they were going to be again using the corrupt scientific data, Climate Change, the IPCC, which is the the most transparent administration to try to pass it even if Congress won’t respected body worldwide on all of this ever. Yet you look at these emails fur- pass it because the American people data—it turns out, as the clearing- ther, and he says—this is an email— have realized this will run millions of house, they were actually corrupting The freedom of information line we are jobs out of our country. the data that is being used. all using is this. So he is telling this to Many groups, one being the National In some of the examples through some of the other scientists who were Association of Manufacturers, on the these emails, Phil Jones, who just re- involved in this corruption. He says, low end, says, We would lose 3 million signed, said, I’ve just completed Mike’s The IPCC is exempt from any country’s jobs in our country if the cap-and-trade nature trick—he goes on—to hide the Freedom of Information Act. The energy tax were passed, and every decline in temperatures. sceptics have been told this. Even American family would pay over $1,000 We go back to the infamous hockey though we possibly hold relevant info, more per year in higher electricity stick graph that Al Gore used in his the IPCC is not part—and then he goes rates. All of this is based upon false film, ‘‘An Inconvenient Truth.’’ I guess on to say—therefore, we don’t have an scientific data that has been corrupted, the most inconvenient truth for the obligation to pass it on. and we know it from the Climategate former Vice President is that these So he is trying to lay out this emails. emails have now come out and have ex- groundwork so that he doesn’t even Mr. BARTON of Texas. May I ask the posed the scandal. have to turn over his data. This is, I Chair how much time we have remain- If the gentleman from Texas will think, before he destroyed it. ing in our Special Order? allow me, I want to read a few other of Then he says, If the Royal Meteoro- The SPEAKER pro tempore. There the emails. I know my colleague from logical Society is going to require au- are 12 minutes remaining. Illinois earlier highlighted some of the thors to make all data available—raw Mr. BARTON of Texas. There are 12 other emails. data plus results from all intermediate minutes. Okay. Yet, just to show how deep this is, calculations—he says, I will not submit At about 10 minutes to go, I have got first, Phil Jones in an email last year any further papers to the RMS Jour- some documents I want to put in the said, Mike, can you delete any emails nal. RECORD. you may have had with Keith regard- This is Phil Jones—again, leading Mr. SCALISE. I yield back. ing the AR4 data set? Keith will do scientist—whose data is used by many Mr. LINDER. I want to make one likewise. He says, Can you also email of these people all throughout the point. Gene and get him to do the same? I world to try to pass Kyoto-type agree- The data that you are talking about don’t have his email address. We will ments in the cap-and-trade energy tax and that we are acting on in this coun- be getting Caspar to do likewise. that’s getting ready to be debated over try with cap-and-trade is also the data So here he is talking about deleting in the Senate. being used in Copenhagen today, as we data, deleting the emails which show Mr. LINDER. Will the gentleman speak, to begin what Al Gore called the that some of this manipulation and yield? ultimate reason for all of this: global corruption of the data was going on. Mr. SCALISE. Yes, I will yield to the governance, turning over the sov- This is the person who is the director gentleman. ereignty of the United States to an of the University of East Anglia’s Cli- Mr. LINDER. Sadly, that data that unelected bureaucracy and the United matic Research Unit. He is a scientist the IPCC uses from East Anglia is also Nations. who should not only understand the the basis of the data that NASA uses in Mr. BARTON of Texas. I want to importance of following the facts, of Huntsville, Alabama, and all of the thank Congressman SCALISE, Congress- following the data, but who should also other future models that have been man LINDER, and Congressman understand that, as others try to verify built have been somehow shaped by SHIMKUS for participating in this Spe- this data, that is something that he that data. So there is no place to go cial Order. should be openly and freely willing to now, since all of the source documents What we are attempting to do is to share. have been thrown away, to reconstruct actually use the scientific method to Mr. BARTON of Texas. The AR4 data all of that. determine what steps, if any, the set is the data set that was used in the Mr. SCALISE. It is really frustrating United States Government should take IPCC report in 2007, so it’s a seminal because there are scientists who have policy-wise if, in fact, climate change document that has been used for pol- different opinions, who have tried to or global warming is a major problem icymaking decisions, not just in the present alternative data to this corrupt that needs to be addressed. It does ap- United States but all over the world. scientific data, and they have been pear, in my opinion, that there is rea- Mr. SCALISE. Exactly. blacklisted. In fact, I won’t go into de- sonable doubt about whether we should

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.138 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13619 take some of the radical steps that entist at the National Center for At- think I will delete these rather than have been espoused in the climate mospheric Research in Boulder, Colo- send them to anyone. change bills which have passed the rado. Now, Congressman MARKEY, who is a good friend of mine and who is a be- House and which are pending in the b 1945 Senate. liever, a proponent of manmade global I want to take the remaining time The gist of this is he has already de- warming, has got data sets that he says and go through a series of emails that leted a lot of emails from 2 months justify some of the policies that he sup- have just become public—we’ve alluded ago. What are they trying to hide here? ports. But here we see that some of to them—and go into a little more Now, let’s go to email number 3. these documents and some of these depth. Email number 3 shows an unprece- data sets that Mr. MARKEY and others The first email which we have al- dented data purge at the CRU in East have—who sincerely believe that there ready alluded to is from Michael Mann. Anglia, Great Britain. Here is a public is a problem—appear to be very sus- Michael Mann is a climatologist at index of documents on one day and pect. In fact, they are so suspect that if Penn State University. He is one of the then here is the public index on the they have to release them publicly, leading scientists in the IPCC. He is next, very quickly, after they have they would rather delete them than to the author of the original hockey stick gone through and purged all, purged all comply with the Freedom of Informa- theory that is kind of the genesis, the of this. It says the next day, on July 28, tion Act. seminal document, for the theory that Phil Jones deleted data from his public Tom Wigley had sent me a worried files, leaving online a variety of files email when he heard about it. He manmade CO2 is the cause of the cli- mate warming in the world. This is a from the 1990s. This morning, every- thought that people might ask him for document from him to Phil Jones, who thing in Dr. Phil’s directory had been his model code. My heavens, you know. was, until recently, the head of the Cli- removed. Keep in mind that this theory that mate Research Unit at East Anglia It’s not just the emails that have mankind-made CO2 emissions is driving University in Great Britain. been deleted, in a widely reported the temperature upwards, it’s just Now, Dr. Jones resigned in the last event. Steve McIntyre, who is a Cana- that; it’s a theory. These researchers week or so, but in it, he says, Can you dian researcher who testified before have built these models to try to rep- delete any emails that you’ve have had Congress several years ago when I was licate the planet’s temperature mecha- with Keith—Keith is Keith Briffa—re- chairman, and who has been attempt- nism, and all these models show the temperature going up. garding AR4? ing to get these data sets, to get these But that’s the conclusion that the AR4 is a U.N. IPCC fourth assessment documents, he has been trying to get, modelers want. It is not factually cor- document from 2007. It’s one of these through the Freedom of Information rect to say the temperature is going policy documents that is used around Act, the public documents that some of up; it’s factually correct to say the the world. these studies are purported to be based modelers, who want to prove that the You can see that he says, I am going upon. Instead of releasing them, they temperature is going up, are putting to contact Gene about this. purged them. They took them away in variables and assumptions in these Okay. Gene is actually Eugene Wahl. what is reported to be an unprece- models that drive them up, but they He is at the National Oceanic and At- dented data purge. apparently don’t have the data to back mospheric Administration’s office in They have deleted files pertaining to station data from the public direc- that up. Boulder, Colorado. That’s with the U.S. Let’s go to number 6. This is again tories. Why? Where are the data now if Department of Commerce. from Mr. Jones, a gentleman named they are still in existence? What is it He said, I am going to contact Gene Gavin Schmidt, concerning the revised they are trying to hide? If the tempera- about this. Can you delete any emails version of something called the ture data records really proved their that you have? I’ll get Caspar to do Wengen paper, W-e-n-g-e-n. It says all theory, they would want to publicize likewise. of our Freedom of Information officers them. At least I would think that they Caspar is Caspar Jones—I mean have been in discussions and are now Caspar Ammann. He is at the National would. using the same exceptions not to re- Let’s go to number 4. This is an Center for Atmospheric Research, or spond—the advice that they got from NCAR, in Boulder, Colorado. It’s a fed- email from Phil Jones, who we know the information commissioner. The erally supported consortium. well now, to a gentleman named Nev- Freedom of Information line that we So, in this email, we have collabora- ille Nicholls. Mr. Nicholls, let’s see, are using is that the IPCC—now keep tion between NOAA, NCAR—both in Mr. Nicholls, I am not sure who Mr. in mind the IPCC is the Intergovern- the United States—the Climate Re- Nicholls is, but here it says, I hope I mental Panel on Climate Change—is search Unit, which is CRU in East don’t get a call from Congress. I am funded primarily by the U.S. taxpayer, Anglia, Great Britain, and many hoping that no one there realizes I not exclusively, but primarily, is ex- prominent IPCC contributors coordi- have a U.S. Department of Energy empt from any country’s Freedom of nating document destruction. I think grant and have had this with Tom W. Information, because the skeptics have that is something that policymakers for the past 25 years. been told this. Even though we possibly here in the United States should be This is back in 2005. This is when I hold relevant information that the concerned about. was chairman of the Energy and Com- IPCC is not part of our remit, i.e., mis- Now let’s go to the next document, merce Committee, and we were con- sion statement, therefore we don’t email No. 2. Now, the first one was ducting the investigation into Dr. have an obligation to pass it on. from Michael Mann to Phil Jones. This Mann’s hockey stick proposal, hockey To me that’s just irresponsible to say is from Phil Jones to a gentleman stick theory, and we had asked for that the IPCC, which is a total govern- named Tom Wigley. Its subject is: some documents from Professor Mann, mental agency, admittedly through the Schles suggestion. This is last year, or Dr. Mann, and this gentleman is U.N. and a large number of nations, but December of 2008. It says, I am sup- saying we hope the Congress doesn’t re- the U.S. as the primary funder, is posed to go through my emails, and he alize that we are getting Federal above Federal Freedom of Information can get anything I’ve written about money; we don’t want them to be ask- laws, not only in the United States but him. About 2 months ago, I deleted ing us about documents. in every other country. This informa- loads of emails, so we have very little, Of course, as we now know, they have tion that has been collected and paid if anything, at all. destroyed many of those documents or for by U.S. taxpayers and funded by So what this is showing is, or one apparently have destroyed many of U.S. scientists is now out of reach of could say, they have conspired to de- those documents. the U.S. taxpayer? I think that’s just lete data. This is of Ben Santer, who is Let’s go to number 5. Now, this docu- flat wrong, Madam Speaker. Santer 1, who is a prominent climate ments shows the lengths to which they My last email is number 7, and this modeler at the Department of Energy’s will go to suppress information, says if shows, while they accuse people like Lawrence Livermore National Labora- they ever hear that there is a Freedom myself of trying to be bullies and to os- tory, and of Tom Wigley, who is a sci- of Information Act now in the UK, I tracize people, here is an email where

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.139 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13620 CONGRESSIONAL RECORD — HOUSE December 8, 2009 again this Professor Mann, Michael, that global warming is something and there was no enforcement or pen- it’s to Michael Mann from a gentleman other than what has been presented. He alties written into that treaty. It stat- named Malcolm Hughes, just a heads said it’s a theory. I would suggest that ed objectives, and that was step num- up; apparently the contrarians now as we go on with my speech, you will ber one. have an in with GRL. learn that it is a fraud. Step two came in 1997 when the GRL, which is the Geophysical Re- Madam Speaker, not too long ago I Kyoto Protocol established enforceable search Letters, a prominent climate stood here on the floor of the House mandates, mandates stating those ob- journal—this guy Sayers has a prior and remarked that I have expected Rod jectives that were started in the earlier connection with the University of Vir- Sterling to appear from behind a cur- network agreement that was sent on to ginia Department of Environmental tain and announce, ‘‘This is the twi- the Senate by President Bush. The 1997 Sciences that causes me some unease. light zone.’’ protocol was different than the earlier Then later on—this is truly awful. If Well, since then this body has contin- one because it had enforceable man- you think that Sayers is in the green- ued on an agenda fit only for the most dates to meet the objectives that were house skeptics camp, then if we can bizarre episode of that program. In the stated earlier. This clearly would have find documentary evidence of this, we last month, Congress has passed bail- meant a fundamental altering of our could go through official ATU channels outs, rescues and stimulus packages, economy, with a dramatic negative im- to get him ousted. They are trying to dumping trillions of dollars of debt pact on the lives of our people. With ostracize those that are honest enough onto the backs of the American people the Republicans in control of the Sen- to say that they have some doubts and, yes, onto our children’s backs, and ate at that time, President Clinton about the theory. their children’s backs. never submitted the Kyoto treaty for I will end with this: The theory of Congress passed a massively expen- ratification. global warming caused by mankind is sive and economically destructive cap- Then in 2001 President George W. just that, it is a theory; it is not a fact. and-trade bill, moved toward a govern- Bush said that we would not sign the As U.S. taxpayers and as the guardians ment takeover of our health care sys- Kyoto treaty due to the enormous cost of the U.S. taxpayers, we should de- tem, and now Congress appears ready and economic dislocation associated mand that the facts be made public so to support President Obama’s request with complying with the Kyoto man- that we can make a relevant policy de- to dig ourselves even deeper into the dates, and that was the end of what cision. mire of Afghanistan. Optimism over would have been step number two. f the election of a new President prom- Here we are at step number three, ising change has turned into despair as and while a Kyoto-like agreement is REPORT ON RESOLUTION PRO- the American people are realizing what not likely, Copenhagen may well lay VIDING FOR CONSIDERATION OF kind of changes being imposed on our the foundations for the future that the H.R. 4213, TAX EXTENDERS ACT country. It’s going from bad to worse. globalists who are pushing this agenda OF 2009 This week marks the beginning of envision for us, what they envision for Mr. PERLMUTTER, from the Com- the United Nations framework conven- the United States, U.S., us. The threat mittee on Rules (during the Special tion on climate change in Copenhagen. to us is there, and it is real. Order of Mr. BARTON of Texas), sub- It started yesterday, December 7, Pearl A few months ago, H.R. 2454, the so- mitted a privileged report (Rept. No. Harbor Day. How very appropriate. called cap-and-trade bill, passed the 111–364) on the resolution (H. Res. 955) President Obama and Democrat leaders House and is now awaiting action in providing for consideration of the bill of Congress are planning to attend. the Senate. That far-reaching legisla- (H.R. 4213) to amend the Internal Rev- This conference could well bind the tion seeks to put in place taxes and enue Code of 1986 to extend certain ex- American people to a series of inter- regulatory policies that exactly par- piring provisions, and for other pur- national agreements that will be a allel what the Copenhagen crowd would poses, which was referred to the House boon to globalist bureaucracy, and, mandate and can be traced back to Calendar and ordered to be printed. yes, their power-elite allies, while at that same alliance between our domes- f the same time picking the pockets of tic, radical environmentalists and a the American taxpayer and shackling globalist elite. REPORT ON RESOLUTION PRO- us to restrictions, mandates, and con- This unholy alliance has already had VIDING FOR CONSIDERATION OF trols inconsistent with our free society an impact. It is no accident that for H.R. 4173, WALL STREET REFORM and enforced by governing bodies we over the past 20 years America has AND CONSUMER PROTECTION have never voted for. built no hydroelectric dams, no nuclear ACT OF 2009 According to the conference’s Web power plants, no oil refineries and has Mr. PERLMUTTER, from the Com- site, the conference in Copenhagen is a brought into production a pitifully mittee on Rules (during the Special turning point in the fight to prevent small amount of new domestic oil and Order of Mr. BARTON of Texas), sub- what they claim will be a climate dis- gas. mitted a privileged report (Rept. No. aster, and I quote. ‘‘The science de- 111–365) on the resolution (H. Res. 956) mands it, the economics support it, fu- b 2000 providing for consideration of the bill ture generations require it,’’ proclaims In essence, our economy has been and (H.R. 4173) to provide for financial reg- the Web site. is now being starved of traditional en- ulatory reform, to protect consumers Well, Madam Speaker, I am here to ergy development. Even the much ac- and investors, to enhance Federal un- explain why that aggrandizing postu- claimed solar energy alternative has derstanding of insurance issues, to reg- lation is complete and utter nonsense, been strangled in its cradle. The Fed- ulate the over-the-counter derivatives and to warn of the danger that lurks eral Bureau of Land Management, markets, and for other purposes, which behind this high-sounding rhetoric. which is unduly influenced by radical was referred to the House Calendar and The Copenhagen conference is the cul- environmentalists, has prevented the ordered to be printed. mination of efforts that began in ear- building of solar-powered electric gen- f nest back in 1992. That was the year erating facilities in America’s vast our ‘‘New World Order’’ President, deserts. This supposedly to protect the MASSIVELY EXPENSIVE AND ECO- George H. W. Bush, submitted the U.N. habitat of lizards and insects, which NOMICALLY DESTRUCTIVE CAP- Framework Convention on Climate are obviously more important to these AND-TRADE Change to the Senate. It was quickly elitist decision-makers than the qual- The SPEAKER pro tempore. Under adopted by a voice vote. ity of life of human beings. Our quality the Speaker’s announced policy of Jan- For the most part, that 1992 frame- of life, us. uary 6, 2009, the gentleman from Cali- work treaty was filled with grandiose Again, the forces behind the under- fornia (Mr. ROHRABACHER) is recognized yet vague principles. It asked for long- mining of America’s domestic energy for 60 minutes. term CO2 reductions from the 192 na- development know exactly what Mr. ROHRABACHER. Let me agree tions which signed that contract, yet they’re doing. Treaty obligations or with the distinguished ranking member few of the obligations were spelled out, not, they want to change our way of

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.141 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13621 life to remake America whether we the Department of Energy? This be- What do these formerly private and like it or not. This isn’t about green cause Happer was open minded on the now exposed communications say? One power; it’s about raw political power issue of global warming. Not that he email is from Kevin Trenberth, head of exercised over our lives. opposed it, but that he was open mind- the Climate Analysis Section at the A few decades ago, the globalist rad- ed about it. The double standard in the National Center for Atmospheric Re- ical environmental alliance latched reporting of this issue has been appall- search in Boulder, Colorado. In it he onto an apocalyptic theory to justify ing. describes his utter frustration with their power grab. The theory is that Zealots can usually find high-sound- studies that reach conclusions con- the world is dramatically heating up ing excuses for their transgressions. trary to his clique’s predictions of a because of how we human beings live, This abusive attack on Happer and so looming global warming disaster. Even especially us Americans. So control- many others, so many other prominent more frustrating, the temperatures ling us must be the answer to saving scientists, of course, was perpetrated in being recorded, contrary to his august the planet from heating up and up and the name of protecting all of us from a observations and predictions, contrary up. climate calamity: man-made global to them, things were getting colder, When they geared up their crusade, warming that we were repeatedly much colder than usual. our planet was in one of its many warned was going to fry the planet. And here, folks, is the clincher: warming cycles. But the illusion that We can still hear alarming claims of Trenberth laments in this email, in they were trying to create began to a disastrous upward jump in tempera- this formerly secret communication, disintegrate about 9 years ago when tures, rising sea levels, Arctic ‘‘The fact is we can’t account for the the Earth quit warming and now may meltings, forest fires, hurricanes, acid lack of warming at the moment, and it be in a cooling cycle. Undaunted, the seas, dying plants and animals. Every is a travesty that we can’t.’’ Rather fanatic claims and their predictions of climate-related disaster that a Federal than reconsidering his position, he is global warming have now been trans- research grant can conjure up we’re complaining. He can’t find a cover formed into a new, all-encompassing hearing about because that’s how they thick enough to hide his errors. warning. So ‘‘global warming’’ was the get their government grants. That’s So what do you do if those gosh darn phrase that was yelled and screamed at how they qualify. numbers show that there is no warm- us for almost a decade, but now that Professional figures in white coats ing? Well, you fudge the numbers of has miraculously been changed into with authoritative tones of voice and course. There is a 1999 email from Phil ‘‘climate change.’’ lots of credentials repeatedly dismissed Jones, the center’s director, talking Do they think that the American specific criticism of what they were about a ‘‘trick’’ in the presentation of people are stupid? Do they think that proposing by claiming that their so- data intended ‘‘to hide the decline.’’ we’ll just forget about their predictions called scientific findings had been peer What does ‘‘decline’’ mean when he of rapid rises in temperatures and that reviewed, verified by other scientists. says ‘‘hide the decline’’? A decline in those predictions have been proven 100 Rather than honestly discussing the global temperatures, of course. These percent wrong? issues that were being raised, they por- people who are touting global warming Even the much-touted melting of the trayed themselves as beyond reproach. are talking about hiding the decline in Arctic ice cap has reversed itself in the They’ve been peer reviewed. So why temperatures that would prove that last 2 years and is now refreezing and even discuss any specific criticism? there is no global warming going on at enlarging. The warming has ended, but Just dismiss it. this time. the power grab continues. What we now They gave each other prizes as they To those who have followed this issue are finding out is exactly how ruthless selectively handed out research grants. closely, this is nothing new. We have and, yes, how deceitful this power grab Those who disagreed no matter how seen it before. There was a famous has been. It is becoming ever more ap- prominent were treated like non- graph produced by Michael Mann, one parent that during the 1990s, many sci- entities, like they didn’t exist, or they of the most prominent global warming entists who refused to go along with were personally disparaged, labeled advocates. His famous graph, as well as the global warming paradigm were de- deniers, you know, like Holocaust his highly touted lectures, deleted the nied research grants. Prominent sci- deniers. How much uglier can you get? existence of a warming period in the entists like Dr. William Gray, former But such tactics won’t work forever. Middle Ages and the 500-year decline in president of the American Meteorolog- It’s clear their steamroller operation is the Earth’s temperature, which ended ical Association, found themselves re- beginning to fall apart. We know that, in about 1850, known as the Little Ice peatedly rejected for research grants because we hear scientists who have Age. Those very real temperature cy- despite their careers of distinguished been clamoring for subservient accept- cles were left out of his graphs. And research excellence and accomplish- ance of their theory of man-made glob- many of the newly revealed emails de- ments. al warming, we now can find out and tail that this was intentional decep- The liberal press ignored those trans- we now understand that those very tion. gressions, ignored that repression of same scientists, they themselves were Mann’s graph indicated centuries- opposing views. Yet the same press making a sham out of scientific meth- long stability instead of two distinct made it a huge controversy when dur- odology and were indeed repressing dis- climate cycles going up and down. And ing the Bush administration NASA sent and destroying peer review. then after presenting a graph that just asked Richard Hansen, who was I’m speaking, of course, about the had centuries-long stability, then we NASA’s most vocal global warming ac- over 1,000 emails and 3,000 other docu- were shown a jump in temperature that tivist staffer, simply to note when ments that were purloined from one of looked like a hockey stick, the end of being published that the opinions that the foremost global warming research a hockey stick. Stability and then a he was publishing were his opinions institutes in the world, the Climate Re- big jump forward. That graph was a and not necessarily endorsed by NASA. search Institute at East Anglia Univer- fake, and the jump in temperature he Well, the press made that into a hor- sity in the United Kingdom. Let me ac- predicted didn’t happen. rible attack on his rights. knowledge, yes, a hacker or possibly a So now the climate elite has simply This was censorship. There were whistleblower may have been respon- deleted the hockey stick graph from hearings in Congress about that, sim- sible for making this information pub- their presentation even though it was a ply asking this man to acknowledge lic, but contrary to the frantic attempt distinct part of their presentation for that it was his opinions and not the of- to distract attention away from the years, just as Mann had deleted the ficial opinions of NASA. Well, how does clear wrongdoing and arrogance that preceding warming and cooling cycles that compare with the coverage and was exposed in these communications, when he analyzed modern temperature the outrage over outright repression contrary to that, how those documents trends and put them into his graph. and denial of research grants to promi- were obtained is not what’s relevant. As more honest and level-headed sci- nent scientists? How does that compare It’s the truth of these emails that entists from around the world raised with Vice President Gore’s firing of Dr. counts, not how the information was serious questions, well-funded global William Happer as the lead scientist at obtained. warming alarmists were hard pressed

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.144 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13622 CONGRESSIONAL RECORD — HOUSE December 8, 2009 to answer critics. So what is a true be- Madam Speaker, this is not only ar- about 1850. It’s called the Little Ice liever to do when you hear criticism? rogant, it’s criminal. We have been and Age. Amazingly, with a straight face, Well, shut up the opposition of course. continue to be the victims of outright the global warming alarmists are using No, don’t consider what the opposition lies, and victims of an effort to focus the low point in a 500-year cooling is saying. Don’t try to have an honest our people on some kind of created and cycle as the baseline for determining if dialogue. No, shut them up. mythical scientific findings in order to humankind is making the planet hot- Here’s Phil Jones again, this time scare and force our people into accept- ter at this time. Get that. We should about censoring criticism: ‘‘I can’t see ing draconian economic and regulatory declare an emergency because, accord- either of these papers being in the next policies. ing to the alarmists, the Earth is a IPCC report.’’ Senator JAMES INHOFE of Oklahoma tiny bit, perhaps 1 degree warmer than Let’s stop right there. So here he is has called for an investigation in the it was at the bottom of a 500-year de- trying to leave out of the IPCC report Senate. There should be one in the cline in temperature. Professor Mann papers that were contrary in view; yet House as well. Certain scientists re- can’t wipe that out. He may try to de- they tout over and over again that the ceiving Federal research grants are be- lete it from his graphs and pretend it IPCC is the basis for their credibility. traying the standards of their own pro- didn’t happen, but this has been well It’s all the time talking about the fession. And, yes, as I say, perhaps documented. I remember there was a IPCC report. Yet here we have a quote breaking the law. Countless numbers of History Channel report going through talking about how they’re trying to our own people will suffer job losses the entire time of this mini Ice Age. censor what goes into that report. and a decline in their standard of living Our current climate cycle is no dif- Quoting further: ‘‘Kevin and I will if policies based on phony science, bad ferent than the other numerous cycles keep them out,’’ meaning this informa- practices, the suppression of dissent that preceded it. It is dishonest to cre- tion out of the IPCC report, ‘‘even if we and outright lies are put in place and ate hysteria by using the end of a cycle have to redefine what the peer-review enforced. Before any action is taken by known as the Little Ice Age at a 500- literature is.’’ And these are the same this Congress on cap and trade legisla- year low in the Earth’s temperatures people who were proclaiming that their tion, a full inquiry into this horrific as a baseline for apocalyptic claims credibility came from the IPCC and abuse of science should be conducted. that it is now getting extraordinarily peer-reviewed research. Wake up, America. They are trying warmer. On top of that, as people, the Well, let’s look at what happened to steal our freedom with lies and scare alarmists are claiming that it’s our next when an editor of an academic tactics. The Good Book says, ‘‘The fault. It’s the people’s fault. It’s us. journal does not buckle under to this truth shall set you free.’’ A caveat We’re the bad guys. We’re the ones making the climate go up so much kind of pressure and actually publishes might be, ‘‘And a lie can destroy your warmer than it normally is and they’re the work of a skeptical scientist. freedom.’’ Perhaps the most perplexing using as a baseline a 500-year low in Here’s what Jones says: ‘‘I will be of all, the global warming elite con- the Earth’s temperatures. emailing the journal to tell them I’m tinues to herald their projections of having nothing more to do with it until So science question challenge No. 1: man-made gloom and doom. They try Are man-made global warming advo- they rid themselves of this trouble- to ignore the uproar that we’ve had some editor.’’ This guy is conspiring to cates using an unrealistically and un- with these emails. They ignore it, or reasonably cooler moment as the base- get the editor of a research publication they just change the subject. But this fired. And what was it for? For pub- line for their analysis? Question No. 2: recent revelation of these emails seri- What are the causes of the climate cy- lishing a contrary review. ously calls into question the basic Is this science? These emails are cles that we’ve been talking about? science that these man-made global The alarmists claim it’s us. It’s people. filled not with answering critics but warming fanatics claim to be irref- with the effort to stifle the right to There were such cycles, of course, in utable. Well, let’s look at this so-called the Earth’s temperatures and climate question what these people were advo- ‘‘irrefutable science’’ that is the basis cating. even before prehistoric man existed. If of the man-made global warming advo- there were such cycles, then there Significantly, man-made global cates. warming alarmists have continually must be some explanation other than I in fact—and I would make this very human activity, because this was be- countered criticism by arrogantly dis- clear at this moment—would challenge missing tangible questions and assert- fore humans existed, there must be any Member of Congress to come here some other explanation for the weather ing that peer reviews backed them up. and debate me in the future on the Well, now we can see the evidence that and temperature trends of those days. science of this issue. Let me make that Well, then what is the other expla- these self-righteous snobs who saw clear. This Congressman, I am a senior nation? Many scientists believe cycles themselves as above criticism were ma- member of the Science Committee, I of climate have resulted from solar ac- nipulating, if not destroying, the peer challenge any of the advocates of man- tivity. After all, the sun is the biggest review process so no one with other made global warming to come here and source of energy on our planet. The points of view could actually partici- debate me on the science of the issue. biggest. Everything else pales in com- pate. Get that? We shouldn’t be dismissing our opposi- parison. Some of the revealed emails b 2015 tion’s arguments any more than those are specifically aimed at debunking They say you can’t question our ma- scientists should have been. We are this explanation by altering graphs and terial because ours has been peer re- here to make policy and to determine distorting data. The solar explanation viewed and your criticisms haven’t, but truth. Let’s have an honest debate on is consistent with the fact that climate they themselves were undermining the this. cycles on Earth parallel cycles taking ability of those critics to have their First, let’s talk about the so-called place on other planetary bodies. That’s criticisms published in a peer-reviewed global warming cycle that’s being used right; like Mars, or the moons of Jupi- publication. Have they no shame? But as an excuse, or as a reason to look at ter which have similar and simulta- there’s more than this. human activity, the global warming neous cycles to those on our Earth. But Jones again, this time to Professor cycle that’s being caused by human ac- the global warming gang is intent on Michael Mann of Pennsylvania State tivity. That’s fundamental to this blaming us. University, the same guy with the whole issue. We know that there have In recent years, for example, human phony hockey-stick graph, is talking been weather and climate cycles activity has been declared the culprit about hiding information from critics: throughout the long history of our causing the melting of the Arctic ice ‘‘If they ever hear there is a freedom planet. That’s going back to pre- cap. Who hasn’t seen pictures of sad- of information act now in the U.K., I historic times. There has been cycle looking polar bears stranded there on think I’ll delete the file rather than after cycle. One of the more recent of an ice floe, obviously a victim of man- sending it to anyone.’’ these cycles, the one ignored by Dr. Mi- made global warming? Such nonsense Let’s read that again: chael Mann, a cooling cycle that re- plays on our emotions, but it is pre- ‘‘I think I’ll delete the file rather duced temperatures on this planet for senting a distorted and dishonest pic- than sending it to anyone.’’ 500 years. That was between 1300 and ture of reality. Yes, until recently the

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.145 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13623 Arctic ice cap has been retreating. it’s a huge part. Some people I’ve asked the same impact as what most people There is no doubt about that. But what have actually suggested it was between have led to believe, the people who be- about the ice cap on Mars? Yes, at the maybe 40 and 60 percent of the atmos- lieve that it’s 40 percent of our atmos- same time our Earth’s ice cap was re- phere. phere. treating, the ice cap on Mars was re- Well, that’s wrong. Wrong. People But this increase, of course, no mat- treating; mirroring, paralleling what have been given a false impression. ter, has been described to us in such was going on on Earth. Does that indi- CO2, carbon dioxide, is a minuscule sinister terms that we are supposed to cate that the cycle that we’re talking part of our atmosphere. And, as I say, believe that it is making the world hot- about might have been caused by the most of the people I’ve talked to, even ter, and so it’s mankind, by increasing sun and not by too many people driving the highly educated ones, have thought CO2, making the world hotter. When trying to pull this off, they don’t men- SUVs or using modern technology? So that CO2 makes up maybe 25, maybe 40, maybe it’s the sun that has affected one guy even said 60 percent of the at- tion that in recent times, CO2 levels, the habitat of the polar bears, just as mosphere. In reality, CO is less than yes, have increased, but contrary to 2 the alarmists’ theory, the Earth’s tem- other cycles have affected the habitat .04 percent of the atmosphere. So CO2 is of the plants and animals living in the not even one-half of one-tenth of 1 per- peratures have gone down. Remember, time when those cycles kicked in. cent of the atmosphere. Not even one- we are being told that the rise of CO2, By the way, there’s something to half of one-tenth of 1 percent. This is a which is a miniscule part of our thing, keep in mind when one hears for the minuscule part of the atmosphere that but the rise of the CO2 in our atmos- umpteenth time that the polar bears we have been led to believe is having phere is causing the atmosphere to warm. Again, there are clearly times are becoming extinct. The polar bears this dramatic impact on weather pat- when CO has been going up but the are not becoming extinct. In fact, the terns. 2 number of polar bears on this planet temperature has gone down. And where did the minuscule amount So science challenge number 3, if has dramatically expanded. There are of this CO2, even though it’s as small as manmade CO , which is a miniscule four to five times the number of polar 2 it is, one half of one-tenth of 1 percent part of a miniscule element of the at- bears in the world today than there of the atmosphere, where did that min- mosphere, if that causes warming, then were in the 1960s. And I have spoken uscule amount come from? With all the why is it that when mankind has been before groups of students and they hoopla, one would assume that most of emitting more and more CO , like in have been given this lie over and over 2 the atmosphere’s CO2 can be traced to the 1940s, the fifties and the sixties, again and they are crestfallen to hear human activity. No. At least 70 percent and at a time, at that same time when that maybe what they’ve been told are of the CO2 in our atmosphere has a nat- CO levels in general were rising, why lies. Yes, lies. The extinction of the 2 ural source and has nothing to do with was there an actual cooling going on in polar bear is about as real as the film human activity. our climate? This is true today, too. footage of dissipating ice caps in We have an increase in CO , but there’s former Vice President Gore’s movie An b 2030 2 been a cooling going on, or at least Inconvenient Truth. That, too, was a I have been in Science Committee there hasn’t been a warming for the scam. A special effect made of hearings where very prominent sci- entists have suggested that it might be last 10 years. Remember, no matter Styrofoam was presented to us, espe- how they’ve tried to hide it—and that 80 or 90 percent of the CO in the at- cially to our impressionable children, 2 attempt to hide it is very clear in the mosphere coming from natural sources. to create the illusion that this was doc- emails that have just been exposed. No But let’s say, okay, at least 70 percent. umenting the melting and breaking off matter how they try to hide it, global So the part of the atmosphere that is of the Arctic ice cap. It was Styrofoam. temperatures have not gone up for al- CO generated by man is even less than Styrofoam. It was phony, just as many 2 most a decade. of the arguments presented in that miniscule. It is a minor part of a min- It should be noted that scientific ice movie were phony; were false. iscule component, and if we suppress core specialists now tell us that his- So here’s another scientific chal- our standard of living enough to elimi- torically, over a course of 500 years, lenge, challenge No. 2: If there have nate even one-tenth of man’s contribu- CO2 increases followed temperature in- been many other cycles and if the ice tion, then one big volcano, or maybe creases. It would appear that when it cap is melting on Mars just as it is some forest fires could totally undo gets warmer, the Earth produces more here, how can this climate cycle be a this supposed reduction in CO2. And to CO2. The alarmists have it totally result of human activity rather than get a 10 percent reduction means a dra- backwards, and they’re using that as solar activity? Which brings us to the matic attack on the standard of living an excuse to dramatically increase theory of just what man does that sup- of our people and the reallocation of their power to control our lives. It is a posedly creates global warming. Well, trillions of dollars. We are to give up flawed theory. It is the warmer Earth this allegation is based on the well-pro- our own freedom and prosperity, and that creates the CO2 increase, not the moted theory that greenhouse gases— hand over such power as I have just other way around. But that would and according to the alarmists CO2 is mentioned to a global government or mean, of course, human beings, if they by far the worst culprit—these green- even to a centralized Federal Govern- accept that it’s the Earth and it’s the house gases and, thus, CO2, the worst ment here in the United States? All for warming of the Earth that creates one of all, are trapping heat in the at- that, for something for a step forward more CO2, that would mean that us mosphere and the increase of CO2 levels that could be erased by a big volcano human beings, that we’re off the hook, is thus leading to a disastrous jump in or perhaps a series of forest fires? and the globalists would have no ex- the Earth’s temperature. That’s insane. cuse for their power grab and no excuse So let’s look at this theory. I don’t Well, undaunted, the alarmists point to control us, to tax us, and to regulate dismiss it. Let’s look at it. Let’s an- to increases in CO2, which they label as away our livelihood. swer it. I wish the American people and alarming, of course. That’s why they’re Well, it’s not getting any warmer, the rest of us were paid an equal alarmists; they call it alarming. Start- and contrary to those trying to fright- amount of respect by those people, the ing from such a miniscule level, how- en us into giving up our freedom, CO2 is alarmists, who are advocating the ever, it’s like using a phony tempera- not a threat to the planet and is not a man-made global warming theory. So ture baseline, like they did with the pollutant. It is not harmful to human let’s look at this. Let’s look at their end of the mini ice age. But using that beings or animals. It is food for plants theory now and give it an honest look. as their baseline, with the miniscule which then give us oxygen. Throughout With all the hoopla about CO2, nonsci- level of CO2, this can distort the impor- the world, greenhouses, sometimes entists might believe that it is a huge tance of, when someone says that they’re called hothouses, are growing part of the atmosphere. I want every- there’s been a rise in the amount of vegetables by pumping CO2 to feed the one here, my colleagues and everyone CO2, because it’s, to begin with, it’s a plants. And they end up, after pumping listening, to ask themselves: What per- very, very, miniscule amount or part of CO2 into these hothouses, they end up centage do you think that CO2 is of the our atmosphere. So if there’s an in- with bigger, juicier tomatoes, berries, atmosphere? Well, most people think crease in that, it’s not going to have and other crops.

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.147 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13624 CONGRESSIONAL RECORD — HOUSE December 8, 2009

CO2 is not a threat to human health tutes. Deleted, just like they talked natural acidity. It was a phony base- or a threat to the planet. During an- about in these hacked emails. And a line, and it totally distorted the so- cient times, before human beings, there close reading of the recently exposed called problem. were much higher levels of CO2 in the emails reveal that alterations were The topper of them all, many of the air, and life on this planet flourished. made in the raw data being fed into very same gang now agonizing over Even in the oceans, which were, yes, computers. They were called adjust- manmade global warming, they were more acidic, ocean life was robust and ments of the data. In short, they the same people who were warning us abundant at that time. All of this cooked the books, and that data is no with similar intensity about the com- makes the announcement yesterday longer available. It was deleted by the ing ice age. And then, of course, we that the EPA will treat CO2 as a pollut- research institutes and can not be have to remember, there’s a big price ant all the more astounding and, yes, looked over again for accuracy. Oh, to pay for all of this, big price to pay repugnant. It is an example of the well, I guess we should just trust them. for lies. Like, for example, the report heavyhanded power grab we are up Fortunately, the ground-based sen- that bird shells were thinning, which against. sors that fed those infamous computer resulted in a global ban on DDT. Mil- By declaring CO2 a pollutant, a models are not the only source of tem- lions of children in the Third World threat to human health, they have em- perature data. Information is also have subsequently lost their lives to powered the EPA to issue orders, man- available from research and observa- malaria because of that ban. Appar- dates, regulations, controls, and fines tion satellites and weather balloons, ently, birds were more important to which will be put in place and enforced and, you guessed it, that source is in those who made policy than those mil- even without a vote of Congress, conflict with the ground-based data. Of lions of poor and struggling children in unelected officials declaring them- course, no one is certain of that, be- the Third World who lost their lives to selves as having this enormous power cause all of this we’re talking about malaria, a disease that we had con- over us. This bypassing of the author- was the data before adjustments were trolled before we banned DDT. ity of Congress is a manifestation of made and before it was all deleted. The cap-and-trade bill, rammed tyranny. I don’t care if they think that So how is this for a scientific chal- through the House by deceit and they are saving the world. This is tyr- lenge? Defend the scientific integrity alarmist propaganda, awaits the U.S. anny. If there are changes in the law of the manmade global warming data Senate. If it becomes law, as I said on that are required by some climate the- collection process. It’s got more holes the floor, the debate, our economy will ory, let us debate them, have an honest in it than a spaghetti strainer. And go to hell and our jobs will go to China. debate. Let’s not impose this on the this manmade global warming theory And yes, it will affect all of us big American people without having elect- is the greatest scam in history. This, of time. And that’s what this is all about, ed officials be held accountable for course, is only one of many scams de- changing our lives big time. that decision. And, of course, we know signed to frighten us into draconian so- What are some of the long-term now the theories that we’re talking lutions for fictitious problems. changes these steely-eyed fanatics be- about are all based on the cooked I remember when I was a kid, they hind cap-and-trade and global warming books and phony science, which makes said cranberries cause cancer. Two and behind the Copenhagen gathering it all even worse. years later, after the cranberry indus- want to make in our lives? It’s a long So now on to challenge number 4, try was decimated, Oh, sorry, we made run, but here’s some of the things they which focuses on the accuracy of the a mistake. Then you remember want. statistics being used to justify man- cyclamates were supposedly causing They want gas to at least double in made global warming. Importantly, the cancer. That cost the American indus- price, probably triple, maybe more. alarmists who are raising all of this try hundreds of millions of dollars. It Parking prices need to go up. Parking ruckus, they’re doing it about less than destroyed a sugar substitute which was permits need to go way up. Air travel 1 degree of an increase in the global perfectly fine, and it ended up getting will be out of reach for ordinary people temperature. So we hear all of this America and perhaps the rest of the by elimination of frequent flier miles ruckus, but it’s only increased, even by world hooked on high fructose corn and discount tickets and simply dra- what they’re claiming, less than 1 de- syrup, only to be found out later on matically raising the price of airplane gree, or just about 1 degree over 150 that cyclamates are not carcinogenic tickets. Only the rich and powerful in years. So small inaccuracies can have at all. And, in fact, Canada never their private jets and limousines will huge implications to this process. banned them at all, and now its be free to travel as they please. Well, an investigation has found ac- cyclamates are free to be consumed Yes, and there will be restrictions on curacy problems with 80 percent of here in the United States. our diet. Embedded in the manmade America’s National Weather Service Well, then we remember Dr. Meryl global warming movement is a contin- stations which collected the data here Streep, a prominent scientist and gent of power freaks who want to re- in the United States. And worse, our movie actress who warned us about strict our meat consumption by lim- system, even with 80 percent of the sta- Alar, only to find out that that was fic- iting production. This is based on the tions not meeting reliable standards, titious. We remember Three Mile Is- idea that methane from cow flatulence we’ve been heralded as the best in the land and Jane Fonda, a presentation threatens the stability of the planet’s world. which stopped the building of nuclear climate. This is insane. So hamburgers But what about the statistics gath- power plants and made us even more are out, much less backyard barbecues. ered in the rest of the world, in the de- dependent on foreign oil. So what did The prices of electricity, just like veloping countries and in other coun- we do? We now depend more on oil and every energy source, would be pushed tries? What about the statistics that coal for our electricity because Jane sky high, as will the price of almost ev- were gathered here and abroad 100 Fonda created the impression that nu- erything that we consume because ev- years ago or 150 years ago? Does any- clear energy was not safe. erything manufactured or farmed de- one have faith in those figures? Re- And then during the Reagan adminis- pends on energy. The goal is to put member, that’s what was fed into the tration there was a furor about acid limits on human activity, especially computer. Let’s remember also, gar- rain, which was presented to us, again human consumption. To these fanatics, bage in, garbage out is a truism when with a phony baseline. They said that anything used or consumed that is not it comes to computers. The whole basis the lakes in the Northeast and every- essential is a waste of resources. for this so-called irrefutable evidence thing were becoming more acidic, and of global warming rests on computer they used as their baseline the time b 2045 models that were based on data col- immediately in the years that were Ronald Reagan used to say about this lected from faulty systems. after a massive number of fires in that crowd, They won’t be satisfied until Perhaps just as troubling, the data area turned those lakes into a base we’re all living in a bird’s nest. fed into these computers is no longer and, thus, the acidity was not the nat- So why is Congress on the verge of available for reassessment. Yep, the ural acidity that they normally were passing this monstrous legislation data was deleted by the research insti- at. And they were going back to the which will bolster the competitiveness

VerDate Nov 24 2008 04:26 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.148 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13625 of China and India while undercutting We will instead use the democratic SPECIAL ORDERS GRANTED our own economy and our way of life? process in this fight and hold true to By unanimous consent, permission to This is a product of a radical environ- the principles, and what was passed on address the House, following the legis- mentalist-globalist coalition. They to us by generations of Americans, and lative program and any special orders want to build a whole new world based we will also be true to future genera- heretofore entered, was granted to: on benevolent control by people like tions of Americans. But now it’s up to (The following Members (at the re- themselves. They have a vision of a us. If we don’t act, this conspiracy of quest of Mr. DEFAZIO) to revise and ex- harmonious and balanced world, and lies, of distortions in the scientific tend their remarks and include extra- they don’t mind scaring us into accept- community coupled with an alliance neous material:) ing it or imposing it upon us. with a globalist who would centralize Ms. WOOLSEY, for 5 minutes, today. And that is where the real threat power in global government. No. We Mr. DEFAZIO, for 5 minutes, today. comes in. This is not just the EPA must defeat them, or we will not be liv- Mr. DICKS, for 5 minutes, today. pushing democracy aside to centralize ing up to our responsibility, not living Mr. CONNOLLY of Virginia, for 5 min- power and controls in Washington, up to what we should be asked to do as utes, today. D.C., which is, in and of itself, contrary Americans, and that is to pass on this Mr. SESTAK, for 5 minutes, today. to what America is supposed to be all freedom. about. This is about centralizing power Mr. MASSA, for 5 minutes, today. We are united patriots, and we will Ms. KAPTUR, for 5 minutes, today. into the hands of global government. win. That is what Kyoto and Copenhagen (The following Members (at the re- With that, I yield back the balance of quest of Mr. DUNCAN) to revise and ex- are all about. That’s what the radical my time. environmentalist and globalist alliance tend their remarks and include extra- is all about. f neous material:) Wake up, America. We still have RECESS Mr. AKIN, for 5 minutes, today. Mr. PAUL, for 5 minutes, December 10 time to turn this around. We must The SPEAKER pro tempore (Mrs. fight the globalist clique that is trying and 11. DAHLKEMPER). Pursuant to clause 12(a) Mr. JONES, for 5 minutes, December to shackle future generations of Ameri- of rule I, the Chair declares the House cans to a burden of economy-killing 15. in recess subject to the call of the debt. They are chains that will be hard Mr. POE of Texas, for 5 minutes, De- Chair. to break, but we must have the cember 15. Accordingly (at 8 o’clock and 50 min- strength and the commitment to do so. Mr. DUNCAN, for 5 minutes, today. utes p.m.), the House stood in recess We will not give up our freedom, and Mr. MORAN of Kansas, for 5 minutes, we are not powerless. We will stand to- subject to the call of the Chair. December 14 and 15. gether, Americans of every race and re- f Mr. INGLIS, for 5 minutes, today. ligion, of every ethnic group and social b 2322 Mr. OLSON, for 5 minutes, today. status. We will fight as united patriots, (The following Members (at their own and we will win. Members of Congress AFTER RECESS request) to revise and extend their re- need to hear from angry constituents, The recess having expired, the House marks and include extraneous mate- and I predict they will. was called to order by the Speaker pro rial:) Yes, we need to overcome this power tempore (Ms. WASSERMAN SCHULTZ) at Mr. KUCINICH, for 5 minutes, today. grab. We need to overcome this alli- 11 o’clock and 22 minutes p.m. Mrs. BIGGERT, for 5 minutes, today. ance between radical environmental- f f ists and the globalists. But most of all, in order to win, we need to overcome CONFERENCE REPORT ON H.R. 3288, SENATE ENROLLED BILL SIGNED apathy among the American people. It TRANSPORTATION, HOUSING AND The Speaker announced her signa- is when the American people rise up in URBAN DEVELOPMENT, AND RE- ture to an enrolled bill of the Senate of a righteous rage that our freedom will LATED AGENCIES APPROPRIA- the following title: be secure. This is a power grab that is TIONS ACT, 2010 S. 1422. To amend the Family and Medical aimed at destroying our freedom. Mr. OLVER submitted the following Leave Act of 1993 to clarify the eligibility re- Wake up, America. We should not be conference report and statement on the quirements with respect to airline flight giving more power to United Nation bill (H.R. 3288) making appropriations crews. panels or anybody else or any other in- for the Departments of Transportation, f stitution internationally that is com- and Housing and Urban Development, ADJOURNMENT posed of governments that are con- and related agencies for the fiscal year trolled by gangsters and thugs that we Mr. OLVER. Madam Speaker, I move ending September 30, 2010, and for that the House do now adjourn. would never dream of electing here in other purposes: the United States, countries that don’t The motion was agreed to; accord- have any freedom of press. We’re going [Book II of the House portion of the ingly (at 11 o’clock and 24 minutes to give authority to enforce environ- RECORD containing the Conference Re- p.m.), the House adjourned until to- mental laws and rules that we’ve never port on H.R. 3288, dated December 8, morrow, Wednesday, December 9, 2009, voted on to bodies like that? Or we’re 2009, will be published at a later date.] at 10 a.m. going to go along with the EPA and f f push the Congress aside and elected of- LEAVE OF ABSENCE EXECUTIVE COMMUNICATIONS, ficials aside and let that be imposed ETC. upon us by people who have never been By unanimous consent, leave of ab- elected to anything? No. We must sence was granted to: Under clause 2 of Rule XXIV, execu- stand up and defeat this power grab. Mr. ABERCROMBIE (at the request of tive communications were taken from Wake up, America. Your freedom and Mr. HOYER) for today. the Speaker’s table and referred as fol- prosperity are at stake. Mr. GARY G. MILLER of California (at lows: I have three children at home: little the request of Mr. BOEHNER) for today 4916. A letter from the Director, Defense Christian, Anika and Tristan. We owe until 3 p.m. on account of travel. Procurement and Acquisition Policy, De- it to them and the children of this Mr. REICHERT (at the request of Mr. partment of Defense, transmitting the De- country to pass on freedom and oppor- BOEHNER) for today on account of sup- partment’s final rule — Defense Federal Ac- tunity that has been passed on to us. porting the law enforcement commu- quisition Regulation Supplement; Whistle- The sacrifice, the sacrifice of genera- nity and the families of four fallen offi- blower Protections for Contractor Employ- cers from the Lakewood Police Depart- ees (DFARS Case 2008-D012) (RIN: 0750-AG09) tions of Americans to provide us the received November 12, 2009, pursuant to 5 democracy that we have, the demo- ment at a memorial service in Tacoma. U.S.C. 801(a)(1)(A); to the Committee on cratic way of fighting these battles Mr. ARCURI (at the request of Mr. Armed Services. that we have. We will not see that de- HOYER) for today on account of official 4917. A letter from the Assistant General stroyed. business in district. Counsel for Regulatory Services, Office of

VerDate Nov 24 2008 05:58 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K08DE7.150 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13626 CONGRESSIONAL RECORD — HOUSE December 8, 2009 General Counsel, Department of Education, tional Oceanic and Atmospheric Administra- Directives; International Aero Engines AG transmitting the Department’s final rule — tion, transmitting the Administration’s final (IAE) V2500-A1, V2527E-A5, V2530-A5, and Institutional Eligibility Under the Higher rule — Fisheries of the Exclusive Economic V2528-D5 Turbofan Engines [Docket No.: Education Act of 1965, as Amended, and the Zone Off Alaska; Pacific Ocean Perch by FAA-2009-0294; Directorate Identifier 2009- Secretary’s Recognition of Accrediting Vessels in the Amendment 80 Limited Access NE-08-AD; Amendment 39-16057; AD 2009-22- Agencies [Docket ID: ED-2009-OPE-0009] Fishery in the Central Aleutian District of 06] (RIN: 2120-AA64) received November 13, (RIN: 1840-AD00) received November 12, 2009, the Bering Sea and Aleutian Islands Manage- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment Area [Docket No.: 0810141351-9087-02] Committee on Transportation and Infra- mittee on Education and Labor. (RIN: 0648-XS57) received November 13, 2009, structure. 4918. A letter from the Deputy Director, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 4936. A letter from the Program Analyst, Regulations Policy and Management Staff, mittee on Natural Resources. Department of Transportation, transmitting Department of Health and Human Services, 4927. A letter from the General Counsel, the Department’s final rule — Airworthiness transmitting the Department’s final rule — Department of Justice, transmitting the De- Directives; Hamilton Sundstrand Power Sys- Investigational New Drug Applications; partment’s final rule — Application of Immi- tems T-62T-46C12 Auxiliary Power Units Technical Amendment [Docket No.: FDA- gration Regulations to the Commonwealth of [Docket No.: FAA-2009-0247; Directorate 2009-N-0464] received November 12, 2009, pur- the Northern Mariana Islands [EOIR Docket Identifier 2009-NE-07-AD; Amendment 39- suant to 5 U.S.C. 801(a)(1)(A); to the Com- No.: 169 AG Order No. 3120-2009] (RIN: 1125- 16040; AD 2009-21-03] (RIN: 2120-AA64) Novem- mittee on Energy and Commerce. AA67) received November 12, 2009, pursuant ber 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); 4919. A letter from the Chief of Staff, Media to 5 U.S.C. 801(a)(1)(A); to the Committee on to the Committee on Transportation and In- Bureau, Federal Communications Commis- the Judiciary. frastructure. sion, transmitting the Commission’s final 4928. A letter from the Attorney-Advisor, 4937. A letter from the Program Analyst, rule — Amendment of Section 73.202(b), Department of Homeland Security, transmit- Department of Transportation, transmitting Table of Allotments, FM Broadcast Stations ting the Department’s final rule — Security the Department’s final rule — Airworthiness (Leupp, Arizona) [MB Docket No.: 09-98] re- Zone Naval Base Point Loma; San Diego Directives; Airbus Model A340-200 and -300 ceived November 12, 2009, pursuant to 5 Bay, San Diego, CA [Docket No.: USCG-2008- Series Airplanes [Docket No.: FAA-2009-0907; U.S.C. 801(a)(1)(A); to the Committee on En- 1016] (RIN: 1625-AA87) received November 12, Directorate Identifier 2009-NM-072-AD; ergy and Commerce. 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Amendment 39-1604; AD 2009-21-05] (RIN: 2120- 4920. A letter from the Acting Assistant Committee on Transportation and Infra- AA64) November 13, 2009, pursuant to 5 U.S.C. Secretary for Export Administration, De- structure. 801(a)(1)(A); to the Committee on Transpor- partment of Commerce, transmitting the De- 4929. A letter from the Attorney-Advisor, tation and Infrastructure. partment’s final rule — Revisions to the Ex- Office of Regulations and Administrative 4938. A letter from the Program Analyst, port Administration Regulations based on Law, Department of Homeland Security, Department of Transportation, transmitting the 2008 Missile Technology Control Regime transmitting the Department’s final rule — the Department’s final rule — Airworthiness Plenary Additions [Docket No.: 090126060- Anchorages; New and Revised Anchorages in Directives; 328 Support Services GmbH 91251-01] (RIN: 0694-AE53) received November the Captain of the Port Portland, OR, Area Dornier Model 328-100 and -300 Airplanes 12, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to of Responsibility [Docket No.: USCG-2008- [Docket No.: FAA-2009-0616; Directorate Identifier 2009-NM-070-AD; Amendment 39- the Committee on Foreign Affairs. 1232] (RIN: 1625-AA01) received November 12, 16043; AD 2009-21-06] (RIN: 2120-AA64) Novem- 4921. A letter from the Chairman, Council 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the ber 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); of the District of Columbia, transmitting Committee on Transportation and Infra- to the Committee on Transportation and In- District of Columbia Council: Transmittal of structure. D.C. Act 18-239, ‘‘Hospital and Medical Serv- 4930. A letter from the Attorney, Depart- frastructure. 4939. A letter from the Program Analyst, ices Corporation Regulatory Amendment Act ment of Homeland Security, transmitting Department of Transportation, transmitting of 2009’’, pursuant to D.C. Code section 1- the Department’s final rule — Safety Zone; the Department’s final rule — Airworthiness 233(c)(1); to the Committee on Oversight and Beachfest Fireworks, Pacific Ocean, San Directives; Rolls-Royce plc RB211 Trent 800 Government Reform. Diego, CA [Docket No.: USCG-2009-0811] Series Turbofan Engines [Docket No.: FAA- 4922. A letter from the Chairman, Council (RIN: 1625-AA00) received November 12, 2009, 2009-1369; Directorate Identifier 2003-NE-03- of the District of Columbia, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- AD; Amendment 39-16048; AD 2009-21-09] (RIN: District of Columbia Council: Transmittal of mittee on Transportation and Infrastruc- 2120-AA64) November 13, 2009, pursuant to 5 D.C. Act 18-238, ‘‘Omnibus Election Reform ture. U.S.C. 801(a)(1)(A); to the Committee on Amendment Act of 2009’’, pursuant to D.C. 4931. A letter from the Attorney-Advisor, Transportation and Infrastructure. Code section 1-233(c)(1); to the Committee on Department of Homeland Security, transmit- 4940. A letter from the Program Analyst, Oversight and Government Reform. ting the Department’s final rule — Pollution Department of Transportation, transmitting 4923. A letter from the General Counsel Prevention Equipment [Docket No.: USCG- the Department’s final rule — Airworthiness (Acting), National Indian Gaming Commis- 2004-18939] (RIN: 1625-AA90) received Novem- Directives; Turbomeca S.A. ARRIUS 1A Tur- sion, transmitting the Commission’s final ber 12, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); boshaft Engines [Docket No.: FAA-2009-0348; rule — Amendments to Various National In- to the Committee on Transportation and In- Directorate Identifier 2009-NE-39-AD; dian Gaming Commission Regulations (RIN: frastructure. Amendment 39-16050; AD 2009-21-11] (RIN: 3141-0001) received November 12, 2009, pursu- 4932. A letter from the Attorney, Depart- 2120-AA64) November 13, 2009, pursuant to 5 ant to 5 U.S.C. 801(a)(1)(A); to the Committee ment of Homeland Security, transmitting U.S.C. 801(a)(1)(A); to the Committee on on Natural Resources. the Department’s final rule — Safety Zone; Transportation and Infrastructure. 4924. A letter from the Acting Director, Of- Waters Surrounding M/V Guilio Verne and 4941. A letter from the Program Analyst, fice of Sustainable Fisheries, NMFS, Na- Barge Hagar for the Transbay Cable Laying Department of Transportation, transmitting tional Oceanic and Atmospheric Administra- Project, San Francisco Bay, CA [Docket No.: the Department’s final rule — Airworthiness tion, transmitting the Administration’s final USCG-2009-0870] (RIN: 1625-AA00) received Directives; Saab AB, Saab Aerosystems rule — Fisheries of the Exclusive Economic November 12, 2009, pursuant to 5 U.S.C. Model SAAB 2000 Airplanes [Docket No.: Zone Off Alaska; Pacific Ocean Perch by 801(a)(1)(A); to the Committee on Transpor- FAA-2009-0909; Directorate Identifier 2009- Vessels in the Amendment 80 Limited Access tation and Infrastructure. NM-172-AD; Amendment 39-16045; AD 2007-23- Fishery in the Western Aleutian District of 4933. A letter from the Attorney-Advisor, 05 R1] (RIN: 2120-AA64) November 13, 2009, the Bering Sea and Aleutian Islands Manage- Department of Homeland Security, transmit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment Area [Docket No.: 0810141351-9087-02] ting the Department’s final rule — Draw- mittee on Transportation and Infrastruc- (RIN: 0648-XS59) received November 13, 2009, bridge Operation Regulation; East River, ture. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- New York City, NY [Docket No.: USCG-2009- 4942. A letter from the Program Analyst, mittee on Natural Resources. 0348] (RIN: 1625-AA09) received November 12, Department of Transportation, transmitting 4925. A letter from the Acting Director, Of- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule — Pilot, Flight fice of Sustainable Fisheries, NMFS, Na- Committee on Transportation and Infra- Instructor, and Pilot School Certification; tional Oceanic and Atmospheric Administra- structure. Correction [Docket No.: FAA-2006-26661; tion, transmitting the Administration’s final 4934. A letter from the Attorney, Depart- Amendment Nos. 61-124A, 91-309A, and 141- rule — Fisheries of the Exclusive Economic ment of Homeland Security, transmitting 12A] (RIN: 2120-AI86) November 13, 2009, pur- Zone Off Alaska; Atka Mackerel by Vessels the Department’s final rule — Safety Zone; suant to 5 U.S.C. 801(a)(1)(A); to the Com- in the Amendment 80 Limited Access Fish- Catholic Church Procession; San Diego Bay, mittee on Transportation and Infrastruc- ery in the Western Aleutian District of the San Diego, CA [Docket No.: USCG-2009-0812] ture. Bering Sea and Aleutian Islands Manage- (RIN: 1625-AA00) received November 12, 2009, 4943. A letter from the Senior Regulations ment Area [Docket No.: 0810141351-9087-02] pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Analyst, Department of Transportation, (RIN: 0648-XS58) received November 13, 2009, mittee on Transportation and Infrastruc- transmitting the Department’s final rule — pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ture. Disadvantaged Business Enterprise Program; mittee on Natural Resources. 4935. A letter from the Program Analyst, Inflationary Adjustment [Docket No.: DOT- 4926. A letter from the Acting Director, Of- Department of Transportation, transmitting OST-2009-0074] (RIN: 2105-AD79) received No- fice of Sustainable Fisheries, NMFS, Na- the Department’s final rule — Airworthiness vember 13, 2009, pursuant to 5 U.S.C.

VerDate Nov 24 2008 05:58 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\L08DE7.000 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13627 801(a)(1)(A); to the Committee on Transpor- protect consumers and investors, to enhance tion to the Committee on Oversight and Gov- tation and Infrastructure. Federal understanding of insurance issues, to ernment Reform, for a period to be subse- 4944. A letter from the Program Analyst, regulate the over-the-counter derivatives quently determined by the Speaker, in each Department of Transportation, transmitting markets, and for other purposes (Rept. 111– case for consideration of such provisions as the Department’s final rule — Standard In- 365). Referred to the House Calendar. fall within the jurisdiction of the committee strument Approach Procedures, and Takeoff Mr. OLVER: Committee of Conference. concerned. Minimums and Obstacle Departure Proce- Conference report on H.R. 3288. A bill mak- By Ms. GINNY BROWN-WAITE of Flor- dures; Miscellaneous Amendments [Docket ing appropriations for the Departments of ida (for herself, Mrs. EMERSON, Mr. No.: 30692; Amdt. No. 3344] received Novem- Transportation, and Housing and Urban De- SOUDER, Mr. ROONEY, Mr. BUCHANAN, ber 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); velopment, and related agencies for the fis- Mr. ROSKAM, Mr. LINCOLN DIAZ- to the Committee on Transportation and In- cal year ending September 30, 2010, and for BALART of Florida, Mr. PUTNAM, Mr. frastructure. other purposes (Rept. 111–366). Ordered to be MARIO DIAZ-BALART of Florida, and 4945. A letter from the Program Analyst, printed. Mr. MACK): Department of Transportation, transmitting f H.R. 4222. A bill to provide for the estab- the Department’s final rule — Standard In- lishment of the Office of Deputy Secretary strument Approach Procedures, and Takeoff PUBLIC BILLS AND RESOLUTIONS for Health Care Fraud Prevention; to the Minimums and Obstacle Departure Proce- Committee on Energy and Commerce. Under clause 2 of rule XII, public dures; Miscellaneous Amendments [Docket By Mr. KILDEE (for himself, Mr. RYAN No.: 30691; Amdt. No. 3343] received Novem- bills and resolutions of the following of Ohio, and Mrs. BIGGERT): ber 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); titles were introduced and severally re- H.R. 4223. A bill to support evidence-based to the Committee on Transportation and In- ferred, as follows: social and emotional learning programming; frastructure. By Mr. RANGEL (for himself, Mr. to the Committee on Education and Labor. ´ 4946. A letter from the Chairman, Depart- OBERSTAR, Mr. CAMP, Mr. MICA, Mr. By Ms. VELAZQUEZ (for herself, Mr. ment of Transportation, transmitting the COSTELLO, Mr. PETRI, and Mr. LEWIS FRANK of Massachusetts, and Ms. WA- Department’s final rule — Removal of Dele- of Georgia): TERS): gations of Authority to Secretary, received H.R. 4217. A bill to amend the Internal Rev- H.R. 4224. A bill to establish a pilot pro- November 12, 2009, pursuant to 5 U.S.C. enue Code of 1986 to extend the funding and gram to train public housing residents as 801(a)(1)(A); to the Committee on Transpor- expenditure authority of the Airport and home health aides and in home-based health tation and Infrastructure. Airway Trust Fund, to amend title 49, United services to enable such residents to provide 4947. A letter from the Program Analyst, States Code, to extend authorizations for the covered home-based health services to resi- Department of Transportation, transmitting airport improvement program, and for other dents of public housing and residents of fed- the Department’s final rule — Production purposes; to the Committee on Transpor- erally-assisted rental housing, who are elder- and Airworthiness Approvals, Part Marking, tation and Infrastructure, and in addition to ly and disabled, and for other purposes; to and Miscellaneous Amendments [Docket No.: the Committee on Ways and Means, for a pe- the Committee on Financial Services. FAA-2006-25877; Amendment Nos. 1-64, 21-92, riod to be subsequently determined by the By Mr. COSTA (for himself and Mr. 43-43, and 45-26] (RIN: 2120-AJ64) November Speaker, in each case for consideration of CARDOZA): 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to such provisions as fall within the jurisdic- H.R. 4225. A bill to authorize drought as- the Committee on Transportation and Infra- tion of the committee concerned. Considered sistance adjustments to provide immediate structure. and passed. funding for projects and activities that will f By Mr. TANNER (for himself and Mr. help alleviate record unemployment and di- SAM JOHNSON of Texas): minished agricultural production related to REPORTS OF COMMITTEES ON H.R. 4218. A bill to amend titles II and XVI the drought in California; to the Committee PUBLIC BILLS AND RESOLUTIONS of the Social Security Act to prohibit retro- on Natural Resources. Under clause 2 of rule XIII, reports of active payments to individuals during peri- By Mr. REICHERT (for himself, Mr. KIND, Mr. DAVIS of Kentucky, Mr. committees were delivered to the Clerk ods for which such individuals are prisoners, fugitive felons, or probation or parole viola- BLUMENAUER, Mr. LEE of New York, for printing and reference to the proper tors; to the Committee on Ways and Means. and Mr. PERRIELLO): calendar, as follows: Considered and passed. H.R. 4226. A bill to amend the Internal Rev- Mr. WAXMAN: Committee on Energy and By Mr. WILSON of South Carolina (for enue Code of 1986 to improve and extend cer- Commerce. H.R. 1319. A bill to prevent the himself, Mr. KINGSTON, Mr. INGLIS, tain energy-related tax provisions, and for inadvertent disclosure of information on a Mr. BROUN of Georgia, Mr. SOUDER, other purposes; to the Committee on Ways computer through the use of certain ‘‘peer- Mr. BARRETT of South Carolina, Mrs. and Means. to-peer’’ file sharing software without first BACHMANN, Mrs. BLACKBURN, Mr. MIL- By Mr. SCHRADER (for himself, Mr. providing notice and obtaining consent from LER of Florida, Mr. FORBES, and Mr. WALDEN, Mr. BAIRD, Ms. HERSETH the owner or authorized user of the com- AKIN): SANDLIN, Mrs. MCMORRIS RODGERS, puter; with amendments (Rept. 111–361). Re- H.R. 4219. A bill to establish a National Mr. MINNICK, and Mr. DEFAZIO): ferred to the Committee of the Whole House Commission on American Recovery and Re- H.R. 4227. A bill to authorize the Secretary on the State of the Union. investment; to the Committee on Education of Agriculture to provide loans to support Mr. WAXMAN: Committee on Energy and and Labor. the conversion of energy generation or heat- Commerce. H.R. 2221. A bill to protect con- By Mr. BUYER (for himself, Mr. MORAN ing and cooling systems to the use of renew- sumers by requiring reasonable security poli- of Kansas, Mr. BROWN of South Caro- able biomass and to support the installation cies and procedures to protect computerized lina, Mr. MILLER of Florida, Mr. of new equipment to use renewable biomass data containing personal information, and to BOOZMAN, Mr. BILIRAKIS, Mr. BU- for such systems, and for other purposes; to provide for nationwide notice in the event of CHANAN, Mr. ROE of Tennessee, Mr. the Committee on Agriculture. a security breach; with amendments (Rept. BILBRAY, and Mr. LAMBORN): By Mr. ALEXANDER: 111–362). Referred to the Committee of the H.R. 4220. A bill to amend title 38, United H.R. 4228. A bill to require the Forest Serv- Whole House on the State of the Union. States Code, to make certain improvements ice to accommodate, to the extent consistent Mr. BRADY of Pennsylvania: Committee in the laws administered by the Secretary of with the management objectives and limita- on House Administration. H.R. 512. A bill to Veterans Affairs relating to small business tions applicable to the National Forest Sys- amend the Federal Election Campaign Act of concerns and employment assistance, and for tem lands at issue, individuals with mobility 1971 to prohibit certain State election ad- other purposes; to the Committee on Vet- disabilities who need to use a power-driven ministration officials from actively partici- erans’ Affairs, and in addition to the Com- mobility device for reasonable access to such pating in electoral campaigns; with an mittees on Education and Labor, and Small lands; to the Committee on Agriculture, and amendment (Rept. 111–363). Referred to the Business, for a period to be subsequently de- in addition to the Committee on Natural Re- Committee of the Whole House on the State termined by the Speaker, in each case for sources, for a period to be subsequently de- of the Union. consideration of such provisions as fall with- termined by the Speaker, in each case for Mr. ARCURI: Committee on Rules. House in the jurisdiction of the committee con- consideration of such provisions as fall with- Resolution 955. Resolution providing for con- cerned. in the jurisdiction of the committee con- sideration of the bill (H.R. 4213) to amend the By Mr. BUYER (for himself, Mr. ROE of cerned. Internal Revenue Code of 1986 to extend cer- Tennessee, Mr. BILBRAY, Mr. By Ms. BEAN (for herself and Mrs. tain expiring provisions, and for other pur- LAMBORN, Mr. BROWN of South Caro- CAPITO): poses (Rept. 111–364). Referred to the House lina, and Mr. BOOZMAN): H.R. 4229. A bill to amend the Real Estate Calendar. H.R. 4221. A bill to amend title 38, United Settlement Procedures Act of 1974 to ensure Mr. PERLMUTTER. Committee on Rules. States Code, to provide for improved acquisi- that borrowers under federally related mort- House Resolution 956. Resolution providing tion practices by the Department of Vet- gage loans have an opportunity to inspect for consideration of the bill (H.R. 4173) to erans Affairs, and for other purposes; to the closing documents; to the Committee on Fi- provide for financial regulatory reform, to Committee on Veterans’ Affairs, and in addi- nancial Services.

VerDate Nov 24 2008 04:40 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\L08DE7.000 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H13628 CONGRESSIONAL RECORD — HOUSE December 8, 2009 By Mr. BLUMENAUER: from the 10 percent penalty for early with- States citizens; to the Committee on Finan- H.R. 4230. A bill to limit access of Members drawals from governmental plans for Federal cial Services. of Congress to Government-administered and State qualified public safety employees; By Mr. BROWN of South Carolina (for health care benefits so long as comprehen- to the Committee on Ways and Means. himself, Mr. DAVIS of Illinois, Ms. sive health reform legislation has not be- By Mr. MELANCON: GINNY BROWN-WAITE of Florida, Mr. come law; to the Committee on House Ad- H.R. 4240. A bill to provide for a grace pe- CONAWAY, Mr. KINGSTON, Mr. CARTER, ministration, and in addition to the Commit- riod in which durable medical equipment Mr. DUNCAN, Mr. BARRETT of South tees on Oversight and Government Reform, suppliers may meet Medicare accreditation Carolina, Mr. INGLIS, Mr. ROGERS of Ways and Means, Energy and Commerce, and and surety bond requirements; to the Com- Kentucky, Mr. BACHUS, Mr. JONES, Veterans’ Affairs, for a period to be subse- mittee on Energy and Commerce, and in ad- Mr. LAMBORN, Mr. FRANKS of Arizona, quently determined by the Speaker, in each dition to the Committee on Ways and Means, Mr. SHIMKUS, Mr. SCALISE, Mr. case for consideration of such provisions as for a period to be subsequently determined MORAN of Kansas, Mr. SAM JOHNSON fall within the jurisdiction of the committee by the Speaker, in each case for consider- of Texas, and Mr. SOUDER): concerned. ation of such provisions as fall within the ju- H. Res. 951. A resolution expressing the By Mr. CAO: risdiction of the committee concerned. sense of the House of Representatives that H.R. 4231. A bill to amend the Violent By Mr. MICHAUD: the symbols and traditions of Christmas Crime Control and Law Enforcement Act of H.R. 4241. A bill to amend chapter 17 of should be protected for use by those who cel- 1994 to reduce the rate of occurrence of homi- title 38, United States Code, to allow for in- ebrate Christmas; to the Committee on Over- cides and violent crimes in violent and drug creased flexibility in payments for State vet- sight and Government Reform. crime zones; to the Committee on the Judici- erans homes; to the Committee on Veterans’ By Mr. MCKEON (for himself and Mr. ary. Affairs. CANTOR): By Mr. CASTLE: By Mr. MORAN of Kansas: H. Res. 952. A resolution expressing the H.R. 4232. A bill to extend the temporary H.R. 4242. A bill to amend the Internal Rev- sense of the House of Representatives that a duty suspension on certain rayon staple fi- enue Code of 1986 to provide incentives for recipient of the Congressional Medal of bers; to the Committee on Ways and Means. used oil re-refining, and for other purposes; Honor should be permitted, at all times on By Ms. HERSETH SANDLIN (for her- to the Committee on Ways and Means. the recipient’s property, to properly display ´ self, Mr. WALDEN, Mr. BAIRD, Mrs. By Ms. LINDA T. SANCHEZ of Cali- the Flag of the United States of America; to MCMORRIS RODGERS, and Mr. fornia (for herself and Mr. BRADY of the Committee on the Judiciary. SCHRADER): Texas): By Mr. MCGOVERN (for himself, Mr. H.R. 4233. A bill to amend the Healthy For- H.R. 4243. A bill to permit the issuance of WOLF, Mr. DELAHUNT, and Mr. SMITH ests Restoration Act of 2003 to expand the tax-exempt bonds for air and water pollution of New Jersey): areas of Federal land on which hazardous control facilities; to the Committee on Ways H. Res. 953. A resolution expressing the fuel reduction projects may be conducted and Means. sense of the House of Representatives that under that Act, to add protection of infra- By Mr. SCHOCK (for himself and Mr. the Government of the People’s Republic of structure in rural communities as an addi- NYE): China has violated internationally recog- tional purpose of that Act, and for other pur- H.R. 4244. A bill to amend the Internal Rev- nized human rights and legal due process poses; to the Committee on Agriculture, and enue Code of 1986 to provide a simplified re- standards by carrying out executions after in addition to the Committee on Natural Re- search tax credit for small businesses; to the trials marred by procedural abuses and by sources, for a period to be subsequently de- Committee on Ways and Means. carrying out arbitrary detentions targeting termined by the Speaker, in each case for By Mr. SESTAK: Uyghurs and other individuals in Xinjiang in H.R. 4245. A bill to authorize the Secretary consideration of such provisions as fall with- the aftermath of a suppressed demonstration of the Army to provide assistance relating to in the jurisdiction of the committee con- and ensuing mob violence on July 5 to 7, 2009; water resource protection and development cerned. to the Committee on Foreign Affairs. in Pennsylvania, and for other purposes; to By Mr. SAM JOHNSON of Texas: By Mr. HALL of Texas (for himself, Mr. H.R. 4234. A bill to provide for the com- the Committee on Transportation and Infra- MCCAUL, Mr. OLSON, Mr. memoration of the 60th anniversary of the structure. NEUGEBAUER, Mr. ROHRABACHER, Mr. Korean war; to the Committee on Armed By Mr. WALZ: AKIN, Mr. BROUN of Georgia, Mr. SEN- Services. H.R. 4246. A bill to amend the Internal Rev- SENBRENNER, Mr. BILBRAY, Mr. BART- By Mr. KENNEDY: enue Code of 1986 to extend the alternative LETT, Mrs. BIGGERT, and Mr. SMITH of H.R. 4235. A bill to amend the Public fuels credit for liquified petroleum gas Texas): Health Service Act to provide assistance for through 2010; to the Committee on Ways and H. Res. 954. A resolution expressing the graduate medical education funding for Means. sense of the House of Representatives regard- women’s hospitals; to the Committee on En- By Mr. BERMAN (for himself, Mr. ing the scientific protocols, data collection ergy and Commerce. SMITH of New Jersey, Mr. methods, and peer review standards for cli- By Mr. LEVIN: FALEOMAVAEGA, Mr. PAYNE, Mr. mate change research which are necessary to H.R. 4236. A bill to amend the Internal Rev- CROWLEY, Mr. FILNER, Mr. HONDA, preclude future infringements of the public enue Code of 1986 to provide a temporary ex- Ms. RICHARDSON, Mr. OBERSTAR, Mr. trust; to the Committee on Science and clusion of 100 percent of the gain on the sale ELLISON, Mr. CARNAHAN, Ms. MCCOL- Technology. or exchange of certain small business stock; LUM, Ms. HIRONO, Ms. CHU, Ms. By Mr. MCHENRY (for himself, Mr. to the Committee on Ways and Means. BORDALLO, Ms. SPEIER, Mr. BILBRAY, KISSELL, Mr. HUNTER, Mrs. MYRICK, By Mrs. MALONEY (for herself, Ms. Ms. WATSON, Mr. ENGEL, Mr. AL and Mr. SCHAUER): ROS-LEHTINEN, and Mr. NADLER of GREEN of Texas, Mr. SABLAN, Mr. H. Res. 957. A resolution honoring Jimmie New York): SIRES, and Ms. LORETTA SANCHEZ of Johnson, 2009 NASCAR Sprint Cup Cham- H.R. 4237. A bill to ensure that the courts California): of the United States may provide an impar- H. Con. Res. 218. Concurrent resolution ex- pion; to the Committee on Oversight and tial forum for claims brought by United pressing sympathy for the 57 civilians who Government Reform. States citizens and others against any rail- were killed in the southern Philippines on By Mr. VAN HOLLEN (for himself, Mr. road organized as a separate legal entity, November 23, 2009; to the Committee on For- GEORGE MILLER of California, Mrs. arising from the deportation of United eign Affairs. Considered and agreed to. BONO MACK, and Mr. REICHERT): States citizens and others to Nazi concentra- By Mr. TERRY: H. Res. 958. A resolution congratulating tion camps on trains owned or operated by H. Con. Res. 219. Concurrent resolution rec- the United States Men’s National Soccer such railroad, and by the heirs and survivors ognizing and commending the leadership and Team for securing a berth at the 2010 FIFA of such persons; to the Committee on the Ju- thousands of volunteers involved with Bugles World Cup in South Africa; to the Com- diciary. Across America for their commitment and mittee on Oversight and Government Re- By Ms. MARKEY of Colorado (for her- sacrifice to ensure veterans are laid to rest form. self, Ms. DEGETTE, Mr. POLIS, Mr. with the honor and ceremony they earned f SALAZAR, Mr. LAMBORN, Mr. COFFMAN through selfless service to the people of the of Colorado, and Mr. PERLMUTTER): United States in the Armed Forces; to the ADDITIONAL SPONSORS H.R. 4238. A bill to designate the facility of Committee on Veterans’ Affairs. Under clause 7 of rule XII, sponsors the United States Postal Service located at By Mr. JOHNSON of Georgia (for him- were added to public bills and resolu- 930 39th Avenue in Greeley, Colorado, as the self, Ms. RICHARDSON, Mr. LUJA´ N, Ms. ‘‘W.D. Farr Post Office Building’’; to the JACKSON-LEE of Texas, Mr. ELLISON, tions as follows: Committee on Oversight and Government Mr. CONYERS, and Mr. FILNER): H.R. 24: Mr. PALLONE, Ms. WASSERMAN Reform. H. Res. 950. A resolution expressing the SCHULTZ, Mr. MAFFEI, Mr. BARTON of Texas, By Mr. MEEK of Florida (for himself sense of the House that any unobligated Mr. RANGEL, Mr. VISCLOSKY, Ms. CHU, Mr. and Mr. BRADY of Texas): funds authorized for expenditure by the DOGGETT, Mr. HIGGINS, and Mr. AL GREEN of H.R. 4239. A bill to amend the Internal Rev- Troubled Asset Relief Program (TARP) Texas. enue Code of 1986 to modify the exception should be used to create jobs for United H.R. 39: Mr. FARR and Mr. ISRAEL.

VerDate Nov 24 2008 04:40 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\L08DE7.100 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 8, 2009 CONGRESSIONAL RECORD — HOUSE H13629

H.R. 270: Mr. MCCOTTER. H.R. 2672: Mrs. BLACKBURN, Mr. NYE, Mr. H.R. 4116: Ms. ROYBAL-ALLARD, Mr. H.R. 333: Ms. MATSUI. SMITH of Nebraska, and Mr. BOOZMAN. PAULSEN, Mr. MURPHY of Connecticut, Mr. H.R. 391: Mr. LINDER, Mr. HALL of Texas, H.R. 2709: Mr. QUIGLEY. PIERLUISI, Ms. EDWARDS of Maryland, Ms. Mr. MCCAUL, and Mr. OLSON. H.R. 2743: Mr. REICHERT and Mr. NEAL of LEE of California, Mr. PLATTS, Mr. HODES, H.R. 393: Mrs. CAPITO. Massachusetts. and Mr. ABERCROMBIE. H.R. 537: Mr. COSTELLO. H.R. 2859: Ms. ROYBAL-ALLARD. H.R. 4117: Mr. OWENS. H.R. 571: Ms. HARMAN, Ms. NORTON, and Mr. H.R. 2866: Mr. ROGERS of Michigan and Mr. H.R. 4127: Mr. SOUDER. AUSTRIA. CASSIDY. H.R. 4128: Mr. CONYERS, Mr. MORAN of Vir- H.R. 678: Mr. PAUL, Mr. LANCE, Ms. BALD- H.R. 2964: Ms. RICHARDSON and Mrs. ginia, Mr. MCGOVERN, Mr. BLUMENAUER, Mr. WIN, and Ms. HIRONO. BLACKBURN. SHULER and Mr. CAO. H.R. 690: Mr. THOMPSON of Mississippi, Mr. H.R. 2987: Ms. SCHAKOWSKY. H.R. 4130: Mr. CONYERS, Mr. FILNER, and SNYDER, Mr. HARPER, and Ms. KILROY. H.R. 2991: Mr. CLAY, Mr. SCOTT of Virginia, Mr. TANNER. H.R. 847: Mr. NYE. Mr. CONYERS, Ms. JACKSON-LEE of Texas, Ms. H.R. 4147: Mr. CROWLEY. H.R. 881: Mr. SESSIONS, Mr. ADERHOLT, and WATSON, and Ms. RICHARDSON. H.R. 4160: Ms. HIRONO. Mr. AUSTRIA. H.R. 3019: Mr. STUPAK and Mr. WALDEN. H.R. 4161: Ms. HIRONO. H.R. 930: Mr. RUSH. H.R. 3042: Mr. HIGGINS. H.R. 4163: Mr. DEFAZIO. H.R. 1020: Mr. WALZ. H.R. 3043: Mr. LEWIS of Georgia, Mr. H.R. 4165: Mr. SMITH of Washington, Mr. H.R. 1051: Mr. WELCH. KUCINICH, Mr. PETERSON, Mr. PASTOR of Ari- INSLEE, Mr. REICHERT, and Mr. DANIEL E. H.R. 1067: Mr. JACKSON of Illinois. zona, and Mr. BERMAN. LUNGREN of California. H.R. 1079: Mr. LANGEVIN. H.R. 3077: Mr. STUPAK. H.R. 4167: Ms. ESHOO. H.R. 1134: Mr. MCCOTTER. H.R. 3131: Mr. FORTENBERRY and Mr. DENT. H.R. 4168: Mr. PATRICK J. MURPHY of Penn- H.R. 1177: Mr. JOHNSON of Georgia, Mr. H.R. 3140: Ms. GRANGER and Mr. SMITH of sylvania. AUSTRIA, Mrs. LUMMIS, Mr. MCCLINTOCK, Mr. Nebraska. H.R. 4177: Mr. ALEXANDER, Mr. BRIGHT, and OLSON, Mr. PAULSEN, Mr. CHAFFETZ, Mr. H.R. 3147: Mr. CLAY. Mr. ROSS. COFFMAN of Colorado, Mr. ROE of Tennessee, H.R. 3149: Ms. FUDGE and Mr. MICHAUD. H.R. 4183: Mr. OLVER. AULSEN Mr. FLEMING, Mr. GALLEGLY, Mrs. SCHMIDT, H.R. 3227: Mr. P . H.R. 4196: Mr. COURTNEY, Mr. MILLER of H.R. 3249: Ms. MATSUI. Mr. SCHOCK, Mr. HARPER, Mr. THOMPSON of North Carolina, Mr. SABLAN, Mr. HARE, Ms. H.R. 3310: Mr. FORBES AND MR. LINDER. Pennsylvania, Mr. HELLER, Mr. YOUNG of DELAURO, Ms. BORDALLO, Mr. RYAN of Wis- H.R. 3315: Mr. DEFAZIO. Alaska, Mr. HUNTER, Mr. LEE of New York, consin, Mr. GRIJALVA, Mr. LOEBSACK, Ms. H.R. 3402: Mr. BUYER. Mr. LANCE, and Mr. QUIGLEY. NORTON, Ms. MOORE of Wisconsin, and Ms. H.R. 3431: Mr. TAYLOR. H.R. 1205: Mr. ROGERS of Alabama and Mr. FUDGE. H.R. 3439: Mr. COSTELLO. STARK. H.J. Res. 61: Mr. QUIGLEY. H.R. 3441: Mr. OWENS. H.R. 1237: Ms. RICHARDSON and Mr. ELLS- H. Con. Res. 213: Mr. BERMAN and Mr. H.R. 3463: Mr. SOUDER. WORTH. HINOJOSA. WENS H.R. 3485: Mr. TIERNEY. H.R. 1283: Mr. O . H. Res. 35: Mr. JOHNSON of Illinois. H.R. 1396: Mr. CARTER. H.R. 3488: Mr. HODES. H. Res. 55: Mr. STUPAK, Mr. MURPHY of H.R. 1443: Mr. ELLISON. H.R. 3615: Mr. OWENS. Connecticut, and Mr. BRALEY of Iowa. H.R. 1499: Mr. TURNER. H.R. 3654: Mr. LINCOLN DIAZ-BALART of H. Res. 677: Mr. PAULSEN. H.R. 1526: Ms. CORRINE BROWN of Florida Florida. H. Res. 732: Mr. MCCAUL, Mr. ROHRABACHER and Ms. BERKLEY. H.R. 3720: Mr. CARNEY. and Mr. SIRES. H.R. 1552: Mr. OWENS. H.R. 3745: Mr. FARR. H. Res. 860: Mr. DAVIS of Illinois, Mr. H.R. 1584: Mr. CRENSHAW. H.R. 3757: Mr. FORBES. GUTIERREZ, Mr. HIGGINS, and Ms. DEGETTE. H.R. 1596: Mr. NEAL of Massachusetts. H.R. 3758: Mr. DAVIS of Kentucky, Mr. H. Res. 864: Mr. SNYDER, Mr. COOPER, Mr. H.R. 1618: Mr. GARAMENDI. JACKSON of Illinois, Mr. TIAHRT, MELANCON, Ms. HERSETH SANDLIN, Ms. SUT- H.R. 1623: Mr. PASCRELL. Mrs. MCMORRIS RODGERS, Mr. SMITH of Ne- TON, Ms. MARKEY of Colorado, Mr. SHULER, H.R. 1653: Ms. WOOLSEY. braska, Mr. MINNICK, Mr. WAMP, Mr. Mr. MOORE of Kansas, Mr. BOYD, Ms. KOSMAS, H.R. 1806: Mr. CLAY, Mr. ELLSWORTH, Mr. HASTINGS of Washington, Mr. WOLF, Mr. and Mr. TANNER. SHULER, Mr. MOLLOHAN, Mr. DEFAZIO, Mr. HELLER, Mr. HALL of Texas, Mr. TERRY, Mr. H. Res. 898: Mr. SESTAK. DAVIS of Illinois, and Mr. NYE. GERLACH, Mr. MARIO DIAZ-BALART of Florida, H. Res. 905: Mr. CHANDLER, Mr. ETHERIDGE, H.R. 1815: Mr. PENCE and Mr. COBLE. and Mr. HINCHEY. and Ms. BORDALLO. H.R. 1869: Mr. COURTNEY. H.R. 3784: Mr. LEE of New York. H. Res. 907: Mr. DOYLE. H.R. 1894: Mr. FORBES. H.R. 3790: Mr. MOORE of Kansas, Mr. H. Res. 911: Mr. SCALISE, Mr. BACHUS, Mr. H.R. 1956: Mr. MURPHY of Connecticut. FORBES, Mr. TERRY, and Mr. CHILDERS. LATTA, Mr. ISSA, Mr. POSEY, and Mr. DREIER. H.R. 1977: Mr. CONYERS. H.R. 3812: Mr. POLIS. H. Res. 925: Ms. RICHARDSON. H.R. 1987: Mr. MURPHY of New York. H.R. 3838: Ms. BALDWIN. H. Res. 940: Ms. GIFFORDS and Ms. BALDWIN. H.R. 1990: Mr. COLE and Mr. KANJORSKI. H.R. 3904: Ms. ZOE LOFGREN of California H. Res. 945: Mr. HERGER and Mr. SOUDER. H.R. 2006: Ms. FUDGE, Mr. KLEIN of Florida, and Mr. HALL of New York. H. Res. 946: Mr. KISSELL, Mr. HARE, Mr. and Mrs. DAVIS of California. H.R. 3930: Mr. FRANK of Massachusetts, Mr. WEINER, Mr. MASSA, Mr. SCOTT of Virginia, H.R. 2119: Mr. SCHOCK and Mr. CRENSHAW. LEWIS of Georgia, and Mr. DOGGETT. Mr. MICHAUD, and Mr. CLEAVER. H.R. 2149: Mr. HALL of Texas. H.R. 3943: Mr. HASTINGS of Florida, Mr. H.R. 2190: Mr. INSLEE. BOCCIERI, Mr. CARNAHAN, Mr. SMITH of Ne- H.R. 2194: Mr. SPRATT. braska, Mr. MASSA, Mr. ETHERIDGE, Mr. f H.R. 2214: Ms. MCCOLLUM. MCNERNEY, Mr. MCGOVERN, and Mr. FORBES. H.R. 2262: Mr. COHEN and Ms. TITUS. H.R. 3947: Mr. BRALEY of Iowa. CONGRESSIONAL EARMARKS, LIM- H.R. 2324: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 3948: Mr. HASTINGS of Florida. fornia, Ms. SPEIER, Mr. WEXLER, Ms. HAR- H.R. 3966: Mr. FRANK of Massachusetts. ITED TAX BENEFITS, OR LIM- MAN, Mr. MARKEY of Massachusetts, and Ms. H.R. 3974: Mr. BOUCHER and Mr. JOHNSON of ITED TARIFF BENEFITS SLAUGHTER. Georgia. Under clause 9 of rule XXI, lists or H.R. 2365: Mr. JACKSON of Illinois. H.R. 4037: Mr. SABLAN. statements on congressional earmarks, H.R. 4067: Mr. HINOJOSA, Mr. PATRICK J. H.R. 2429: Mr. HALL of Texas, Mr. limited tax benefits, or limited tariff MELANCON, and Mr. JACKSON of Illinois. MURPHY OF PENNSYLVANIA, MR. MASSA, Mr. H.R. 2452: Mr. BUTTERFIELD. VAN HOLLEN, and Mr. MATHESON. benefits were submitted as follows: H.R. 2478: Mr. REICHERT. H.R. 4089: Mr. SMITH of Nebraska, Mr. The amendment to be offered by Rep- H.R. 2480: Mrs. NAPOLITANO and Mr. CROW- MORAN of Kansas, and Mr. BOCCIERI. resentative FRANK of Massachusetts, or a LEY. H.R. 4102: Mr. WU. designee, to H.R. 4173, the Wall Street Re- H.R. 2492: Mr. BOUCHER. H.R. 4108: Ms. MATSUI. form and Consumer Protection Act of 2009, H.R. 2548: Mr. HODES. H.R. 4110: Mr. JONES, Mr. POE of Texas, and does not contain any congressional ear- H.R. 2565: Mr. CARNEY. Mr. SIMPSON. marks, limited tax benefits, or limited tariff H.R. 2641: Mr. BRALEY of Iowa. H.R. 4114: Ms. BALDWIN. benefits as defined in clause 9 of rule XXI.

N O T I C E Incomplete record of House proceedings. Conference Report will appear in Book II.

VerDate Nov 24 2008 05:07 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00079 Fmt 7634 Sfmt 8633 E:\CR\FM\A08DE7.051 H08DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE 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, DECEMBER 8, 2009 No. 183 Senate The Senate met at 10 a.m. and was make them exemplary models of the APPOINTMENT OF ACTING called to order by the Honorable RO- highest and finest in faithful, loyal, PRESIDENT PRO TEMPORE LAND W. BURRIS, a Senator from the and dedicated leadership. Give them The PRESIDING OFFICER. The State of Illinois. wisdom, strength, and clarity to meet clerk will please read a communication PRAYER today’s daunting challenges. to the Senate from the President pro tempore (Mr. BYRD). The Chaplain, Dr. Barry C. Black, of- We pray in Your great Name. Amen. fered the following prayer: The legislative clerk read the fol- Let us pray. f lowing letter: God of wonder, beyond all majesty, U.S. SENATE, PRESIDENT PRO TEMPORE, may our lives and our world be awak- PLEDGE OF ALLEGIANCE ened by Your grace. Open our eyes to Washington, DC, December 8, 2009. To the Senate: Your works and our ears to Your words The Honorable ROLAND W. BURRIS led of life. Under the provisions of rule I, paragraph 3, the Pledge of Allegiance, as follows: of the Standing Rules of the Senate, I hereby Stir within our lawmakers a desire to appoint the Honorable ROLAND W. BURRIS, a I pledge allegiance to the Flag of the please You. Enable them to hear with Senator from the State of Illinois, to per- United States of America, and to the Repub- objectivity and respond with integrity, form the duties of the Chair. as they comprehend their individual lic for which it stands, one nation under God, ROBERT C. BYRD, and collective responsibilities. Lord, indivisible, with liberty and justice for all. President pro tempore.

NOTICE If the 111th Congress, 1st Session, adjourns sine die on or before December 23, 2009, a final issue of the Congres- sional Record for the 111th Congress, 1st Session, will be published on Thursday, December 31, 2009, to permit Members to insert statements. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–59 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Wednesday, December 30. The final issue will be dated Thursday, December 31, 2009, and will be delivered on Monday, January 4, 2010. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators’ statements should also be formatted according to the instructions at http://webster/secretary/conglrecord.pdf, and submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–59. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. CHARLES E. SCHUMER, Chairman.

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

S12647

.

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.000 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12648 CONGRESSIONAL RECORD — SENATE December 8, 2009 Mr. BURRIS thereupon assumed the Senate will resume consideration of bled government program in order to chair as Acting President pro tempore. H.R. 3590, which the clerk will report. create another is a mistake. I will say f The legislative clerk read as follows: that again: $1⁄2 trillion in cuts to Medi- A bill (H.R. 3590) to amend the Internal care for seniors is not reform. RECOGNITION OF THE MAJORITY Revenue Code of 1986 to modify the first-time But Medicare cuts are just one leg of LEADER home buyers credit in the case of members of the stool holding up this misguided vi- The ACTING PRESIDENT pro tem- the Armed Forces and certain other Federal sion of reform. Let’s take a look at an- pore. The majority leader is recog- employees, and for other purposes. other. Let’s look at how this bill pun- nized. Pending: ishes not only seniors but how it kills f Reid amendment No. 2786, in the nature of jobs at a time when 1 in 10 working a substitute. Americans is looking for one. This bill SCHEDULE Nelson (NE) amendment No. 2962 (to doesn’t just punish seniors, it punishes Mr. REID. Mr. President, following amendment No. 2786), to prohibit the use of job creators too. leader remarks, the Senate will resume Federal funds for abortions. That is the message we got yesterday McCain motion to commit the bill to the from small businesses across the coun- consideration of the health reform leg- Committee on Finance, with instructions. islation. Following leader remarks, the try. They sent us a letter opposing this The ACTING PRESIDENT pro tem- time until 12:30 will be for debate only. bill because it doesn’t do the things pore. Under the previous order, the The majority will control the first half proponents of this bill promised it time until 12:30 p.m. will be for debate of the time allotted until 12:30. The Re- would. It doesn’t lower costs, it doesn’t only, with the time equally divided and publicans will control the next half. help create jobs, and it doesn’t help the controlled between the two leaders or The remaining time will be equally di- economy. Here are just some of the their designees, with Senators per- vided and controlled between the two groups that signed that letter: the As- mitted to speak for up to 10 minutes leaders or their designees. The Senate sociated Builders and Contractors, the each, with the majority controlling the will recess from 12:30 until 2:15 p.m. to Associated General Contractors, the first hour and the Republicans control- allow for the weekly caucus luncheons. International Food Service Distribu- ling the next hour. There are two amendments now pend- tors Association, the National Associa- RECOGNITION OF THE MINORITY LEADER tion of Manufacturers, the National ing. One is the Nelson of Nebraska Association of Wholesale Distributors, amendment and the other is the The ACTING PRESIDENT pro tem- the National Retail Federation, Small McCain motion to commit. Senators pore. The Republican leader is recog- Business and Entrepreneurship Coun- should expect votes after the recess in nized. HEALTH CARE REFORM cil, and the U.S. Chamber of Com- relation to the pending amendment and merce. Mr. MCCONNELL. Mr. President, motion. Here is what these groups had to say over the past several days, Americans f about this bill. I am reading from their have seen in vivid detail what some letter dated December 7, 2009, a letter NEW DEMOCRATIC SENATORS supporters of this plan plan to do for that was addressed to every Member of the Medicare Program for seniors. Mr. REID. Mr. President, we have the Senate: They plan to use it as a giant piggy scheduled this morning, as soon as the In order to finance part of its $2.5 trillion leader time is used, a group of Demo- bank to pay for an entirely new gov- price tag, HR 3590 imposes new taxes, fees cratic Senators. These are all new Sen- ernment program. Yesterday, we heard and penalties totaling nearly half a trillion ators. I hope those people who are floated, for the very first time, that dollars. This financial burden falls dispropor- watching understand the quality of the they want to radically expand Medi- tionately on the backs of small business. people who are now going to make a care. So what is becoming abundantly Small firms are in desperate need of this pre- presentation before this body. The clear is that the majority will make cious capital for job creation, investment, business expansion, and survival. States that will be represented here any deal, agree to any terms, sign any The letter goes on to detail all the today will be Oregon, Delaware, New dotted line that brings them closer to ways in which this bill punishes small Hampshire, Colorado—we have two Col- final passage of this terrible bill. They businesses, thus making it harder for orado Senators who will speak—the entertain adding new experiments them to retain or hire workers. These new Senator from Massachusetts, New without any assessment of the impact groups point out that under this bill, Mexico, Virginia, Illinois, Alaska, and this backroom deal-making will have on the American people or our econ- small businesses in the United States the opening will be by Senator would see major cost increases as a re- omy. They are, for lack of a better MERKLEY and the closing will be by sult of new taxes on health benefits term, winging it on one of the most Senator MERKLEY. Such quality indi- and health insurance, costs that would consequential pieces of legislation af- viduals we are so fortunate to have in be passed on to employees and which fecting our country in memory. the Senate. I am grateful for the time would make health insurance more ex- Let me suggest to the majority, they have taken to speak on this issue. pensive, not less. Much of what they have done has set Americans would much rather we get it Under this bill, self-employed busi- the tone for this debate on our side of right than scurry around, throwing to- ness owners who buy coverage for the aisle. It has been constructive, it gether untested, last-minute experi- themselves could see a double-digit has been positive, and it has been very ments in order to get 60 votes before jump in their insurance premiums. For lucid. They were all successful individ- Christmas. Let me say that again. other small businesses, the bill won’t uals before they came to the Senate. Americans would much rather we get it lead to a significant decrease in cost— Certainly, that is acknowledged every right than scurry around, throwing to- something they were promised as a re- time we hear one of them say a word gether untested, last-minute experi- sult of the bill. here on the Senate floor. ments in order to get 60 votes before Under this bill, jobs would be lost Would the Chair announce the mat- Christmas. and wages depressed as a result of a ter before the Senate. Over the past several days, our new law that would require businesses f friends on the other side repeatedly either to buy insurance for their em- voted to preserve nearly $1⁄2 trillion in ployees or to pay a fine. RESERVATION OF LEADER TIME Medicare cuts to finance their vision of Needless to say, this is not the kind The ACTING PRESIDENT pro tem- reform, a vision that includes cutting of legislation the American worker pore. Under the previous order, the nearly $8 billion from hospice care, $40 needs or wants at a moment of double- leadership time is reserved. billion in cuts to home health agencies, digit unemployment. Perhaps that is f $120 billion in cuts to Medicare Advan- the reason that poll after poll after tage, $135 billion in cuts to hospitals public opinion poll shows that the SERVICEMEMBERS HOME that serve Medicare patients, and near- American worker opposes this bill. OWNERSHIP TAX ACT ly $15 billion in cuts to nursing homes. Some business groups may have sup- The ACTING PRESIDENT pro tem- What these cuts really illustrate is a ported this plan earlier in the year be- pore. Under the previous order, the lack of vision because cutting one trou- cause they thought it was inevitable.

VerDate Nov 24 2008 03:13 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.001 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12649 They didn’t want to be critical of a bill Mr. BAUCUS. Mr. President, for the Mr. DODD. Mr. President, I will be they thought they had no power to benefit of all Senators, I would like to very brief because we want to take the stop. But something happened between take a moment to lay out today’s pro- time to hear from our colleagues. I, then and now: The American people re- gram. It has been more than 21⁄2 weeks too, want to commend them. A number alized what this bill meant for them. since the majority leader moved to of them serve on the Health, Edu- They realized what it would mean for proceed to the health care reform bill, cation, Labor, and Pensions Committee seniors, for business owners, for the and this is the ninth day of debate. The and were tremendously valuable in economy, for our future as a country. Senate has considered 18 amendments helping us craft the legislation we now Americans stood up, they made their or motions. We have conducted 14 roll- have before us in this compromised, voices heard, and now the tide has call votes. melded bill. turned. The American people oppose Today, the Senate will debate the I also want to make a note. I listened this bill. They want us to start over. amendment by the Senator from Ne- to the Republican leader this morn- They want us to make commonsense, braska, Mr. NELSON, on a woman’s ing—and I will talk more about this step-by-step reforms that everyone can right to choose. At the same time, we later—but you would almost begin to support, not some backroom deal to will debate the motion by Senator believe that 300 days ago Barack have the government take over the MCCAIN on Medicare Advantage. Obama arrived as President of the health care system that is then forced The time between now and the cau- United States, and all these problems on the American people without discus- cus lunches is for debate only. The ma- emerged miraculously. The fact is, in sion. jority will control the first hour of de- the previous 8 years we watched the Our friends on the other side can read bate this morning; the Republicans will Nation accumulate more debt in one the writing on the wall. They know the control the second hour. administration than all prior 43 admin- American people oppose this bill. But We are hopeful the Senate will be istrations combined. they have apparently made a calcula- able to conduct votes on or in relation The situation we find ourselves in tion to force it through Congress over to the Nelson amendment, a side-by- economically did not happen overnight. the next several days before the Amer- side amendment to the McCain motion, It happened over a number of years of ican people even have a chance to ab- and the McCain motion sometime this carelessness, with a lack of regulation sorb the details. The only thing that afternoon. and a lack of the enforcement of the can stop them is the realization by Thereafter, we expect to turn to an- regulation that existed. We have been Democrats themselves that this plan other Democratic first-degree amend- grappling with these problems. In De- would be a tragic mistake for seniors, ment, which is likely to be the amend- cember of last year, more than 700,000 for the economy, and for our country ment by the Senator from North Da- people lost their jobs—in that 1 month and that a better path would be the kota, Mr. DORGAN, on drug reimporta- alone. In January, almost 700,000 again, tion, and another Republican first-de- kind of step-by-step reforms Americans and the same was true in March. Al- gree amendment. We are working on have been asking of us, reforms Ameri- most 3 million jobs were lost before the lining up those amendments. ink on the inauguration papers was cans really want. Americans don’t I note that the pending McCain mo- think reform should come at the ex- dry. tion is the third such effort by the Re- We are now finding ourselves—while pense of seniors, and they don’t think publicans to defend the private insur- still too high an unemployment rate— it should come at the expense of jobs. ance companies that run the program with a vastly improved economic con- They don’t think it should make cur- called Medicare Advantage. That is the dition in this country. Much more rent problems worse. same so-called Medicare Advantage needs to be done. Yet we hear the same TARP Program that the nonpartisan MedPAC sort of ‘‘Chicken Little’’ arguments. Mr. President, we are now hearing says is overpaid—overpaid by 14 per- Just say no, every time, to an idea that talk that the administration is think- cent—compared with traditional Medi- might make a difference to this coun- ing of using the bank bailout TARP care, which does the same thing. try getting back on its feet again. money that taxpayers reluctantly That is the same so-called Medicare Certainly the decisions made a year handed over during last year’s credit Advantage Program whose overpay- ago to provide the stabilization of crisis on another spending spree like ments add $90 to the Medicare pre- major financial institutions contrib- the stimulus which they said would miums of a typical retired couple, even uted directly to the benefits we are see- stop unemployment at 8 percent but though that couple gets nothing in ex- ing today. Certainly the efforts of tak- hasn’t. One trillion dollars later, unem- change. ing some of these resources that have ployment is now at 10 percent. This is That is the same so-called Medicare gone to bail out major financial insti- not only irresponsible, since the pur- Advantage Program that has been the tutions now being used to try to create pose of these emergency funds was to major source of strong profits for the jobs in the country is something I prop up the credit system in the midst private insurance companies that re- think would be welcomed by the Amer- of a crisis, it also violates both current ceive those overpayments. And that is ican people—not rejected by Members law and the pledge we made that every the same so-called Medicare Advantage of Congress who seem only to be inter- dollar we got back would be returned Program that helps those private in- ested in whether we are going to take to the taxpayer to reduce the national surance companies to pay their CEOs care of those large firms that got us debt. That is the pledge we made when $8 million a year, $9 million a year, and into this mess in the first place. we passed the TARP proposal. in one instance more than $20 million a So I welcome the President’s ideas in This proposal from the administra- year in compensation. this area. We welcome particularly this tion is completely wrongheaded, but it So that is the same so-called Medi- effort on health care, to make a dif- is perfectly illustrative of the way care Advantage Program that, in our ference not only for individuals but for Democrats in Congress have been deal- view, needs a healthy dose of competi- our economy, to reduce those costs, re- ing with taxpayer money all year—by tion. That is all our bill would do. Our duce those premiums, and make those throwing it at one problem after an- bill would move to competitive bidding insurance products available to all other without much regard for the con- in the private insurance Medicare mar- Americans who worry every night sequences. Whether it is the stimulus, ket. It is high time we did so. about whether they are going to fall Cash for Clunkers, or the health care This morning we are going to have a into that abyss because of a health bill that is currently on the Senate colloquy among many new Senators, care crisis that happens to a family floor, Americans are running out of pa- the group of Senators who were just member or a loved one. tience with politicians who promise elected last year, which is a very active So today we are going to hear from a jobs but who deliver nothing but more group. I have met with them many number of our colleagues who have debt, higher taxes, and longer unem- times. They are very thoughtful, very been deeply engaged in these issues ployment lines. active, and they have a lot to say. over the last several years and in their Mr. President, I yield the floor. The ACTING PRESIDENT pro tem- new membership in this wonderful The ACTING PRESIDENT pro tem- pore. The Senator from Connecticut is body of the Senate. I welcome tremen- pore. The Senator from Montana. recognized. dously their efforts.

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.002 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12650 CONGRESSIONAL RECORD — SENATE December 8, 2009 Mr. President, I yield the floor to $650 billion in the second 10 years. This Thank you, Mr. President. allow them to discuss their ideas. I be- will truly bend the cost curve, which The ACTING PRESIDENT pro tem- lieve the first one to speak is our new we have to do if we are not going to go pore. The Senator from Virginia is rec- colleague from Delaware. into insolvency. ognized. The ACTING PRESIDENT pro tem- It is interesting, when the other side Mr. WARNER. Thank you, Mr. Presi- pore. The Senator from Delaware is talks about deficits, deficits, deficits— dent. recognized. the thing that is driving the deficit is I thank my colleague, the Senator Mr. KAUFMAN. Mr. President, I health care costs because what drives from Delaware, for his comments and want to start by agreeing—and I prac- Medicare and Medicaid costs is health for his leadership on this issue. I also tically always agree with the Senator care costs. thank all of the freshmen. This is, I from Connecticut—with his summation This bill makes quality, affordable think, the seventh time the freshmen as to how we got to where we are, and health care within reach of all Ameri- have come to the floor on this very im- why it is important we do something cans. But there is always more we can portant issue. Our colleagues have had about it. He is right. The chairman of do. That is why I am pleased to join my to now endure 65 speeches from the the Finance Committee is right too. other freshman colleagues to support a freshmen on the subject of health care. The freshman Senators who come very promising amendment to the bill. Before I get into my remarks, I want from all over this country got together So much of what is broken in our to personally thank Senator BAUCUS, and, frankly, with the leadership of present health care system revolves Senator DODD, the majority leader, and Senator WARNER from Virginia, put to- around basic inefficiencies that drive their staffs, for working with the 11 gether a package which I think is a up costs, while simultaneously driving freshmen Members who have come to- very constructive package for the down quality. That is right. Costs go gether today to unveil a package of Health Care Reform Act we have to up, quality goes down. That is not the health care amendments focused on the pass. way we want to have it. We want costs issue of cost containment. I appreciate the opportunity to join to go down and quality to go up. We have been working on this now with the other freshmen, including the Even worse, inefficiencies in the sys- for close to 3 months. Acting President pro tempore, to dis- tem often give way to the waste, fraud, Let me say at the outset, I am proud cuss the unique opportunity we have to and abuse that drains somewhere be- of the enormous broad-based support finally enact meaningful health care tween $72 and $220 billion annually we are receiving for this package of from doctors, patients, private insur- reform. amendments. The Business Roundtable Make no mistake, we need health ers, and the State and Federal Govern- has endorsed the amendments. Compa- care reform now. When you look out ments. This is significantly increasing nies such as Walmart, Intel, Target and there and you see everything from ris- health care costs for Americans. These Quad/Graphics endorse this package. are inefficiencies that can and will be ing premiums to insurers denying cov- Groups such as the AARP and the AFL, curbed. erage for people with preexisting condi- and important think tanks such as the By seeking creative ways to encour- New America Foundation have en- tions, the health care system is failing age innovation and lower costs even dorsed this package. We also have sup- individual Americans. There is no further—and more quickly—for Ameri- port from Mark McClellan, who was doubt about that. cans across the country, this amend- Not only is it doing that, it is threat- the head of CMS under President Bush. ment complements the underlying While the merged bill starts to move us ening the fiscal solvency of our coun- health care bill. try. Medicare and Medicaid are swal- It adopts the full spectrum of 21st- in the right direction in addressing lowing up more and more of our Fed- century technologies and innovative health care spending in this country, eral spending. If we do not act soon, it methods of delivery to further cut this package strengthens that move- will become the largest contributor to through the redtape that continues to ment. Our package further moves us the deficit. plague our system and stifle innova- away from a current system that The time for reform is now. We can- tion. It provides commonsense, prac- makes no financial sense—one that re- not wait any longer. As the Senator tical solutions that help contain costs, wards volume over quality and one from Connecticut said, this is not improve value, and increase quality. It that reimburses hospitals for higher, something that just came out of no- increases penalties for health care rather than lower, readmission rates. where. It has been there for a long fraud and enhances enforcement We are taking the payment reform time. But we cannot let any more time against medical crooks and utilizes the aspects of the health care bill—sections go by. We have to act now. most sophisticated technology to bet- that increase accountability, and focus Thanks to the hard work of Senators ter detect and deter fraud in the health on data mining and administrative REID, BAUCUS, DODD, and HARKIN and care system. simplification—and accelerating them. their staffs, we have a bill before us It quickens the implementation of We are giving the Secretary, as we that can finally reform our health care uniform administrative standards, al- move forward, the ability to take pilot system. It is a good bill. It is a bill that lowing for more efficient exchange of programs and broaden their approach truly protects what works in our sys- information among patients, doctors, and appeal. And if it works, we’ll bring tem and, at the same time, fixes what and insurers. It provides more flexi- that reform to our whole system. is broken. bility in establishing accountable care While we anticipate a very good score No longer will Americans be denied organizations that realign financial in- from CBO in terms of lowering health coverage on the basis of preexisting centives and help ensure Americans re- care costs overall, another thing we fo- conditions. No longer will their cov- ceive high-quality care. It provides cused on with this package is not just erage be revoked when they get sick greater incentives to insurers in the health care reform in the context of and need it the most. This bill will help exchange to reduce health care dispari- government-related programs, such as protect seniors by offering new preven- ties along racial lines. Medicare and Medicaid, but also how tive and wellness benefits. These are just a few examples of the we partner with those in the private It will extend the solvency of the provisions in the amendment that I be- sector. Medicare trust fund by an additional 5 lieve will mesh well with the Patient One of the reasons the Business years. It will also help our economy by Protection and Affordable Care Act. As Roundtable is so supportive is the fact significantly cutting health care costs I have said before, it is time to gather that our package recognizes that well and reducing the Nation’s deficit by our collective will and do the right over half of the American public still $130 billion. thing during this historic opportunity receives their health care through pri- You hear a lot of numbers. You see a by passing health care reform now. I vate insurance or in conjunction with lot of numbers. You read about it in think this amendment can help us their employers. With these amend- the newspaper. Especially, you hear reach that goal. We cannot afford to ments, we look at how we take the best about it on the other side of the aisle. wait any longer. We need to act now. of the private sector, and the lessons This will cut the deficit by $130 billion We can do no less. The American peo- we’ve learned from them, and bring for the first 10 years and maybe up to ple deserve no less. those into health care reform.

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.013 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12651 My friend, the Senator from Dela- there—but it will move us further down an eye. We can’t hope to compete in ware, has raised this point. There are the field. I say this modestly, again, to this global economy if we are devoting still issues to be resolved in this bill. the originators of the bill—it is a very a fifth of our economy to health care I still have some concerns, particu- good bill, a very good framework. But and everyone else in the world is devot- larly with the public option portion. humbly I might say, as some know, I ing less than half that. Finally, as the But I know that with a good-faith ef- was lucky enough in the old days to Senator from Virginia also said, if you fort, we are going to get those issues fall into the cell phone industry. I have any concern about these deficits resolved. managed to eke out a small living in we are facing in Washington becoming One thing that needs to be re- that industry. I like to think about the completely untenable, what you need affirmed, time and time again, is what cell phone industry as a metaphor for to know is, the biggest driver of those happens if we don’t enact health care this package of amendments. If we is rising Medicare and Medicaid costs reform. Not acting is a policy choice; it think of the original bill as creating and the biggest driver of those is, of is every bit as much of a policy choice the cell phone of the 20th century, our course, health care costs. as moving forward on this bill. What package of amendments is basically So my view has been, from the start, many don’t realize is that the largest the iPhone version to your Motorola no matter what your entry point was driver of our Federal deficit is not edu- flip phone original version. We literally into this debate, cost was the central cation funding, transportation funding, provide dozens of new applications on a question for our working families and and not even TARP funds or the stim- good, basic framework that has been for our small businesses. We have ulus. The largest driver of our Federal provided by this merged bill. And we stressed the need over and over for deficit is health care spending. take these applications a little bit fur- health care reform to contain the ris- If we fail to act now, Medicare, which ther into the 21st century. ing costs that are plaguing our current provides health care to millions of sen- I am very proud of the work all these system. That is why I think the Senate ior citizens, will go bankrupt in the freshmen Senators and their staffs needs to adopt the freshman amend- next 8 years. If we fail to act now, an have done over the last 3 or 4 months. ment package, which would cut costs, average Virginia family will see their Again, I thank the chairman of the Fi- save taxpayers money, and in this bill health care costs eat up 40 percent of nance Committee, the chairman of the it can make our health care system their disposable income in the next HELP Committee, the majority leader function more efficiently. decade. and their staffs for helping us work This package of amendments will One of the reasons we are seeing so through this package, and I look for- help strengthen the reform proposal’s much broad-based business support for ward to its adoption. ability to deliver affordable, quality our amendment package is business un- With that, I yield the floor, and I be- health care to all Americans, whether derstands that if we can’t drive down lieve the junior Senator from Colorado they are in private plans or whether overall health care costs, the ability of will speak next. they are in public plans. These provi- the United States to come out of this The ACTING PRESIDENT pro tem- sions will remove much of the redtape recession and remain competitive in a pore. The Senator from Colorado is rec- that, for so long, has slowed the deliv- global marketplace will be seriously ognized. ery of care. Doctors from all over Colo- undermined. As long as American busi- Mr. BENNET. Mr. President, I wish rado have told me, time and time ness has to pay twice as much per per- to thank our colleague from Virginia, again, their medical practices are son—as much as $3,000 to $4,000 more Senator WARNER, for his extraordinary mired in paperwork and their staffs per employee—for their health care leadership throughout this process of spend far too much time and money costs than any of our industrial com- the freshmen coming together to see jumping through administrative hoop petitors around the world, regardless of what we can do to move this legisla- after hoop. The time our doctors and how productive the American work- tion forward to improve it. I think a nurses spend on unnecessary paper- force is, American businesses will be at lot has been said about how the bill work is time they can’t spend becom- a serious disadvantage. that was drafted by the HELP Com- ing better professionals and, most im- Our amendment package is complex. mittee, by the Finance Committee, and portantly, providing quality care to It is a bit dense. There are some 30-odd now by the majority leader is direc- their patients. This amendment will re- different provisions that take very tionally correct in its efforts to get a quire the Secretary of Health and good parts of the merged bill and move handle on these skyrocketing costs. I Human Services to adopt and regularly them faster. It increases price trans- think this amendment package will update a single national standard for parency in health care pricing, and in- move us much further in the right di- some of the most basic electronic creases our ability to take programs rection of trying to hold down costs for transactions that occur between insur- and pilots that work and roll them out our working families and small busi- ers and providers, and meeting these on a wider basis. My good friend, the nesses across the country. standards will be enforceable by pen- Senator from Colorado, has been work- Throughout this entire debate and alties if insurance providers don’t take ing hard on the administrative reform going back to the very beginning, what steps to comply. My provision will portion. I have said is, no matter where you are make sure that as we implement This is a good package of amend- on many of the issues, there can’t be health care reform, we are consistently ments. I was asked yesterday by some- any disagreement that the current sys- identifying and implementing new body in the press how I would describe tem, with respect to costs, is com- standards. the package. I guess I would sum it pletely insane. Our families in Colo- There are also terrible inefficiencies up—because some of this stuff gets rado faced double-digit cost increases in the way we pay health care pro- fairly dense—with two things that this every year over the last decade. Their viders and allow them to deliver care package of amendments is trying to do. median family income has actually to patients. This package helps elimi- I think we all remember, years back, gone down by $300, and the cost of nate bottlenecks so patients are cared in the travel industry, when you called health care has gone up by 97 percent for in a reasonable amount of time. up and tried to get an airline reserva- over that period of time. Our small This package of amendments also ex- tion and depending on whom you called businesses are paying 18 percent more pands the Senate bills reforms being and what time you called, you might for health insurance than large busi- made to Medicare and Medicaid. There get a totally different price on your nesses just because they are small. As is a provision that will allow account- airline ticket. Well, this package of the Senator from Virginia was men- able care organizations to work with amendments is trying to do for health tioning, we are spending, as a country, private insurance companies to better care what Travelocity did for the air- more than twice what almost any craft strategies for Medicare and Med- line business. And that is bring some other industrialized country in the icaid and private sector plans to im- true pricing transparency to the health world is spending as a percentage of prove care. In the current system, doc- care system. our gross domestic product on health tors are forced into requesting a mul- Our package of amendments will care. We are spending roughly 18 per- titude of tests to confirm a diagnosis move us—it will not get us all the way cent, going to 20 percent in the blink of they have already made. This creates

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.014 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12652 CONGRESSIONAL RECORD — SENATE December 8, 2009 unnecessary work for doctors, their ad- cial regulations and our financial sys- amendment rewards providers of Medi- ministrative staffs, lab technicians, tems so the American people will un- care who give high-quality care rather and so on. It is time we create a system derstand we are one country, with one than high-volume procedures. We will that empowers doctors to practice important financial system and not also allow Medicare to test promising medicine and do their jobs efficiently. somehow second tier, unrelated and new models to reduce costs, increase Under the current broken system, unconnected to the decisions made on quality, and improve patient health. doctors have to endure needless hurdles Wall Street and elsewhere. When Sen- We must make these changes for the to even set up a practice. It is no won- ator Kennedy of Massachusetts was sake of our patients and for the sake of der the number of primary care doctors stricken, Senator DODD of Connecticut our economy. has been steadily declining for some stepped forward, not only because Sen- In short, our amendments strengthen time now. ator Kennedy was his very close friend the reforms of the Patient Protection This package of amendments would but because the Senator from Con- and Affordable Care Act. I urge all my create an environment that attracts necticut understood the enormity of colleagues to support these amend- doctors back to the field rather than the challenge and important effort that ments and take these important steps make it more difficult for them to pro- is being made in the Senate. I wish to with us to bring America’s health care vide care. Along with the savings this salute him for sharing his wisdom and system into the 21st century. bill already creates, these amendments his strength and his leadership, not I thank the leadership once again, will help doctors remove the redtape only in the areas of financial reform and I thank the Senator from Virginia that has limited their ability to help but in this important area as well. and my other freshman colleagues for patients in a timely manner. As I said, this is nothing less than a their good work on this historic health We cannot go on allowing the middle bill of rights for the American people care bill of rights. class to absorb the rising costs of our on the issues of health care. With this I yield the floor. Nation’s health care system. We need legislation, all Americans, finally, will The ACTING PRESIDENT pro tem- health care reform that will control be guaranteed access to the affordable pore. The Senator from Colorado is rec- costs and put us back on a path toward health care coverage they deserve. ognized. fiscal responsibility. This package of Families who need a helping hand to Mr. UDALL of Colorado. Mr. Presi- amendments will help us do that. care for an aging relative will be pro- dent, my freshman colleagues and I I wish to, again, say thank you to my tected. Insurance companies will be have come to the floor on a regular colleagues from the freshman class for prohibited from arbitrarily refusing basis over the last few months to make their work. This sometimes has seemed coverage and from stopping benefits clear to both sides of the aisle just how tedious and sometimes hard to de- when they are needed the most. Doc- critical it is that we succeed in reform- scribe, but these amendments are very tors will be given the support they ing our health care insurance system. critical if we are going to get hold of need to practice the best medicine pos- Right now, too many Americans lack costs as we go forward. That is the re- sible. That is why they took their oath. the freedom to move to a new job, fur- lief working families in this country With the help of the measures in this ther their education, or start a small need more than anything. In order to total legislation and some of the par- business because doing so can put them have stability in their lives, we have to ticular reforms suggested by our fresh- at risk of losing health care coverage get hold of our rising health care costs. man colleagues, that best medicine for their family. If you think about it, With that, I yield the floor. will be practiced. The American econ- freedom is, after all, about choices. The ACTING PRESIDENT pro tem- omy will be protected from the sky- What motivates me—and I know it mo- pore. The Senator from Massachusetts rocketing costs of health care, with tivates my freshman colleagues—is the is recognized. which every American family is now desire to preserve and enhance the free- Mr. KIRK. Thank you, Mr. President. inflicted. dom of all Americans. With great joy and enthusiasm, I can Over the past month, I have had the This legislation we have been debat- say that today we are closer than ever privilege of working with my fellow ing and amending over the past 2 weeks to guaranteeing that all Americans, at freshman colleagues on a series of can and should be a vehicle that we use long last, will have full access to qual- amendments that we are discussing to enhance freedom for all of our Amer- ity, affordable health care. The Patient this morning to make this health care ican citizens. We are going to repair Protection and Affordable Care Act, bill of rights even stronger. These and modernize a broken health care which our colleague and fellow fresh- amendments plant the seed for an inno- system. If we fail to do so, we perpet- man Senator JEFF MERKLEY of Oregon vative 21st-century health care system uate an antiquated status quo that suggests, as Senator Kennedy of Massa- that offers what American families stalls economic growth, stifle the en- chusetts would have subscribed to, that want most: better results for lower trepreneurs who make up the American this is the health care bill of rights. It costs. It is as simple as that. These business landscape, and keep stability will help fix a health care system that amendments focus on the root causes and security out of reach for millions is failing to meet the needs of the of our skyrocketing health care costs of American families. American people. I am extremely proud to provide Medicare the support it The package of amendments we to join with Majority Leader REID, needs to become a leader in moving present today is designed to inject with Senator BAUCUS, with my good away from the reimbursement models more cost containment into the bill, friend, Senator DODD of Connecticut, that increase costs without improving cut down on regulatory and bureau- and with my fellow freshman Senators. care. cratic redtape, and push us more ag- I wish to single out, if I may, the Sen- Public-private arrangements will be gressively toward a reformed health ator from Virginia, MARK WARNER, one established to smooth reform and pre- care system that rewards better pa- of the more enlightened business lead- vent private insurance from shifting tient care rather than simply more ers of our time, who brought his wis- costs onto public plans. The redtape, care. dom and innovation and skills and with which we are all familiar, which In developing these ideas, my fellow practices of the private sector to help weighs down the current health care freshmen and I have relied upon the improve the important challenge we system in both the public and private input of people back home. And have in the public sector. I thank the sectors will be reduced. All of this will through my discussions with constitu- Senator for his leadership on this ef- contribute to lower costs and higher ents, health care providers, and busi- fort, in contributing to legislation that quality in our health care system. nesses from all over Colorado, a com- will mark a historic stride forward for One focus that is particularly of in- mon theme has emerged: They want a the American people. terest and important to me is the de- health care system that tackles costs, I wish to say a word as well, a par- livery system reform. We must move while keeping the focus on patients and ticular word, about the chairman of toward a system of paying hospitals quality. I believe we have accomplished the Finance Committee who has enor- and doctors for the quality of care they that with our freshman proposal be- mous responsibilities in the Senate provide rather than the quantity of cause more than 30 groups have come chairing the effort to reform our finan- tests and procedures they perform. Our out in the past few days in support of

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.003 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12653 our efforts. This is a wide-ranging concrete. We have talked about the im- out my assistants, Alison MacDonald number of groups, including consumer portance of reforming the way we de- and Dr. Manny Jimenez, for the work champions such as AARP, business liver care, about how we need to slow they have done on this package. It is a leaders such as the Business Round- down the skyrocketing costs of health great effort, and I am pleased to be table, and health providers such as care, while improving quality, and here with my fellow freshmen. Denver Health in my home State. about the need to provide incentives to I urge all of our colleagues to join us My freshman colleagues have spoken make the changes happen. Today, we in support of this effort. about individual pieces of this effort deliver on that talk. Our proposals are The ACTING PRESIDENT pro tem- that combine to make the whole. I will about containing costs, about looking pore. The Senator from North Carolina single out a section that I think will into the future, thinking about our de- is recognized. have a particularly strong influence on livery system, and finding ways to Mrs. HAGAN. Mr. President, I rise in the future of our health care system. make small but very important support of the freshman value and in- Senator ROCKEFELLER has authored changes that will make a difference. novation package, which builds on ef- an important provision that creates Throughout this debate, I have been forts to provide quality, affordable the independent Medicare advisory talking about the importance of in- health care at a lower cost to families. board. This board would be tasked with creasing the quality of care while re- I, too, applaud our colleague, Senator keeping down the costs in the Medicare ducing the cost. This amendment pack- MARK WARNER, for helping to initiate system by issuing proposals to cut age does just that. this package. spending and increase the quality of This amendment package matters. It I wish to take a moment to talk care for beneficiaries. matters to all the health care con- about two provisions in the package I applaud this contribution to the sumers who are interested in reducing that I included: curbing fraud and bill, but I have wondered why we can- costs and increasing the value in our abuse with 21st-century technology and medication therapy management. not take it a step further by looking at health care system. It especially mat- Today, Medicare spends about $430 the whole health care system and not ters to business. The high cost of billion annually; Medicaid, approxi- just Medicare in isolation. If we are health care and insurance coverage going to tackle spiraling health costs mately $340 billion; the States Chil- eats away at the bottom line for busi- dren’s Health Insurance Program, an across the country, we need to push nesses. If we can reduce waste and inef- each area of our health care system to additional $5 billion, for a total of $775 ficiency, attack fraud, and simplify our billion. be smarter and more efficient in deal- system, we can reduce costs. The inno- ing with cost growth. In Medicare alone, annual waste vations in this package attract busi- One of my contributions to the pack- amounts to between $23 billion and $78 ness because business understands that age is a provision to expand the scope billion. Yet, despite these sky-high of the Medicare advisory board to ex- we need to take steps in our public and numbers, investigations are pursued amine not just Medicare but the entire private health care systems to lower only after payment has been made, health care system and task the board costs and deliver value. which means government fraud inves- I am proud that, with this amend- with finding ways to slow down the tigators have to recover funds that ment, we are able to promote the good growth of health costs across the coun- have already been paid. As a result, it try. This would include providing rec- work of Elliot Fisher and his col- is estimated that only about 10 percent ommendations on the steps the private leagues at the Dartmouth Institute for of possible fraud is ever detected, and sector should take to make our deliv- Health Policy and Clinical Practice of that amount only about 3 percent is ery system more efficient. Health care and to recognize the work they have ever actually recovered. This means leaders and economists agree that such done on accountable care organiza- the government recovers, at best, an approach can help push our system tions. about $130 million in Medicare waste, toward a more streamlined and coordi- Accountable care organizations are fraud, and abuse. Again, when esti- nated way of delivering health care to about coordinating care among pro- mates are between $23 billion and $78 all Americans. viders—hospitals, primary care physi- billion, we are only recovering $130 In sum, I thank the Senator from cians, specialists, and other medical million. Virginia for his leadership, the Senator professionals. These accountable care ‘‘Doctor shopping’’ is an example from Oregon, Mr. MERKLEY, and Sen- organizations make decisions with pa- that was profiled in a recent USA ator SHAHEEN from New Hampshire. It tients. I think that is the operative TODAY news article and GAO report. has been a delight to work with 11 of phrase. They make decisions ‘‘with’’ This involves a patient receiving mul- my fellow Senators. This is a bold con- patients about what steps they can tiple prescriptions from numerous doc- tribution to the package that I know take together to improve care. When tors in a short period of time, without we will pass out of the Senate. We these efforts result in cost and quality getting caught. Each of the claims gets come from varying parts of the country improvements, providers and con- paid by Medicare, Medicaid, or even and have varied political outlooks and sumers can share in the savings. This private health insurers. backgrounds. This will attract broad is the essence of true reform. We must The current technology exists to as- support in our Chamber. It is a winning demand performance, quality, and sess in real time if a claim warrants addition to health care reform, and I value from our health care system. further investigation, and this tech- encourage all Senators to support our This package makes great strides. nology will prevent fraudulent claims efforts. I will close by thanking all of my fel- from being paid on the front end. A I yield the floor. low freshmen. I am so proud to be part software company in Cary, NC, SAS, The ACTING PRESIDENT pro tem- of this freshman class and all of the has developed this technology. pore. The Senator from New Hampshire great work they have done. This amendment will require the De- is recognized. I especially wish to recognize Sen- partment of Health and Human Serv- Mrs. SHAHEEN. Mr. President, I am ator WARNER, who has really been the ices to put into place systems that will so pleased this morning to join my driving force behind this health care detect patterns of fraud and abuse be- freshman colleagues in introducing our package. I am not sure I agree with his fore any money leaves our Federal cof- innovation and value package. cell phone analysis, but I certainly fers. For the last several months, the agree with the leadership he has shown Another source of waste in the sys- freshmen in the Senate have been com- on this package. tem is people not sticking to their ing to the floor to help make the case Also, I recognize our senior col- medication regimen. As much as one- for health care reform, to tell our col- leagues, Senators DODD, BAUCUS, REID, half of all patients in our country do leagues and the public about what we and HARKIN, for the leadership they not follow their doctors’ orders regard- have heard from our constituents, and have shown in getting us to this point. ing their medications. The New Eng- to come together as one voice in sup- Finally, I recognize all of the staff of land Health Care Institute estimates port of reform. all of us freshman Senators, many of that the overall cost of people not fol- Today, we back up that rhetoric with whom are here today, who have worked lowing directions is as much as $290 bil- action. Today, we propose something so hard to get us to this point. I single lion per year.

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.005 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12654 CONGRESSIONAL RECORD — SENATE December 8, 2009 This waste can be eliminated with costs as part of a deal that also provides the need for comprehensive health care medication therapy management. That Americans with the security of guaranteed reform. I am pleased to join them is a program where seniors bring all of health care. today as we discuss our cost contain- their prescriptions, in a little brown With these amendments, we take ad- ment package. bag, and their over-the-counter medi- ditional steps to transform our deliv- This set of provisions will help pro- cations and their vitamins and supple- ery system, to contain costs, and to mote accountability, increase effi- ments to the pharmacy to be thor- curb abuses and excess spending. With ciency, and reduce disparities in our oughly reviewed in a one-on-one ses- these amendments, we encourage a health care system. Our amendment sion. The pharmacist follows up and faster transition to a 21st-century sys- will reinforce and improve the prin- educates the patient about his or her tem that is more efficient, costs less, ciples of high-value, low-cost care that medication regimen. and holds providers and insurers ac- is central to the Patient Protection North Carolina has some successful countable. and Affordable Care Act. medication therapy management pro- I am proud to sign on to all of the Our amendment will strengthen grams already in place. amendments in this package. But there Medicare’s ability to act as a payment In 2007, the North Carolina Health is one proposal that is particularly im- innovator, paying for value and not for and Wellness Trust Fund Commission portant to the people of New Mexico. In volume. In speeding this process, our launched an innovative statewide pro- my State, 30 of 33 counties are classi- amendment gives Medicare more of the gram called Checkmeds NC to provide fied as medically underserved. Resi- resources it needs to gather data, ex- medication therapy management serv- dents of these highly rural counties are pand programs that work, and reach ices to our seniors. During the pro- more likely to be uninsured. They are the neediest patients. gram’s first year, more than 15,000 sen- more likely to have higher rates of dis- We also work to strengthen waste, iors and 285 pharmacists participated. ease. And because of a shortage in fraud, and abuse provisions in the Pa- Just this small program saved an esti- health care providers, they are often tient Protection and Affordable Care mated $10 million, and countless health forced to travel long distances for care. Act in order to make sure that the De- problems were avoided for our seniors. This amendment would help us take partment of Health and Human Serv- This amendment takes this success- the first steps toward alleviating the ices has the tools to not only punish of- ful North Carolina model and imple- growing shortage of primary care phy- fenders but to prevent fraud from hap- ments it nationally, permitting phar- sicians in New Mexico and across the pening in the first place. But this is not just about our public macies and other health care providers country. By 2025, there will be a short- programs. We also promote private- to spend considerable time and re- age of at least 35,000 primary care phy- public data sharing to get a better pic- sources evaluating a person’s drug rou- sicians in the United States. As this ture of our whole medical system. shortage grows, our rural areas will be tine and educating them on proper Our amendment further takes aim at hardest hit. usage. administrative costs, another barrier In this amendment, we call for expert I urge passage of this freshman often cited to getting the most effec- recommendations on how to encourage amendment package which will further tive care, by encouraging public-pri- providers to choose primary care and reduce health care costs for American vate collaboration to create uniform families. Thank you. to establish their practices in medi- standards and reduce the mountain of Mr. UDALL of New Mexico. Madam cally underserved areas. These experts paperwork that takes doctors’ time President, I seek recognition. would analyze things such as com- away from their patients. The PRESIDING OFFICER (Mrs. pensation and work environment. They Finally, we put pressure on private GILLIBRAND). The Senator from New would recommend ways to increase in- insurers to change the way they pay. Mexico. terest in primary care as a career. By encouraging insurers to reward pro- Mr. UDALL of New Mexico. Madam We are closer than ever to providing grams that reduce disparities, pro- President, this package today is a re- all Americans with access to quality, viders will increasingly focus attention sult of collaboration that began affordable health care. I am proud to be on populations that need it most. months ago when the Senate’s fresh- a part of a group of freshmen who By proactively targeting these needy man class united as advocates for com- refuse to sit on the back bench and folks through cultural competency prehensive health reform, when we watch this reform develop from the training, language services, and com- united in the belief that the status quo sidelines. I am proud to be part of a munity outreach, our amendment will is not an option. group that from the beginning refused increase wellness and reduce the use of The health care status quo does not to accept the status quo as an option. costly emergency room care. work for Americans and it does not I thank the staff of all these fine Sen- My colleagues and I are supported by work for America either. If we fail to ators and thank personally my staff top business groups, consumer groups, act, every person, every institution, members, Fern Goodheart and Ben and providers because they all know we every small business in this country Nathanson. have to transform the way care is de- will pay the price. I look forward to continuing the livered in this country. Businesses Achieving true reform means making work with this outstanding group as we know that without the reduced cost of insurance available and affordable to debate a bill that will improve our care and promoting transparency, the all Americans. It also means reining in health care system for generations to cost of premiums continues to rise, out-of-control spending. For some, come. putting a stranglehold on wage in- those two goals seem diametrically op- Madam President, I yield the floor. creases and making them less competi- posed. They ask: How can you contain The PRESIDING OFFICER. The Sen- tive. costs when you are expanding access to ator from Illinois. Consumer groups want to ensure the millions of additional people? Mr. BURRIS. Madam President, it is patients get more value for their dol- One of our country’s great economic also my pleasure to stand with my col- lar, that they do not just get more care thinkers, Paul Krugman, recently chal- leagues and be a part of this health re- but they get the type of coordinated, lenged this hypothesis. First, he said a form package, to give recognition to effective care that will keep them majority of Americans uninsured are those distinguished senior Senators healthy and out of the emergency young and healthy. Covering them who have put so much heart into draft- rooms. Those providers who focus on would not increase costs very much. ing this important legislation, to our targeted care to get the best patient Second, he noted that this reform links Leader REID and to Senator BAUCUS, outcome want to be rewarded for doing coverage expansion to ‘‘serious cost- Senator DODD, and all the individuals. so. control measures.’’ It is a pleasure for me to be a part of The evidence could not be clearer, These goals are two sides of the same this freshman colloquy on this major the conclusions could not be more deci- coin. Without one, we cannot have the package. sive that the Patient Protection and other. As Mr. Krugman said: Over the past several months, my Affordable Care Act, coupled with our The path to cost control runs through uni- freshman colleagues and I have taken amendment, will lower costs for ordi- versality. We can only tackle out-of-control the floor many times to speak about nary Americans.

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.006 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12655 I call upon my colleagues to take an chased through an employer at the eloquence and passion about this issue. honest look at what we are doing, and start of this decade cost about $6,700, I think all of us, regardless of which I defy them to say that health care re- almost 14 percent of the family income. side of the aisle we are on, owe them form will not reduce costs and improve Last year, the same premium cost all a great deal of gratitude for putting the functioning of our health care sys- $13,000—21 percent of the family in- together a very fine package. tem. come. I particularly thank Senator MARK The debate over health care reform If we do nothing, if we do not reform WARNER, our colleague from Virginia, cannot be scoring political points. It the system and do not contain costs, who has led this effort, but obviously must be about the health and well- this country will be in big trouble. By so much of this has happened because being of the American people. All of 2016, the same family health insurance of the cooperation and ideas that each our great work will bear fruit, and we will cost more than $24,000. Because Member who has spoken here this will reform our Nation’s health system health costs are skyrocketing com- morning has brought to this particular because there is no other option. Our pared to wages, that $24,000 will rep- cluster of ideas on cost containment. citizens demand it, and they deserve no resent 45 percent of the family budget. All Americans owe them a deep debt of less. Enough is enough. The package we are gratitude and can feel pretty good I thank our distinguished colleagues. offering today will help. about the future of our country with I am happy to be a part of this fresh- I want to focus briefly on a small but this fine group of Americans leading it. man colloquy in presenting such an im- significant piece of this package that The PRESIDING OFFICER. The mi- portant issue at this time in history in addresses rural health care. It will help nority now has 60 minutes. this great country of ours. hospitals in several States, including Mr. BAUCUS. Madam President, may I yield the floor. Alaska, my home State, by extending I ask unanimous consent to speak for a The PRESIDING OFFICER. The Sen- the Rural Community Hospital Dem- couple of minutes to comment on the ator from Alaska. onstration Program. We are building freshman package? It will just take a Mr. BEGICH. Madam President, I on known success. The program is few minutes. seek the floor to talk about this pack- small. Even with this amendment, the The PRESIDING OFFICER. Without age of cost containment offered by the number of eligible hospitals nationwide objection, it is so ordered. freshmen. I am proud to join them in will expand from 15 to 30, and 20 rural Mr. BAUCUS. Madam President, I offering this amendment today. States will be eligible to participate in- join my good friend from Connecticut The technical work in this package is stead of the current 10. in thanking—I don’t know if calling complex and complicated, but the Part of what we are saying in this them freshmen would be wise, because themes it addresses are simple and package is this: If something is work- our colleagues act as though they have straightforward, which I know our col- ing to provide better health care access been here for years and know the sub- leagues on the other side will appre- and value, for goodness sake, let’s keep ject extremely well. ciate and we hope support—value, inno- it going and do what we can to improve Delivery system reform has always vation, quality, transparency, and cost on it. been something I have been pushing containment. My thanks go to Senator BEN NELSON for, and I am happy to see it is part of The full legislation now under debate who has been a champion of this pro- your package, and also with additional in the Senate makes wonderful strides gram and is also pushing for the exten- emphasis on rural areas and Indian res- in fixing what is broken in America’s sion. ervations. We clearly need more of current health care system. Under the As I conclude, I wish to stress once that, and more transparency. I firmly leadership of Senators BAUCUS, DODD, again how proud I am to stand with my believe that will help us get costs down HARKIN, and our Majority Leader REID, freshman colleagues. The cost contain- and get quality of care up. Your work the committees have done incredible ment package we are proposing today on the independent Medicare advisory work. will help all Americans, and I hope it board is great too. What the freshmen are saying today will move the Senate that much closer To be honest, these are all the next is we believe our package can help. We to a historic vote on the landmark leg- steps in ideas that are pretty much in can go further. We can do better. Our islation that is before us today. the bill, but they are the proper next goal is a health care system that is I yield the floor. steps, and the next steps I firmly be- more efficient and more affordable. The PRESIDING OFFICER. The Sen- lieve should be taken. So I compliment In a few moments, I will stand to- ator from Virginia. you and thank you very much, and I gether at a news conference with all Mr. WARNER. Madam President, I thank my friend from Arizona for al- my freshman colleagues to formally know our time is about to expire. I lowing me this time. announce this package. What I most wish to close by thanking all my fresh- The PRESIDING OFFICER. The Sen- appreciate is that we will do so with man colleagues and their staffs for the ator from Arizona. the support of consumer and business great work they have done on this leg- Mr. MCCAIN. Madam President, I groups. islation. wish also to add my words of congratu- While the language of this amend- I see a number of my colleagues from lations to the new Members for their ment promotes efficiency and encour- the other side of the aisle. This is an eloquence, their passion, and their ages innovation within the health de- amendment package that brings great- well-informed arguments, although livery system, what it is about is help- er transparency, greater account- they are badly misguided. But I do con- ing individual Americans and busi- ability, greater efficiency, and greater gratulate them for bringing forth their nesses get a better deal on health care. innovation, and is supported by the ideas and taking part in this spirited I am proud of that, especially when we Business Roundtable, small businesses debate. We welcome it, and I hope that know that cost containment is the No. and health care systems around the someday we will be able to agree on 1 priority of small business owners in country. I ask for their consideration. both sides for us to engage in real col- this health reform debate. I again thank the Chair, Senator loquy between us, back and forth. I Insurance premiums alone in the last DODD, for allowing us to lay out this think the American people and all 10 years for small businesses have risen package of amendments. I think it will Members would be well informed. 113 percent. It was reported in the add an important component to this Madam President, I ask unanimous media that small businesses in this bill in trying to rein in costs not just consent for the next 30 minutes to en- country face another 15-percent in- on the government side but system- gage in a colloquy with my colleagues. crease in the health premiums in the wide. The PRESIDING OFFICER. Without coming year. I yield the floor. objection, it is so ordered. What about families, our friends, and Mr. DODD. Madam President, quick- Mr. MCCAIN. Madam President, I our neighbors? Health insurance pre- ly, because I know my colleagues are talk a lot about C–SPAN. I am a great miums are eating up ever growing here on the other side, I want to com- admirer of C–SPAN. And the Presi- chunks of the family budget. Nation- mend 10 of the 11 new freshmen who are dent—at least when he was running for wide, family health insurance pur- here and who have spoken with great the presidency—believed in C–SPAN as

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.007 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12656 CONGRESSIONAL RECORD — SENATE December 8, 2009 well, because he said C–SPAN would be nesseans. We have 243,000 Tennesseans Is there any Member on the other in on the negotiations. Here is what who have opted for Medicare Advan- side who can guarantee that seniors in was posted by a reporter from Politico tage. About one-fourth of all Ameri- his or her State in Medicare Advantage last night at 5:48 p.m., entitled ‘‘No C– cans who are on Medicare have chosen will not lose a single benefit they have SPAN Here.’’ Medicare Advantage because it pro- today—not the guaranteed benefit the Right now a group of moderate Senators is vides the option for increased dental other side goes to great pains to talk meeting behind closed doors to try to hash care, for vision care, for hearing cov- about. I think those who are enrolled out a compromise on the public option. Re- erage, for reduced hospital deductibles, in the Medicare Advantage system be- porters, waiting for the meeting to break, and many benefits. It is helpful to low- lieve that since they receive those ben- were just moved out of the corridor nearest income and minority Americans, and it efits, they are guaranteed benefits as the meeting and shunted around the corner, making it harder for the press to catch Sen- is especially helpful to people in rural well. ators as they leave. C–SPAN this is not. areas. I would ask our two physicians here What the Republicans have been ar- on the floor, who both have had the op- I would remind my colleagues that guing all week is that, contrary to portunity to deal directly with the the amendment we are discussing here what our friends on the other side are Medicare Advantage Program, if you is drafted to prevent drastic Medicare saying, this bill cuts those Medicare have a patient come in and you say: By Advantage cuts from impacting all sen- Advantage benefits. The Director of the way, you are having your Medicare iors in Medicare Advantage. The the Congressional Budget Office says Advantage Program cut, but don’t amendment says simply: Let’s give that fully half—fully half—of the bene- worry, we are protecting your guaran- seniors who are members of Medicare, fits in Medicare Advantage for these 11 teed Medicare benefits, do you think who have enrolled in Medicare Advan- million Americans will be cut. Our they understand that language? tage, the same deal that Senator NEL- Democratic friends say: No, that is not Mr. COBURN. I would respond to the SON was able to get for the State of true. That is not true. We are going to Senator from Arizona in the following Florida—at least most of the seniors cut $1 trillion out of Medicare over a way. First of all, they won’t under- who enrolled in the Medicare Advan- fully implemented 10-year period of stand that language. But more impor- tage Program. There are 11 million this bill, but nobody will be affected by tantly, if you look at the law, there is American seniors who are enrolled in it. Medicare Part A, Medicare Part B, the Medicare Advantage Program. This Well, the Senator from Florida ap- Medicare Part C, and Medicare Part D. amendment would allow all 11 million parently doesn’t believe that. He says: They are all law. They are all law. to have the same benefits and there We have 900,000 Floridians who don’t What is guaranteed under the law would be no carve-out for various want their Medicare Advantage cut. today is that if you want Medicare Ad- groups of seniors because of the influ- And he is saying, in effect, we don’t vantage, you can have it. What is going ence of a Member of this body. trust this Democratic bill to protect to change is that we are going to take I want to quote again the New York these seniors in Medicare Advantage. away that guarantee. We are going to Times, my favorite source of informa- So I ask the Senator from Texas: If modify Medicare Part C, which is Medi- tion, from an article entitled ‘‘Senator the people of Florida and the Senator care Advantage. Tries to Allay Fears on Health Over- from Florida don’t trust the Demo- So we have this confusing way of say- haul.’’ cratic bill to protect Medicare Advan- ing we are not taking away any of your . . . Mr. Nelson, a Democrat, has a big tage, why should 240,000 Tennesseans guaranteed benefits, but in fact, under problem. The bill taken up this week by the trust the Democratic bill to protect the current law today, Medicare Ad- committee would cut Medicare payments to insurance companies that care for more than Medicare Advantage? vantage is guaranteed to anybody who 10 million older Americans, including nearly Mr. CORNYN. I agree with the distin- wants to sign up for it. So it is one million in Florida. The program, known guished Senators from Tennessee and duplicitous to say we are not cutting as Medicare Advantage, is popular— Arizona, that what is good enough for your benefits, when in fact we are. And the article lists the benefits, and the seniors in Florida ought to be good Let me speak to my experience and then continues as follows: enough for all seniors. In my State of then I will yield to my colleague from Texas, we have 532,000 seniors on Medi- ‘‘It would be intolerable to ask senior citi- Wyoming, who is an orthopedic sur- zens to give up substantial health benefits care Advantage, and they like it, for geon. they are enjoying under Medicare,’’ said Mr. the reasons that the Senator from Ten- What is good about Medicare Advan- Nelson, who has been deluged with calls and nessee mentioned. They do not want us tage? We hear it is a money pot to pay complaints from constituents. ‘‘I am offering cutting those benefits. for a new program for other people. an amendment to shield seniors from those But I say to the Senators from Ari- Here is what is good about it. We get benefit cuts.’’ zona and Tennessee, I seem to recall coordinated care for poor Medicare He is offering an amendment to that we had amendments earlier which folks. Medicare Advantage coordinates shield senior citizens. Well, I am offer- would have protected everybody from the care. When you coordinate care, ing a motion that deals with all of the cuts in Medicare benefits, and now we what you do is you decrease the num- 11 million seniors who are under Medi- have a targeted effort, negotiated be- ber of tests, you prevent hospitaliza- care Advantage, as the Senator from hind closed doors, to protect States tions, you get better outcomes, and Florida said, to shield seniors from such as Florida and Pennsylvania and consequently you have healthier sen- benefit cuts. That is what this motion others, and I wonder whether the Nel- iors. is all about. We should not carve out son amendment to protect the seniors So when it is looked at, Medicare Ad- for some seniors what other seniors are of Florida would even be necessary if vantage doesn’t cost more. It actually not entitled to. That is not America. our colleagues across the aisle had saves Medicare money on an individual That is not the way we should treat all agreed with us that no Medicare bene- basis. Because if you forgo the inter- of our citizens, and I hope my col- fits should be cut. ests of a hospital, where you start in- leagues will understand this amend- Mr. MCCAIN. As the Senator points curring costs, what you have done is ment is proposed simply in the name of out, a few days ago, by a vote of 100 to saved the Medicare Trust Fund but you fairness. 1, we voted to pass an amendment pro- have also given better care. I ask the Senator from Tennessee and posed by the Senator from Colorado, The second point I wish to make is the Senator from Texas, who have a Senator BENNET, which included words that many people on Medicare Advan- large number of enrollees in the Medi- such as ‘‘protecting guaranteed Medi- tage cannot afford to buy Medicare care Advantage Program, whether they care benefits’’ or ‘‘protecting and im- supplemental policies. Ninety-four per- feel this would be unfair? proving guaranteed Medicare benefits.’’ cent of the people in this country who Mr. ALEXANDER. Well, I thank the The wording was: ‘‘Nothing in the pro- are on Medicare and not Medicare Ad- Senator from Arizona for his motion, visions of or amendments made by this vantage are buying a supplemental pol- and I thank the Senator from Florida act shall result in the reduction of icy. Why is that? Because the basic un- for his amendment, because Medicare guaranteed benefits under title XVIII derlying benefit package of Medicare is Advantage is very important to Ten- of the Social Security Act.’’ not adequate. So here we have this

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.009 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12657 group of people who are benefitted be- lected Senator from one State when we ator from Florida is saying: Floridians cause they have chosen a guaranteed want to have that same advantage; and don’t trust you. You are cutting their benefit of Medicare Part C, and all of a why are the Democrats voting to elimi- Medicare Advantage. I want to have an sudden we are saying: Time out. You nate all this Medicare money. amendment to protect them. Senator don’t get that anymore. Mr. CORNYN. May I ask my col- MCCAIN is saying: Let’s protect all sen- Mr. MCCAIN. So a preponderance of leagues a question—maybe starting iors’ Medicare Advantage. people who enroll in Medicare Advan- with the Senator from Arizona—on a Mr. MCCAIN. May I also point out, tage are low-income people, and a lot related issue. Medicare Advantage is a for the record, on September 20, 2003, of them are rural residents? private sector alternative or choice to there was a letter to the conferees of Mr. COBURN. A lot of them are Medicare, which is a government-run Medicare, urging them to include a rural. I don’t know the income levels, program. I am detecting throughout all meaningful increase in Medicare Ad- but I know there is a propensity for ac- of this bill sort of a bias against the vantage funding for fiscal years 2004– tually getting a savings, because you private sector and wanting to elimi- 2005—a group of 18 Senators, including don’t have to buy a supplemental pol- nate choices that aren’t government- Senators SCHUMER, LAUTENBERG, CLIN- icy if you are on Medicare Advantage. run plans. TON, WYDEN, et cetera, including Sen- Mr. BARRASSO. I would add to that, Am I reading too much into this or ator KERRY, who now obviously wants following on my colleague from Okla- do any of my colleagues see a similar to reduce the funding for Medicare Ad- homa, that there is the coordinated propensity in this bill? vantage. Again, perhaps he was for it care, which is one of the advantages of Mr. ALEXANDER. If I may respond before he was against it. Medicare Advantage, but there is also to the Senator from Texas, I think he I would also like to point out, as the preventive component of this. We is exactly right. There is a lot of very short a time ago as April 3, 2009, a talk about ways to help people keep appealing talk that we hear from the group of Senators, bipartisan, includ- their health care costs down, and that advocates of the so-called health re- ing Senators WYDEN, MURRAY, SPEC- has to do with coordinated care and form bill. But when we get right down TER, BENNET, KLOBUCHAR, and others, preventing illness. to it, and when we examine it closely, wrote to Charlene Frizzera, acting ad- Mr. COBURN. And we heard from the we find a big increase in government- ministrator of the Centers for Medicare freshman Democrats that they want to run programs. What does that mean for and Medicaid Services: low-income Americans, and what does put a new preventive package into the We write to express our concerns regarding program. Yet they want to take the it mean for seniors who depend on our the Centers for Medicare and Medicaid Serv- preventive package out of Medicare biggest government-run programs, ices’ proposed changes to Medicare Advan- Advantage. It is an interesting mix of Medicare and Medicaid? It means they tage rates for calendar year 2010. The ad- amendments, isn’t it? risk not having access to the doctor vance notice has raised two important issues Mr. BARRASSO. We want to keep they want. The Senator from Wyoming that, if implemented, would result in highly our seniors healthy. That is one way mentioned the Mayo Clinic, widely problematic premium increases and benefit they can stay out of the hospital, out cited by the President and by many on reductions for Medicare Advantage enrollees of the nursing home, and stay active. the other side as an example of control- across the country. Yet with the cuts in Medicare Advan- ling costs, is beginning to say: We can’t Again, as recently as last April, there tage, the Democrats have voted to do take patients from the government-run was concern on the other side about that—to cut all the money out of this programs in some cases because we are cuts in the Medicare Advantage Pro- program that seniors like. Eleven mil- not reimbursed properly. gram. lion American seniors who depend upon What is going to happen behind all Mr. COBURN. I wonder if the Senator Medicare for their health care choose this happy talk we are hearing about is aware, in Alabama, there will be this because there is an advantage to health care is, we are going to find 181,000 people who will get a Medicare them. more and more low-income patients Advantage cut; in California, 1,606,000 My colleague from Oklahoma, the dumped into a program called Med- seniors are going to have benefits cut; other physician in the Senate, has icaid. Under this program half the doc- Colorado, 198,000; Georgia, 176,000; Illi- talked, as I have, extensively about pa- tors will not see a new Medicaid pa- nois, 176,000; Indiana, 148,000; Ken- tient-centered health care—not insur- tient. It is akin to giving someone a tucky, 110,000; Louisiana, 151,000; Mas- ance centered, not government cen- bus ticket on a bus line that runs half sachusetts, 200,000; Michigan, 406,000— tered. Medicare Advantage helps keep the time. Medicare is going to increas- that is exactly what Michigan needs it patient centered. So when I see deals ingly find itself in the same shape as right now, isn’t it, for their seniors to being cut behind closed doors where Medicaid. The Mayo Clinic has already have their benefits cut—Minnesota, they are cutting out people from all said they can’t afford to serve patients 284,000; Missouri, 200,000; Nevada, across the country and providing from the government-run programs. 104,000; New Jersey, 156,000; New York, sweetheart deals to help seniors on The Senator from Texas is exactly 853,000; Ohio, 499,000; Oregon, 250,000; Medicare Advantage in Florida in order right. We don’t have to persuade the 11 Pennsylvania—maybe, maybe not be- to encourage one Member of the Senate million Americans who have chosen cause they may have the deal—865,000; to vote a certain way, I have to ask Medicare Advantage that it is a good Tennessee, 233,000; Washington State, myself: What about the seniors in the program. They like it. In rural areas, 225,000; Wisconsin, 243,000. rest of the country, whether it is between 2003 and 2007, more than 600,000 I ask unanimous consent that the list Texas, Oklahoma, Tennessee, or Ari- people signed up for it. In a way, the of what the enrollment is by CMS on zona? Senator from Florida may have a Medicare and Medicare Advantage en- A lot of seniors have great concern, sweetheart deal, but in a way he has rollment, as of August 2009, be printed and I would hope they would call up done us a favor. We have been trying to in the RECORD. and say this is wrong; we need to know say all week the Democrats are cutting There being no objection, the mate- what is going on, and to ask why it is Medicare. They are saying: Trust us, rial was ordered to be printed in the there is a sweetheart deal for one se- we are not cutting Medicare. The Sen- RECORD, as follows:

MA Enrollment MA Penetration State (August 2009) Eligibles (percent)

Alabama ...... 181,304 819,112 22.1 Alaska ...... 462 61,599 0.8 Arizona ...... 329,157 876,944 37.5 Arkansas ...... 70,137 515,175 13.6 California ...... 1,606,193 4,562,728 35.2 Colorado ...... 198,521 591,148 33.6 Connecticut ...... 94,181 553,528 17.0 Delaware ...... 6,661 142,716 4.7 DC ...... 7,976 75,783 10.5

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.010 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12658 CONGRESSIONAL RECORD — SENATE December 8, 2009

MA Enrollment MA Penetration State (August 2009) Eligibles (percent)

Florida ...... 946,836 3,239,150 29.2 Georgia ...... 176,090 1,176,917 15.0 Hawaii ...... 79,386 197,660 40.2 Idaho ...... 60,676 218,225 27.8 Illinois ...... 176,395 1,792,581 9.8 Indiana ...... 148,174 973,732 15.2 Iowa ...... 63,902 508,942 12.6 Kansas ...... 43,867 421,593 10.4 Kentucky ...... 110,814 735,953 15.1 Louisiana ...... 151,954 664,692 22.9 Maine ...... 26,984 256,214 10.5 Maryland ...... 56,812 754,638 7.5 Massachusetts ...... 199,727 1,029,357 19.4 Michigan ...... 406,124 1,597,119 25.4 Minnesota ...... 284,101 758,981 37.4 Mississippi ...... 44,772 483,403 9.3 Missouri ...... 195,036 976,397 20.0 Montana ...... 27,592 162,779 17.0 Nebraska ...... 30,571 273,589 11.2. Nevada ...... 104,043 336,581 30.9. New Hampshire ...... 13,200 208,125 6.3 New Jersey ...... 156,607 1,294,052 12.1 New Mexico ...... 73,567 299,538 24.6 New York ...... 853,387 2,909,216 29.3 North Carolina ...... 251,738 1,424,360 17.7 North Dakota ...... 7,633 106,969 7.1 Ohio ...... 499,819 1,852,596 27.0 Oklahoma ...... 84,980 585,906 14.5 Oregon ...... 249,993 593,232 42.1 Pennsylvania ...... 864,040 2,233,074 38.7 Puerto Rico ...... 400,991 631,298 63.5 Rhode Island ...... 65,108 179,044 36.4 South Carolina ...... 110,949 734,772 15.1 South Dakota ...... 8,973 133,420 6.7 Tennessee ...... 233,024 1,015,771 22.9 Texas ...... 532,242 2,853,472 18.7 Utah ...... 85,585 269,378 31.8 Vermont ...... 3,966 106,562 3.7. Virginia ...... 151,942 1,094,976 13.9 Washington ...... 225,918 919,899 24.6 West Virginia ...... 88,027 375,303 23.5 Wisconsin ...... 243,443 883,419 27.6 Wyoming ...... 3,942 77,197 5.1

Mr. MCCAIN. The point of all this is, supplementals, but, more importantly, we think are important about health the Senator from Florida, a member of poorer health outcomes. That is what care. Jobs are going to be lost as a re- the Finance Committee, felt so strong- it is going to mean—or a much smaller sult, if this bill gets passed. People who ly that Medicare Advantage was at risk checkbook, one or the other. A smaller have insurance will end up paying more he decided to carve out, and was able checkbook because now the govern- in premiums, if this bill is passed. Peo- to get the majority on a party-line ment isn’t going to pay for it—you ple who depend on Medicare, whether it vote of the Finance Committee to are—or poorer health outcomes. If your is Medicare Advantage or regular Medi- carve out a special status for a group of checkbook is limited, the thing that care, will see their health care deterio- seniors under Medicare Advantage in happens is, you will get the poorer rate as a result of this proposal. I turn his State. My motion simply says, ev- health outcome. to the Senator from Arizona, who has eryone whom the Senator from Okla- Mr. BARRASSO. Additionally, the been a special student of this. homa made reference to deserves that Senator from Arizona talked about the Mr. MCCAIN. So seniors, by losing same protection. That is all this mo- closed-door meetings, secretly trying Medicare Advantage, would then lose tion is about. to come up with things. certain provisions Medicare Advantage Mr. CORNYN. If the Senator would There was an article in the paper provides and then they would be forced, yield for a question, if this motion is today that the Democrats are turning if they can afford it, which they are not agreed to, which protects all Medi- to actually throwing more people on now paying zero because it is covered care Advantage beneficiaries—all 11 the Medicare and Medicaid rolls as under Medicare Advantage, then they million of them, 532,000 in my State— they are trying to come up with some would have to buy Medigap policies and as a result of not only these cuts compromise; the idea being it is going that would make up for those benefits but perhaps additional cuts to come in to be compromising the care of the they lost when they lose Medicare Ad- the future to Medicare Advantage, people. They are trying to put more vantage. which will make it harder for Medicare people onto the Medicaid rolls. The Guess who offers those Medigap in- beneficiaries to get coverage, I ask par- Senator from Tennessee has said many surance policies. Our friends at AARP, ticularly my doctor colleagues, what is physicians don’t take those patients which average $175 a month. We are the impact of eliminating Medicare Ad- because reimbursement is so poor. It is telling people who are on Medicare Ad- vantage and leaving people with Medi- putting more people into a boat that is vantage today, when they lose it, they care fee for service, which is, as I re- already sinking. They want to put can be guaranteed, if they want to call, the Bennet amendment earlier? more people on Medicaid and more on make up for those benefits they are You have to parse the language closely, Medicare, but at the same time they losing, they would be paying $175 a but it talked about guaranteed bene- are cutting Medicare by $464 billion. month, minimum, for a Medigap pol- fits. I think the Senator from Okla- This is a program we know is already icy. A lot of America’s seniors cannot homa makes a good point. Right now, going broke. Yet they want to now put afford that. Medicare Advantage has guaranteed people age 55 to 64, add those to the Mr. COBURN. That is $2,000 a year. benefits. Medicare rolls, which is a program we Mr. MCCAIN. They can’t afford it. Mr. COBURN. Absolutely. have great concerns about. Mr. COBURN. I will make one other Mr. CORNYN. What is the con- Special deals for some, cutting out point. Over the next 10 years, 15 mil- sequence of seniors losing Medicare Ad- many others, now adding more people lion baby boomers are going to go into vantage and being forced onto a Medi- to the Medicare rolls—to me, this is Medicare. We are taking $465 billion care fee-for-service program? not sustainable. Yet these are the deals out of Medicare; on the 10-year picture, Mr. COBURN. Limited prevention that are being cut less than 100 feet $1 trillion. So we are going to add $15 screening, no coordinated care, loss of from here off the floor of the Senate, million and cut $1 trillion. What do you access to certain drugs, loss of acces- when we are out here debating for all think is going to happen to the care for sory things, such as vision and hearing the American people to see the things everybody in Medicare? The ultimate

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.001 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12659 is, we are going to ration the care for least who does not believe it. He is the thing, we have talked a lot about our seniors, if this bill comes through. Senator from Florida. It is interesting good friend, the Senator from Florida, Mr. MCCAIN. How much time re- that all week we have been going back and how he has been so perceptive on mains, Madam President? and forth. We have been saying to the noticing that his Floridians with Medi- The PRESIDING OFFICER. Five Democrats: You are cutting Medicare care Advantage may lose their Medi- minutes is remaining. benefits. They have been saying: No, care benefits. Mr. MCCAIN. I ask Dr. BARRASSO, we are not. The PRESIDING OFFICER. The Sen- have you treated people under Medi- We have been saying: Yes, you are. ator’s time is expired. care Advantage? No, we are not. Mr. MCCAIN. Madam President, I ask Mr. BARRASSO. I have. People know I am sure the people at home must unanimous consent for an additional 30 there is an advantage to being in this say: Well, who is right about this? seconds for the Senator. program, and that is why they sign up Well, the Senator from Florida, who The PRESIDING OFFICER. Without for it. That is why citizens all around sits on the other side of the aisle, has objection, it is so ordered. the country have signed up for Medi- said: I am not willing to go back to Mr. ALEXANDER. I say to the Sen- care Advantage. They realize there is Florida and say to the people of Flor- ator from Arizona, I believe there are value in prevention and there is value ida that your benefits are going to be other Medicare benefits that are likely in coordinated care. There is value in cut if you are on Medicare Advantage, to be cut in this bill. Aren’t there cuts having eye care, dental care, hearing so I want an amendment to protect to hospice? Aren’t there cuts to hos- care. There are advantages to wanting you. The Senator from Texas wants pitals? Aren’t there cuts to home to stay healthy, to keep down the cost and amendment to protect 11 million health care, which we talked about of care. seniors and so does the Senator from yesterday? So if Floridians do not trust Mr. MCCAIN. So you are making the Oklahoma and so does the Senator the Democratic bill to protect their case that even though it may cost from Louisiana and so does the Senator Medicare benefits from Medicare Ad- more, the fact that you have a weller from Wyoming, and the Senator from vantage, why should they trust the and fitter group of senior citizens, you, Tennessee. Democratic bill to protect any of their in the long-run, reduce health care So the Senator from Arizona is say- Medicare benefits? costs because they take advantage of ing, we believe you are cutting Medi- Mr. MCCAIN. I wish to finally point the kind of care that, over time, would care Advantage benefits for 11 million out what Dr. COBURN said. Medicare keep them from going to the hospital Americans. The Senator from Florida Part C, which is Medicare Advantage, earlier or having to see the doctor does not trust your bill. We do not ei- is part of the law, and to treat it in any more often. ther. We want an amendment that pro- way different, because those on the Mr. BARRASSO. That is one of the tects 11 million seniors. other side do not particularly happen reasons that Medicare Advantage was Mr. CORNYN. Madam President, I to like it, I think is an abrogation of brought forth. I know a lot of Senators would ask our Senators to expand in the responsibilities we have to the sen- from rural States supported it because the brief time we have. It seems as if iors of this country. all of the discussion about health care it would allow people in small commu- I thank my colleagues and yield the reform is a bit about accountable care nities to have this advantage to be in a floor. organizations, coordinating care, par- program such as that. It could encour- The PRESIDING OFFICER. The Sen- ticularly in the later part of life, avoid- age doctors to go into those commu- ator from Texas. ing chronic diseases in life. nities to try to keep those people well, When I was at Kelsey-Seybold Clinic AMENDMENT NO. 2962 work with prevention. The 11 million in Houston, TX, they told me it is Mrs. HUTCHISON. Madam President, people who are on Medicare Advantage Medicare Advantage that allows them I rise today to talk about another know they are on Medicare Advantage. to coordinate care, to hold down costs, amendment that is pending, the Nel- They have chosen it. It is the fastest to keep people healthier longer. Yet son-Hatch-Casey amendment. This is growing component because people re- the irony, to me, it seems, is that by an amendment that I think has been alize the advantages of being on Medi- cutting Medicare Advantage benefits, discussed in the last day as well. That care Advantage. If they want to stay we are going backward rather than for- is the amendment that would assure independent, healthy, and fit, they sign ward when it comes to that kind of co- that no Federal funds are spent for up for Medicare Advantage. I would ordinated, less expensive care. abortion. That was unclear. It is un- think people all across the country, Would the Senator concur with that? clear in the underlying bill. I think it who are seniors on Medicare but are Mr. BARRASSO. I would concur that is very important we talk about it, not on Medicare Advantage, would this is actually taking a step back- that we make sure it is very clear ex- want to say: Why didn’t I know about ward. That is why the Senator from actly what the Nelson-Hatch-Casey this program? As seniors talk about Florida has demanded they make ac- amendment does; and that is, it would this at senior centers—and I go to cen- commodations for the people of Flor- bar Federal funding for abortion, which ters and meetings there and visit with ida. The people of Wyoming want those is basically applying the Hyde amend- folks and hear their concerns—they are same accommodations, as do the peo- ment to the programs under this converting over and joining, signing up ple of Arizona and Texas. Because 11 health care bill. for Medicare Advantage because they million Americans have chosen the Since the Hyde amendment was first know there are advantages to it. For Medicare Advantage Program because passed in 1977, the Senate has had to this Senate and the Democrats to say: it does help coordinate care. It has pre- vote on this issue many times, prob- We want to slash over $100 billion from ventive care. It keeps it more patient ably just about every year, and I have Medicare Advantage, I think the people centered as opposed to government consistently voted to prohibit Federal of America understand this is a great centered, insurance company centered. funding for abortions, as I know my loss to them and a peril to their own That is the way for people to stay colleague and friend from Utah has health, as they lose the coordinated healthy, live longer lives, and keep done, as well as the Democratic spon- care and the preventive nature of the their independence. sors of this amendment. care. We have seen cuts across the board Yet it seems that some Members Mr. MCCAIN. I ask the Senator from on Medicare, whether it is home were on the floor last night miscon- Tennessee, do you know of any expert health, nursing homes, hospice care, struing exactly what the Nelson-Hatch- economist on health care who believes Medicare Advantage. And across the Casey amendment does. Specifically, we can make these kinds of cuts in board, they are cutting Medicare in a their claim was that the Hyde language Medicare Advantage and still preserve way that certainly the seniors of this only bars direct funding for elective the same benefits the enrollees have country do not deserve. They have paid abortions while the Nelson-Hatch- today? into that program for many years and Casey amendment bars funding of an Mr. ALEXANDER. The answer to the they deserve their benefits. entire benefits package that includes Senator from Arizona is no. I do not Mr. ALEXANDER. If I may say to elective abortions and therefore is un- know of one. I know of one Senator at the Senator from Arizona one other precedented.

VerDate Nov 24 2008 03:18 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.012 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12660 CONGRESSIONAL RECORD — SENATE December 8, 2009 I wish to ask the distinguished Sen- IN GENERAL.—No funds authorized or ap- choice people, who do not believe tax- ator from Utah, what exactly did the propriated by this Act (or an amendment payers should pay for abortions, to 68 Hyde language say? Let’s clarify what made by this Act) may be used to pay for any percent. The polls are from 61 to 68 per- Hyde was, so we can then determine if abortion or to cover any part of the costs of cent of those who do not believe the any health plan that includes coverage of your amendment is the same. abortion. taxpayers ought to be paying for abor- Mr. HATCH. I thank the Senator so tion, except to save the life of the much. Mrs. HUTCHISON. So based on what mother or because of rape or incest. The current Hyde language contained you have said, this is not new Federal And we have provided for those ap- in the fiscal year 2009 Labor-HHS Ap- abortion policy. The Hyde amendment proaches in this amendment. So any- propriations Act says the following: currently applies to the plans dis- body who argues otherwise is plain not cussed, including the plans that Mem- SEC. 507. (a) None of the funds appropriated being accurate. in this Act, and none of the funds in any bers of Congress have. And the abor- Mr. SPECTER. Madam President, trust fund to which funds are appropriated in tion protections for all of the Federal will the Senator from Utah be willing this Act, shall be expended for any abortion. health programs all say exactly the to yield for a question? (b) None of the funds appropriated in this same thing. Mr. HATCH. Sure. Act, and none of the funds in any trust fund The amendment we are going to vote Mr. SPECTER. My question relates to which funds are appropriated in this Act, on that is the Nelson-Hatch-Casey to the provisions of the pending bill, shall be expended for health benefits cov- amendment would preserve the three- section 1303(2)(A), which specifies that erage that includes coverage of abortion. decades-long precedent—that is what the plan will not allow for any pay- Mrs. HUTCHISON. So Federal funds your amendment does—and that we ments of abortion, and where there is, are prohibited from being used in abor- must pass it if we are going to guar- as provided under section 1303(2)(B), tions in that particular bill. antee that the bill that is on the floor there will be a segregation of funds. So What about programs such as CHIP, is properly amended so it is the same that under the existing statute, there that was created in the Balanced Budg- as our 30 years of abortion Federal pol- is no Federal funding used for abortion. et Act? And in 2009, it was reauthorized icy in this country? But a woman has the right to pay for by Congress and signed by the Presi- Mr. HATCH. Right. The reason it is her own abortion coverage. And with dent earlier this year. What about the so critical we pass the Nelson-Hatch- the status of Medicaid, where the pro- CHIP program? Casey amendment is that it is the only hibition applies to any Federal funds Mr. HATCH. I know a little bit about way to guarantee that taxpayers’ dol- being used to pay for an abortion, there CHIP. That was the Hatch-Kennedy lars are not used by the insurance are 23 States which allow for payment bill. I was one of the original authors plans under the Democrats’ bill to pay for abortion coverage coming out of of the program and insisted that the for abortions. In other words, the Hyde State funds. following language be included in the language is in the appropriations proc- So aren’t the provisions of this stat- original statute: ess. We have to do it every year rather ute, which enable a woman to pay for LIMITATION ON PAYMENT FOR ABORTIONS than making it a solid amendment. But an abortion on her own, exactly the (A) IN GENERAL.—Payment shall not be this bill is not subject to appropria- same as what is now covered under made to a State under this section for any tions. So if we leave the Hyde language Medicaid, without violating the provi- amount expended under the State plan to out of this bill, the language we have sions of the Hyde amendment? pay for any abortion or to assist in the pur- in the amendment, the Nelson-Hatch- Mr. HATCH. Well, the way we view chase, in whole or in part, of health benefit Casey amendment, then we would be the current language in the bill is that coverage that includes coverage of abortion. there is a loophole there whereby they (B) EXCEPTION.—Subparagraph (A) shall opening up a door for people who be- lieve that abortion ought to be paid for can even use Federal funds to provide not apply to an abortion only if necessary to for abortion under this segregation lan- save the life of the mother or if the preg- by the Federal Government to do so. guage, and that is what we are con- nancy is the result of an act of rape or in- And we should close that door because cest. that has been the rule since 1977. cerned about. We want to close that loophole and make sure that the Fed- That is what the CHIP bill said, and Mrs. HUTCHISON. I thank the Sen- eral funds are not used for abortion. ator for the explanation. I thank the that was the Hatch-Kennedy bill. Like I say, there are millions of peo- Mrs. HUTCHISON. I would assume Senator from Utah because I do think ple who are pro-choice who agree with you do know what is in that bill. What it is important people know. There has the Hyde language. All we are doing is about the Federal Employees Health been a lot of questions raised about the putting the Hyde language into this Benefits Plan, what does it say? bill and whether it would be a foot in bill in a way that we think will work Mr. HATCH. The reason I mentioned the door for changing a policy that has better. Senator Kennedy is because he was the been the law of our country, and ac- Mr. SPECTER. If the Senator will leading liberal in the Senate at the cepted as such. Whether it was a Demo- yield further. time, and yet he agreed to that lan- cratic-controlled Congress or a Repub- Mr. BROWNBACK. Will the Senator guage. lican-controlled Congress, I think ev- yield for a comment? As to the Federal Employees Health eryone has agreed this Hyde amend- Mr. HATCH. I would be happy to Benefits package, the following lan- ment language has protected Federal yield. guage appears in the Financial Serv- taxpayers who might have a very firm Mr. BROWNBACK. In responding to ices and General Government Appro- conviction against abortion so they the Senator from Pennsylvania as well, priations Act for fiscal year 2009: would not have to be subsidizing this I wish to quote BART STUPAK, who car- SEC. 613. No funds appropriated by this Act procedure. ried the same sort of amendment you shall be available to pay for an abortion, or Mr. HATCH. I appreciate the Senator are putting forward, only on the House the administrative expenses in connection from Texas pointing this out. The cur- side. The same sorts of questions, natu- with any health plan under the Federal em- rent bill has language that looks like it rally, were coming forward, saying: ployees’ health benefits program which pro- is protective, but it is not. That is OK, you are blocking abortion funding vides any benefits or coverage for abortions. SEC. 614. The provisions of Section 613 shall what we are trying to do: close the for the individual. He said this—and I not apply where the life of the mother would loophole in that language and get it so am quoting directly from Representa- be endangered if the fetus were carried to we live up to the Hyde amendment, tive STUPAK: term, or the pregnancy is the result of an act which has been in law since 1977. The Capps amendment—Which is in the of rape or incest. To be honest with you, I do not see base Reid bill here—departed from Hyde in Mrs. HUTCHISON. Well, isn’t that how anybody could argue that the tax- several important and troubling ways: by the same as the language in the Nel- payers ought to be called upon to foot mandating that at least one plan in the the bill for abortions. Let’s be brutally health insurance exchange provide abortion son-Hatch-Casey amendment? coverage, by requiring a minimum $1 month- Mr. HATCH. You are absolutely frank about it. The taxpayers should ly charge for all covered individuals that right. not be called upon to pay for abortions. would go toward paying for abortions and by Let me read the language for you in The polls range from 61 percent of the allowing individuals receiving Federal af- the Nelson-Hatch-Casey amendment. American people, including many pro- fordability credits—

VerDate Nov 24 2008 03:18 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.016 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12661 Those are Federal dollars— issuer of the plan should not use any grams, but the Reid bill specifically al- to purchase health insurance plans that amount of the Federal funds for abor- lows abortion to be offered in two huge cover abortion. . . . tion? So there is a flatout prohibition new government programs. The Reid In all those ways, the Capps amend- for use of Federal funds. And under sec- bill tries to explain this contradiction ment—which is in the Reid bill—ex- tion 1303(2)(B), there is a segregation of by calling for the segregation of Fed- pands and does allow Federal funding funds which is identical to Medicaid. eral dollars when Federal subsidies are of abortion that we have not done for So however you may want to charac- used to purchase health plans. This 33 years. terize it, how do you respond to the ‘‘segregation’’ of funds actually vio- Going on with Representative STU- flat language of the statute which ac- lates the Hyde amendment which pre- PAK’s statement: complishes the purpose of the Hyde vents funding of abortion not only by Hyde currently prohibits direct federal amendment and allows for a payment Federal funds but also by State match- funding of abortion. . . . The Stupak amend- by collateral funds, just as Medicaid ing funds within the same plan. Simply ment— pays for abortions without Federal put, today, Federal and State Medicaid Which is also the Nelson-Hatch funds? dollars are not segregated. So that is amendment— Mr. HATCH. Let me respond to the the difference. If the distinguished Senator from is a continuation of this policy— distinguished Senator, although I am not going to ask him a formal ques- Pennsylvania believes the current lan- Of the Hyde amendment— tion. If that is true, then why have the guage in the Reid bill meets the quali- nothing more, nothing less. Capps language in there? Why don’t we ties of the Hyde language, then why I think it is important to clarify that just take the Hyde language, which is not just put the Hyde language in once this is a continuation of what we have what we are trying to do. It isn’t true. and for all since it has been in law been doing for 33 years that the Sen- We know in this bill there will be sub- since 1977? ator from Utah and the Senator from sidization to help people pay for health It is important to note that today Nebraska are putting forward with this insurance. In fact, the subsidization there is no segregation of Federal funds amendment. can go to people up to $88,000 a year, in any Federal health care program. I thank my colleague for yielding. and that could be indirectly used for For example, the Medicaid Program re- Mr. HATCH. Madam President, I abortion. It is a loophole that Hyde ceives both Federal and State dollars. thank my colleague for bringing it for- closes. There is no segregation of either the ward. The segregation language is very If the distinguished Senator from Federal Medicaid dollars or the State problematic language. That is what we Pennsylvania believes the Capps lan- Medicaid dollars. are trying to resolve. We basically have guage does what Hyde meant to begin With that, I know I have some col- all agreed with the Hyde amendment, with and what it has been since 1977, leagues who have asked for some time which is from 1977, and this would, in what is wrong with putting the Hyde to speak, so I will yield the floor. effect, incorporate the language in the Mr. VITTER addressed the Chair. language in here and solving the prob- Mr. SPECTER. The Senator from bill. lem once and for all? We see it as a Utah has not yet answered the ques- Mr. JOHANNS. Would the Senator loophole through which they can actu- tion. yield for another comment? ally get help from the Federal Govern- The PRESIDING OFFICER. The Sen- Mr. HATCH. Sure. ment directly and indirectly to pay for ator from Louisiana is recognized. Mr. JOHANNS. I might just offer a abortion. Mr. VITTER. Thank you, Madam thought here on that language. The Na- Now, let’s think about it. There are President. tional Right to Life group saw through no mandates in this language that we I strongly support the efforts of the that gimmick immediately. It took have for elective abortion coverage. distinguished Senator from Utah and them about 20 seconds to figure out Plans and providers are free from any his amendment offered along with Sen- what was happening here. I think they government mandate for abortion. ator NELSON and Senator CASEY. And I referred to it as a ‘‘bookkeeping gim- There is no Federal funding of elective think this exchange and this colloquy mick,’’ that somehow there would be abortion or plans that include elective is very helpful. In fact, I think it some segregation if the Federal money abortion except in the cases where the proves the point, particularly the par- went in your left pocket but you paid life of the mother is in danger or the ticipation of the Senator from Pennsyl- for abortions out of your right pocket. pregnancy is caused by rape or incest. vania in it. The only folks who are de- It doesn’t make any sense. That seg- The amendment allows individuals to fending the language in the Reid bill regation isn’t going to work. They saw purchase a supplemental policy from a are folks who are clearly and strongly through it. They saw the gimmick it plan that covers elective abortion as pro-choice, pro-abortion. Folks who was. long as it is purchased with private have a fundamental problem with that Let me just say, I support the Sen- dollars. The amendment prohibits the all say the underlying language in the ator’s amendment. I applaud Senator public plan from covering elective Reid bill has huge loopholes. That in- HATCH and Senator NELSON and Sen- abortions. It prevents the Federal Gov- cludes people who want to support the ator CASEY for bringing this very im- ernment from mandating abortion cov- bill otherwise. I am strongly against portant issue forward. I applaud you erage by private health plans or pro- this bill. I am not in that category. for keeping this effort that started viders within such plans. And insur- But, as the distinguished Senator, Mr. with the Hyde amendment—or Hyde ance plans are not prevented from sell- BROWNBACK, mentioned, Representative language, rather—because what we are ing truly private abortion coverage, STUPAK wants to support the under- really doing here is we are saying very even through the exchange. This lying bill. He supported it in the House, clearly to the American people, wheth- amendment doesn’t prohibit that. but he was very clear in his efforts on er directly or indirectly, your tax dol- The bottom line: The effect on abor- the House floor that the underlying lars are not going to be used to buy tion funding and mandates is exactly language, which is now in the Reid bill, abortions. the same as that of the House bill had huge loopholes, wasn’t good Thank you for your leadership on changed by the Stupak amendment. enough, needed to be fixed. That is why this issue. I am happy to be here to Now, look, if the distinguished Sen- he came up with the Stupak language, support that. ator from Pennsylvania believes the and that is essentially exactly what we Mr. SPECTER. Would the Senator Capps language is the same as Hyde, he have in this amendment. from Utah respond to my question? is wrong. And if he believes it does Similarly, the U.S. Conference of How can you disagree with the provi- what Hyde would do, he is wrong there. Bishops is very supportive of the con- sions of section 1303(2)(A) of the bill Why not just put the Hyde language in cepts of the underlying bill, but they which is pending which specifies that if once and for all, which has been there have said clearly that the Reid bill is a qualified health plan provides serv- since 1977? That is what the Stupak ‘‘completely unacceptable’’ on this ices for abortion—this is the essence of language is. abortion issue and ‘‘is actually the it—if a qualified health plan provides The Hyde amendment specifically re- worst bill we have seen so far on the coverage for services for abortion, the moves abortion from government pro- life issues.’’

VerDate Nov 24 2008 03:18 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.017 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12662 CONGRESSIONAL RECORD — SENATE December 8, 2009 So this colloquy involving the distin- view, and I surely hope that tradition possibly can, to fund it in a variety of guished Senator from Pennsylvania, I continues today. ways, with Federal dollars, if we don’t think that general debate proves the Again, I applaud the Senator from put the Hyde language in. That is what point clearly. Utah and his leading cosponsors, Sen- this is about. I again compliment the Senator from ator NELSON and Senator CASEY, on Mr. BROWNBACK. Will my colleague Utah, along with Senator NELSON, Sen- this effort, and I encourage all of my yield? ator CASEY, and others—I am a cospon- colleagues, Democrats and Repub- Mr. HATCH. I am happy to. sor of the amendment—on this effort. licans, to come together around what Mr. BROWNBACK. If you are not We need to pass this on the bill. This the American people consider a real clear about this, then abortion will be will do away with the loophole. This no-brainer, a true consensus, some- funded. If there is any of this that will be real language to truly prohibit thing that clearly reflects the common needs clarity one thing is for certain taxpayer funding of abortions. This sense of the American people. Is abor- with the Capps language in the base- constitutes exactly the same as that tion a divisive issue? Yes. Is using tax- line of the Reid bill, that abortion will long tradition, since 1977, of the Hyde payer dollars to fund abortion a close be funded. amendment. This marries the Stupak question? No. There is a clear con- The Commonwealth of Massachusetts language, so it should be crystal-clear. sensus in America not to use any tax- recently passed its State-mandated in- What will this amendment specifi- payer dollars to fund abortion. It is surance, Commonwealth Care, without cally do? It will mean there are no crystal-clear that we need to pass this an explicit exclusion on abortion. mandates for elective abortion cov- amendment, and the underlying lan- Guess what. Abortions there were also erage. Plans and providers are free guage in the Reid bill is completely un- funded immediately. In fact, according from any government mandate for acceptable. to the Commonwealth Care Web site, abortion under this amendment lan- With that, thank you, Madam Presi- abortion is considered covered as out- guage. It would mean there is no Fed- dent. I yield the floor. patient medical care. That is a point eral funding of elective abortion or The PRESIDING OFFICER. The Sen- about being clear with the Hyde-type plans that include elective abortion ex- ator from Utah. language, which is the Nelson-Hatch cept in the case of when the life of the Mr. HATCH. Madam President, I am language, which says: No, we are not mother is in danger or in case of rape very appreciative of the Senator from going to fund this, and we are going to or incest. It means this amendment Texas, the distinguished Senator from continue the 33-year policy. If we keep would allow individuals to purchase a Louisiana, the distinguished Senator the Capps language in that funds abor- supplemental policy or a plan that cov- from Nebraska, and, of course, the dis- tion—the last time the Federal Govern- ers elective abortion as long as that tinguished Senator from Kansas and ment funded abortions was during that separate policy is purchased com- the distinguished Senator from South 3-year period after Roe, but before pletely with private dollars. It would Dakota who are here on the floor and Hyde, and we were funding about prohibit the public plan from covering participating. I believe we have until 300,000 abortions a year. The Federal those elective abortions and prevent 12:27, so I am going to relinquish the taxpayer dollars funded abortions the Federal Government from man- floor. through Medicaid. dating abortion coverage by any pri- Mr. THUNE. Before the Senator I cannot believe any of my colleagues vate plan. Insurance plans are not pre- leaves, I wish to put one fine point on would say: Yes, I would be willing to vented from selling truly private abor- something the Senator said in response buy into that 300,000 abortions a year tion coverage, including through the to the question from the Senator from when President Obama and President exchange, but taxpayer dollars would Pennsylvania about the use of Med- Clinton said we want to make abor- have nothing—absolutely nothing—to icaid funds in the States. tions safe, legal, and rare. Well, 300,000 do with it. There are a number of States that do a year would not be in that ballpark. Bottom line: The effect on abortion provide programs that have abortion That is the past number that happened funding and mandates is exactly the funding, but I think there is a very when you didn’t have Hyde language in same as the long and distinguished tra- clear distinction that needs to be made place at the Federal level. dition of the Hyde amendment with in Medicaid funds which are matching Mr. HATCH. That is what it will do this amendment, and it would be ex- funds, and none of those funds can be here too. All this yelling and scream- actly the same as the Stupak language used to fund abortions. You said that ing when they say it equals the Hyde on the House side. in response to his question, but I think language—it doesn’t. That is the prob- I also agreed with the distinguished that point needs to be made very clear- lem. If they want to solve the problem, Senator from Utah when he said this ly because the Senator from Pennsyl- why not use the Hyde language that should not be of any great controversy. vania was implying that somehow, has been accepted by every Congress Abortion is a deeply divisive issue in since States have created programs to since 1977? The Senator is right that this country, but taxpayer dollars fund abortions and since Medicaid is a there were 300,000 abortions a year be- being used to pay for abortion is not. Federal and State program, that some- tween 1973 and 1977 because we didn’t There is a broad and a wide and a deep how those two are being mixed, and have the Hyde language. We got tired consensus against using any taxpayer that this idea that because they are of the taxpayers paying for them. Why dollars to pay for abortion. The Sen- calling for ‘‘segregation,’’ that really should they pay for it? Why should tax- ator from Utah mentioned polls. That doesn’t exist in the Medicaid Program. payers who are pro-life—for religious is why the Hyde amendment has been The Medicaid Program—those are reasons or otherwise—have to pay for longstanding since 1977. That is why it matching funds—is a Federal-State abortions, elective abortions by those has been voted for and supported and program. The Federal dollars that go who are not? They should not have to. passed again and again in Congresses into the Medicaid Program—the prohi- To be honest, the language in the with Democratic majorities and Repub- bition that exists on Federal funding of current bill is ambiguous and it would lican majorities. It is a solid consensus. abortions applies to Medicaid dollars allow that. Anybody who is arguing It does represent the common sense of that go to the States, to the degree this is the same as the Hyde language the American people. Certainly, I will that States have adopted programs hasn’t read the Capps language. We follow in a similar, proud tradition of that fund abortion. Those are State want to change it to go along with Louisiana Senators supporting that funds and not Medicaid funds, which Hyde. It doesn’t affect the right to consensus. Every U.S. Senator from are matching funds. abortion, except that we are not going Louisiana since the Hyde amendment Mr. HATCH. I am glad the Senator to have taxpayers paying for it. was originally adopted has strongly made that even more clear. Last night, Mr. THUNE. If the Senator will supported this commonsense consensus a number of Democrats completely dis- yield—— view—every Senator. Everyone but me torted this issue. If they think the Mr. HATCH. Yes. has been Democratic, but every sitting Capps language equals the Hyde lan- Mr. THUNE. That is what STUPAK U.S. Senator from Louisiana has sup- guage, why not put it in? They want to and other Members of the House of ported that commonsense consensus be able to fund abortion any way they Representatives saw; that this created

VerDate Nov 24 2008 03:18 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.019 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12663 tremendous ambiguity and they sought tion to proceed and I said, at that time, the five health care reform bills approved by to tighten it up and reinstate the long- to me, this is the pro-life vote, because committee in the 111th Congress violate this standing policy regarding Federal if this bill goes to the floor, we will policy. funds and their use to finance abor- now need 60 votes to get an amendment Following the Hyde amendment prin- tions since 1977, the Hyde language. passed. I said I don’t count the 60. I ciples is what we have done for 33 The Stupak amendment to the House issued a challenge and I said: If there is years, until this moment, until the bill passed with 240 votes. There was a any Member who has a list of 60 Mem- Capps language in the Reid bill. Now sizable, decisive majority of Members bers who will vote for this amendment, we have flipped that on its head and in the House of Representatives who I am willing to look at that and change are saying you can combine Federal saw through what the ambiguity was my view of the world. Well, that hasn’t funds with non-Federal funds to pay for that exists regarding the House bill happened. elective abortions. That was the policy and now the Senate bill. In fact, there are many predictions prior to Hyde in 1977. That funded This is intentionally ambiguous for being made that, sadly and unfortu- 300,000 abortions, roughly, a year at the reasons you mentioned. This sim- nately, this amendment will not get that point in time. There is no way in ply clarifies, once and for all, what has the 60 votes it needs. this country that is a policy the Amer- been standard policy at the Federal Let me put this into context. For ican people support. They don’t. They level going back to 1977. As the Senator pro-life Senators, this is the vote, but may be divided about abortion but not stated earlier, I believe it represents it doesn’t stop here. In my estimation, about Federal funding for elective the consensus view in America of both you are pro-life on every vote. You abortion. There is no division about Republicans and Democrats who be- don’t get a pass on this vote or that that at all. It has been very consistent lieve this is ground we can all stand on, vote or the next vote or whatever the policy, until we have seen the Reid bill, irrespective of where people come down vote is. You are pro-life all the way this particular piece of legislation. We on this issue; that the idea that some- through. have been quite consistent about this. how Federal taxpayer funds ought to Even if this amendment doesn’t pass, It is my hope my colleagues will say: I finance abortions is something most I wish to make the case that this bill may be pro-choice, but I have consist- Americans disagree with. That is why should not go forward because it lit- ently supported Hyde because I think there has been such broad, bipartisan erally will create a system, a struc- we should not be funding elective abor- support for this particular policy, and ture, a way to finance abortions. I tions. that is why it should be extended into don’t believe that is what this country I hope they will vote for the Nelson- the future. wants. Many Senators, including the Hatch amendment because of that very As the Senator from Utah said, 61 Senator from South Dakota and the feature. It is not about abortion, it is percent are against funding abortions. Senator from Kansas, have very clearly about the funding of elective abortions. But I have seen polls that suggest it is made the case that the people of the I hope we don’t go in that direction. much higher than that. I know it is United States do not want their tax I yield the floor. much higher in my State of South Da- dollars to go to buying abortions. The PRESIDING OFFICER. The Sen- kota. I commend the Senator for seeing My hope is, 60 Senators will step up ator’s time has expired. The Senator his way to offer an amendment that on this amendment. I will sure support from Montana has 3 minutes 17 sec- clarifies and removes all this ambi- it. I will speak everywhere I can in sup- onds. guity and what, to me, is clearly an in- port of it. I am so appreciative that Mr. BAUCUS. Madam President, with tentional ambiguity regarding this Senator NELSON and Senator HATCH respect to the last debate, let’s be clear issue and the underlying bill. and Senator CASEY brought this for- that the underlying bill keeps the Mr. HATCH. Madam President, I ask ward. I am glad to be a cosponsor. It is three-decades-old agreement that has unanimous consent that Senator my hope this amendment will pass. implemented the Hyde amendment to CORNYN be added as a cosponsor to the It is my conviction that we need to separate Federal funds from private Nelson-Hatch-Casey amendment. stand strong throughout this debate funds when it comes to reproductive The PRESIDING OFFICER. Without and make sure this language doesn’t health care. objection, it is so ordered. The Nelson-Hatch amendment is un- The Senator from Nebraska is recog- end up in the final bill. I yield the floor. necessary. It is discriminatory against nized. Mr. JOHANNS. Madam President, The PRESIDING OFFICER. The Sen- women. Women are the only group of how much time remains? ator from Kansas is recognized. people who are told how to use their The PRESIDING OFFICER. There is Mr. BROWNBACK. Madam President, own private money. That is unfair. 4 minutes remaining. I think the Catholic bishops have put it On another matter, with respect to Mr. JOHANNS. Madam President, I as concisely as anybody: the McCain motion, let me explain a have been on the floor a number of In every major Federal program where little bit about Medicare Advantage times debating this issue, a while back Federal funds combine with nonfederal funds and how it works. Essentially, the on a motion to proceed and since this (e.g. state or private) to support or purchase Medicare Advantage Programs are in- health coverage, Congress has consistently amendment has come up. I wish to tell surance companies. They are insurance sought to ensure that the entire package of companies that have their own officers, the Senator from Utah that I don’t be- benefits excludes elective abortion. For ex- lieve I have seen a more concise, clear ample, the Hyde amendment governing Med- directors, their own marketing plans explanation of the history of the Hyde icaid prevents the funding of such abortions and their own administrative costs and language than I saw over the last half not only using federal funds themselves, but they are concerned about the rate of hour of debate on the Senate floor. The also using the state matching funds that return on investment for their stock- Senator laid it out perfectly. The Sen- combine with the federal funds to subsidize holders. These are simple, garden vari- ator laid out how we have, over a long the coverage. A similar amendment excludes ety, ordinary insurance companies. elective abortions from all plans offered period of time, stayed with that Hyde In this case, they are insurance com- under the Federal Employees Health Bene- panies that get general revenue from language. That was the agreement that fits Program, where private premiums are had been reached. supplemented by a federal subsidy. Where payroll taxes and premiums. They are Our colleague from Texas said this is relevant, such provisions also specify that basically insurance companies that a foot in the door, and I agree with her. federal funds may not be used to help pay for give benefits to senior citizens. These If this Reid bill passes with the current administrative expenses of a benefits pack- insurance companies are overpaid. language on abortion, it is not only a age that included abortions. Under this pol- There is not much disagreement that foot in the door but, in my estimation, icy, those wishing to use state or private they are overpaid. How are they paid? it kicks down the door. It kicks down funds to purchase abortion coverage must do Well, believe it or not, these insurance so completely separately from the plan that companies—Medicare Advantage the door and sets up structure for the is purchased in whole or in part with federal Federal funding of abortions. That is financial assistance. This is the policy that plans—are paid according to the what we are going to end up with. health care reform legislation must follow if amount Congress sets in statute. That A couple weeks ago, I came to the it is to comply with the legal status quo on is their payment rate, what Congress floor when we were debating the mo- federal funding of abortion coverage. All of sets in statute.

VerDate Nov 24 2008 03:18 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.020 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12664 CONGRESSIONAL RECORD — SENATE December 8, 2009 The problem is, by doing so, these system which sets statutory amounts utes, Senator LAUTENBERG for 5 min- preset rates overstate the actual cost in effect. Rather, we say, OK, why not utes, Senator HARKIN for 5 minutes, of providing care by 30 percent. We pay have these companies bid? Let them and Senator CARDIN for 5 minutes. more than it costs to provide care by compete based on costs in their re- We have many Members who wish to about 30 percent, in many cases. These gions. One region of the country is dif- come and speak, and I would urge them overpayments also clearly promote in- ferent from another region of the coun- to contact us. I will just take a minute efficiencies in Medicare. Also, these try. We are going to say what is fair to get my notes in order, so I suggest payments have not been proven to in- here to get rid of a lot of waste and the absence of a quorum, and the time crease the quality of care seniors re- overpayments is provide that Medicare should be taken off our time. ceive. In the estimate I saw, about half Advantage plans can compete in their The PRESIDING OFFICER. The the Medicare Advantage plans have area based on cost. clerk will call the roll. care coordination and half don’t. Half The plan will be paid the average bids The legislative clerk proceeded to are no better than ordinary fee-for- that are based on competition in the call the roll. service plans. Because of this broken, area. We, the authors of this bill, think Mrs. BOXER. Mr. President, I ask irrational payment system, some plans that is a far better way of paying for unanimous consent that the order for receive more than $200 per enrollee per Medicare Advantage. the quorum call be rescinded. month and others receive about $36 per Will that reduce payments to bene- enrollee per month. The PRESIDING OFFICER. Without ficiaries? Certainly no. All guaranteed objection, it is so ordered. Again, the payment rates are set by benefits are guaranteed in this legisla- Mrs. BOXER. Mr. President, we are statute, relating to fee for service in tion. In fact, I am going to check up on in the middle of a very important de- the area. It is broken. It doesn’t make another statistic. I heard somewhere bate about whether we are going to sense. It causes great dislocations and under this legislation there will be an move forward and make sure our peo- differences in the payment rates. increase of enrollees—not a decrease, ple in America have health care. That Frankly, under this broken system, all an increase of enrollees. I am going to is what it is about. I am going to throw beneficiaries are not receiving the track that down because I want to be out a few numbers that are always on same care. I believe all beneficiaries sure I am accurate. my mind as I talk about this issue. One should be able to have access to the I will conclude. I want to talk more of them is 14,000. Every day, 14,000 best care, not just those who happen to about this issue later. There may be a Americans lose their health insurance. live in States with high payment rates. separate amendment on this subject of- It is not because they did anything The PRESIDING OFFICER. The Sen- fered on our side. By and large, it is wrong. A lot of times it is just because ator’s time has expired. wrong to continue a current system Mr. BAUCUS. Madam President, I they get sick and their insurance com- that dramatically overpays and where ask unanimous consent to continue for pany walks away from them or they 86 percent of the overpayment goes to an additional 5 minutes. may reach the limit of their coverage, the company and only 14 cents goes to The PRESIDING OFFICER. Without which they didn’t realize they had, and the beneficiaries. We have to come up objection, it is so ordered. they are done for. They could lose their with a fair way of paying Medicare Ad- Mr. BAUCUS. Madam President, I job and suddenly they can’t afford to vantage. I think a fair way is to have have said these Medicare Advantage pay the full brunt of their premium. the companies competitively bid based plans are overpaid. Nobody disagrees They could get sick and then all of a on cost in their areas. That way they with that. They are overpaid. The Sen- sudden are now branded with a PC— are going to get reimbursed at a level ator from Oklahoma, Mr. COBURN, and that is not a personal computer, it that is relevant to their area, and it is when I asked him a few days ago if he is a preexisting condition—and they also relative to the cost they incur thought they were overpaid, said: Yes, can’t get health care. when they run their plans. I will have they are overpaid. The MedPAC advi- So we are in trouble in this country, sory board tells us: Yes, they are over- more to say about that later. I yield the floor. with 14,000 Americans a day losing paid. their health care, and a lot of them are Here is a statement made by Tom f working Americans. As a matter of Scully, former Administrator of the RECESS fact, most of them are working Ameri- Center for Medicare and Medicaid Serv- cans. Sometimes a child, for example, ices: The PRESIDING OFFICER. Under will reach the age where they can no I think Congress should take some of it the previous order, the Senate stands away. There’s been huge over-funding. in recess until 2:15 p.m. longer be covered through their par- ents’ plan, and the child might have There are lots of other citations from Thereupon, the Senate, at 12:34 p.m., had asthma. When they go to the doc- Wall Street analysts and others in the recessed until 2:15 p.m. and reassem- tor, they beg the doctor not to say they industry saying clearly the Medicare bled when called to order by the Pre- have asthma. I have doctors writing to Advantage plans are overpaid. Frankly, siding Officer (Mr. FRANKEN). me saying that parents are begging we, in Congress, put a statutory provi- f them: Please, don’t write down that sion in law that has caused this over- SERVICE MEMBERS HOME OWNER- my child has asthma; say she has bron- payment. Clearly, we should fix it. SHIP TAX ACT OF 2009—Resumed In addition, something that is pretty chitis because when she goes off my alarming is, according to a study I saw, The PRESIDING OFFICER. The Sen- medical plan, she is going to be brand- only about 14 cents on the dollar of ator from California is recognized. ed with a preexisting condition. So extra payments to Medicare Advantage Mrs. BOXER. Mr. President, I ask 14,000 Americans a day, remember that plans goes to beneficiaries—only 14 unanimous consent that the time be- number. cents—which means 86 cents on the tween 2:15 p.m. and 4:15 p.m. be equally Then, Mr. President, 66 percent, that dollar goes to the company, not to the divided between the two leaders, or is the percentage—66 percent—of all beneficiaries, not to the enrollees but their designees, in alternating 30- bankruptcies that are due to a health to the companies—‘‘the companies’’ minute blocks of time, with the major- care crisis. People are going bankrupt meaning the officers, directors, admin- ity controlling the first 30 minutes and not because they didn’t manage their istrative costs, marketing costs, rate the Republicans controlling the second money well or they didn’t work hard of return. It is to the company, any or- 30 minutes; further, that no amend- and save but because they are hit with dinary, garden variety company. ments be in order during this time. a health care crisis and either they had Therefore, it behooves us to find a bet- The PRESIDING OFFICER. Is there no insurance or the insurance refused ter way to pay Medicare Advantage objection? them. The stories that come across my companies so it is efficient, there is not Without objection, it is so ordered. desk, as I am sure yours, are very waste, and payments go primarily to Mrs. BOXER. Mr. President, since heartbreaking. So people are going enrollees, to beneficiaries. this is the 30 minutes of time for our bankrupt. They lose their dignity, they How do we do that? This legislation side, I ask that I be recognized for 10 lose everything because of a health moves away from the current archaic minutes, Senator MURRAY for 5 min- care crisis.

VerDate Nov 24 2008 03:18 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.021 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12665 Yesterday, I brought up a couple of can be used for abortion, but private concerns we have, and I rise today not numbers—29 out of 30 industrialized na- funds can be used as long as abortion is only in strong opposition to the Nelson tions. That is where we stand on infant legal, and it is. Roe v. Wade made it amendment but in strong support of mortality. We are not doing very well. legal in the early stages of a preg- women’s health care choices, which It is no wonder; more than 50 percent nancy. Women have had that right. this amendment would eliminate. of the women in this Nation are not Well, this amendment says there is Mr. President, we can’t allow a bill seeking health care when they should. one group of people we are going to that does so much for women and for They are putting it off or they are treat differently. We are going to take families and for our businesses and for never getting it. No wonder we don’t do one procedure, that only applies to the future strength of this Nation to well with infant mortality. them, and say they can’t buy health in- get bogged down in ideological politics Now, why don’t women do this? Be- surance for that procedure—only if it is because in every single sense of the cause they either don’t have insurance a separate rider, which everyone knows word, health insurance reform is about or they do not have good enough insur- is unaffordable, impractical, and will choices—giving options to those who ance or they can’t afford the copay or not work. don’t have them: options for better they are fearful. They are fearful that I don’t see any amendment saying to care or better quality, and insurance maybe if they go this time, the insur- men that if they want to have a proce- that is within reach. This bill was ance company will say: No more. dure that relates to their reproductive never supposed to be about taking We rank 24 out of 30 industrialized health they can’t use their own private away choices, and we cannot allow it nations for life expectancy. My con- money to buy coverage for it. No, it is to become that. stituents are shocked to hear that. not in there. We don’t tell men, if they Mr. President, this bill already does They are shocked at the infant mor- want to make sure they can buy insur- so much for millions of women across tality ranking, and they are shocked at ance coverage through their pharma- America. Already so far, the Senate the life expectancy ranking. I have ceutical plan for Viagra, that they has passed Senator MIKULSKI’s amend- heard my Republican friends try to ra- can’t do it. No, we don’t do that, and I ment to be sure that all women have tionalize this: Well, it is because our wouldn’t support that. It would be access to quality preventive health population is diverse—and all the rest. wrong. Well, it is wrong to single out care services, and that screenings, This is the most powerful, richest Na- women and to say to the women of this which are so critical to keeping women tion on Earth. There is no reason we country that they can’t use their own healthy, are available. This underlying have to be 24 out of 30 in terms of our private funds to purchase insurance bill will also help women by ending dis- life expectancy, especially when we that covers the whole range of repro- crimination based on gender-rating or know so much of our problem deals ductive health care. gender-biased preexisting conditions, with about five diseases—diseases such You have to look behind this amend- on covering maternity care, preventive as diabetes, which can be prevented ment to understand how pernicious it care and screenings, including mammo- and certainly treated. really is. I have five male colleagues on grams and well-baby care, expanding The last number I will talk about is the other side of the aisle who were on access to coverage even if an employer 45 percent. The average family in the Senate floor for at least an hour or doesn’t cover it, and giving freedom to America, by 2016, if we do nothing, will so talking about this amendment, and those who are forced to stay in abusive be paying 45 percent of their income on one thing about each and every one of relationships because if they leave, premiums. Now, this is disastrous, and them, they want to make abortion ille- they or their children could lose their 2016 is around the corner by my cal- gal. There is no question about it. They coverage. culations. So that means more and want to take away a woman’s right to Mr. President, the amendment before more of us will not be able to afford in- choose, even in the earliest stages of us today would undermine those efforts surance, and we are going to show up the pregnancy, even if it impacts her and goes against the spirit and the goal at hospital emergency rooms. That health, her ability to remain fertile, or of this underlying bill. All Americans costs a lot and the outcomes are bad her ability to avoid a very serious should be allowed to choose a plan that and America will continue on this health issue such as a heart problem, a allows for coverage of any legal health downward spiral in relation to our stroke. They do not want to have an care service, no matter their income, health care system. exception for a woman’s health. No and that, by the way, includes women. Why do I take time to talk about this question, that is what they want. But if this amendment were to pass, it issue? It is because we need to keep our The PRESIDING OFFICER. The Sen- would be the first time that Federal eye on the big picture, and the big pic- ator’s 10 minutes has expired. law would restrict what individual pri- ture is not a pretty picture for our peo- Mrs. BOXER. I ask unanimous con- vate dollars can pay for in the private ple right now. The status quo is not be- sent for an additional 30 seconds, and health insurance marketplace. nign, it is not neutral, it is cruel. then I will turn to Senator LAUTEN- Let me repeat that: If this amend- Every one of us could wake up in the BERG. ment were to pass, it would be the first morning having lost a job and having The PRESIDING OFFICER. Without time that Federal law would restrict no health care. So what we are doing is objection, it is so ordered. what individual private dollars can pay going to help every American, and I Mrs. BOXER. So to sum up my part, for in the private health insurance think one of the best things we do in the amendment that has been offered marketplace. the underlying bill is to make sure by Senators NELSON, HATCH, VITTER, Now, the opponents of this bill have that health care premiums are afford- BROWNBACK, et al., hurts women. It sin- taken to the floor day in and day out able for everyone. That is the key, and gles out one legal procedure and says: for months arguing that this bill takes we do it in a number of ways. You know what. You can’t use your away choice. This bill doesn’t take But, Mr. President, in the middle of own private funds to buy insurance so away choice, Mr. President, but this all this, we have an amendment that that in case you need to use it for that amendment sure does. This amendment would roll back the clock on women’s legal procedure, you can. So I hope we stipulates that any health plan receiv- rights. I am here to say, as I said last will vote it down. ing any funds under this legislation night—and I am happy to see other col- I yield the floor, Mr. President, and cannot cover abortion care, even if leagues joining me—it is unacceptable note that Senator LAUTENBERG is here such coverage is paid for using the pri- to single out one group of people— for 5 minutes. Oh, I am sorry. May I vate premiums that health plans re- namely the women of this country— say that the order was Senator MUR- ceive directly from individuals. and tell them they can’t use their own RAY for 5 minutes to be followed by Simply put, the amendment says if a private money to buy an insurance pol- Senator LAUTENBERG for 5. health plan wants to offer coverage to icy that covers the range of reproduc- The PRESIDING OFFICER. The Sen- individuals who receive affordability tive health care. Why are women being ator from Washington is recognized. credits—no matter how small—that singled out? It is so unfair. Mrs. MURRAY. Mr. President, I coverage cannot include abortion. We have had a firewall in place for 30 thank the Senator from California for In this way, the amendment doesn’t years. It said this: No Federal funds her debate, for outlining the serious only restrict Federal funds, it restricts

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.024 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12666 CONGRESSIONAL RECORD — SENATE December 8, 2009 private funds. It doesn’t just affect hibit any of the health plans on the ex- against women in our current health those receiving some amount of afford- change from covering abortion. It will care system. Right now, our health ability credits, it also impacts people ban coverage even for women who don’t care bill takes a balanced approach to who are paying the entire cost of cov- get a dime in Federal subsidy. abortion coverage. It preserves existing erage but who just happen to purchase Women’s reproductive rights are al- Federal law. Women have fought since the same health plan as those with af- ways being challenged here in Con- this Nation’s founding to have full fordability credits. gress. What about men’s reproductive rights under the law, including suf- The bottom line: This amendment rights? Let’s turn the tables for a mo- frage, including many other things. would be taking away options and ment. What if we were to vote on a Unfortunately, this amendment would choices for American women. Viagra amendment restricting cov- force them to take a step backward. I There is no question this amendment erage for male reproductive services? don’t want to see it happen. goes much further than current law, no The same rules would apply for Viagra I urge my colleagues, please, use matter what our colleagues on the as being proposed for abortion. Of your judgment, make your own choices other side contend. Current law re- course, that means no health plan on about your own family. Make your de- stricts public funds from paying for the exchange would cover Viagra avail- cisions as to what you would rec- abortion except in cases of rape or in- ability. How popular would that de- ommend to a daughter or a wife. But cest or where the woman’s life is in mand be around here? I understand for God’s sake, let the woman choose danger. The existing bill before us rep- that abortion and drugs such as Viagra what is best for her. resents a genuine compromise. It pro- present different issues, but there is a I urge my colleagues to vote against hibits Federal funding of abortion, fundamental principle that is the same: the amendment. other than the exceptions I just men- restricting access to reproductive I yield the floor. tioned, but it also allows women to pay health services for one gender. This The PRESIDING OFFICER. The Sen- for coverage with their own private amendment is exclusively directed at a ator from Maryland. funds. It maintains current law; it woman’s right to decide for herself. It Mr. CARDIN. Mr. President, I rise in doesn’t roll it back. doesn’t dare to challenge men’s per- strong opposition to the Nelson-Hatch This amendment now before us would sonal decisions. amendment. Let me start by saying I have the good fortune of being a fa- be an unprecedented restriction on that I support a woman’s right of ther of three daughters and grand- women’s health choices and coverage. choice as a constitutionally affirmed father of six granddaughters. I am Health insurance reform should be a right. I understand how difficult and deeply concerned by the precedent this giant step forward for the health and divisive this issue is. That is why the amendment would set. I don’t want economic stability of all Americans. underlying bill we have before us car- politicians making decisions for my This amendment would be a giant step ries out the compromise that has al- daughters or my granddaughters when backward for women’s health and wom- ready been reached between pro-choice it comes to their health and well-being, en’s rights. Women already pay higher and pro-life supporters. It represents but that is exactly what this amend- costs for health care. We should not be maintaining the prohibition on Federal ment does. funds for abortion but allows a woman forced into limited choices as well. Nothing made me happier than when to pay for abortion coverage through We are standing on the floor today any of my daughters announced a preg- use of her own funds. That is current having a debate about a broken health nancy. I watched them grow and pros- law, and that is what the underlying insurance system. It is broken for per in their health and well-being, as bill makes sure we continue. women who are denied coverage or they were carrying that child. I was Many of us believe the health care charged more for preexisting condi- fully prepared to support a decision she debate is critically important. It is tions such as pregnancy or C-sections might make for the best health of that also controversial. Let’s not bring the or domestic violence. It is broken when new baby and protecting her health to abortion issue into the bill. The Nel- insurance companies charge women of be able to offer her love and care for a son-Hatch amendment would go beyond childbearing age more than men but new child, as I saw in my years. don’t cover maternity care or only I don’t want to stand here and think that. It would restrict a woman’s abil- offer it for hefty additional premiums. that somebody is going to make a deci- ity to use her own funds for coverage The status quo is not working. sion in this room that affects what my to pay for abortions. It blocks a woman Women and their families need health granddaughters or my daughters have from using her personal funds to pur- insurance reform that gives them op- to think about. If they want to restrict chase insurance plans with abortion tions, doesn’t take them away. themselves, let them do it. But how coverage. If enacted, for the first time I urge my colleagues to stand up for can we stand here and permit this to in Federal law, this amendment would real reform. Reject this shortsighted take place when we are trying to make restrict what individual private dollars amendment. people healthier and better informed? can pay for in the private insurance I yield the floor. This amendment wants to take away marketplace. The PRESIDING OFFICER. The Sen- that right. When you look at those who are sup- ator from California. Right now, the majority of private porting this amendment, you can’t Mrs. BOXER. Mr. President, I ask health insurance plans do offer abor- help but have some concern that this unanimous consent to amend the pre- tion coverage. This amendment would amendment is being offered as a way to vious order to give Senator LAUTEN- force private health insurance compa- derail and defeat the health care re- BERG 8 minutes, myself 2 minutes, and nies to abandon those policies, elimi- form bill. Most of the people who are Senator CARDIN 5 minutes. nate services, and limit a woman’s op- going to be supporting the amendment The PRESIDING OFFICER. Without tions. The amendment does not, con- will vote in opposition to the bill. It is objection, it is so ordered. trary to statements being made here quite clear that the Senate health re- The Senator from New Jersey. on the floor, simply preserve the Hyde form bill already includes language Mr. LAUTENBERG. Mr. President, language that has been in place for banning Federal funds for abortion throughout my service in the Senate, I more than three decades. Make no mis- services. So supporters of this bill are have been a strong supporter for health take, this amendment goes well beyond not satisfied with the current funding care reform. But we can’t allow reform the concept of limiting Federal funds ban; they are trying to use this to to be used as an excuse to roll back from paying for abortion. This amend- move the equation further in an effort women’s rights that they have had for ment would make it impossible for a to defeat the bill. This is really wrong almost half a century. That is why I woman who pays for her premiums out as it relates to women in America. strongly oppose the amendment offered of her own pocket to purchase a private I am outraged at the suggestion that by my friend, the Senator from Ne- health plan that offers her the right to women who want an abortion should be braska. I think he is wrong. choose what is best for her, for her able to purchase a separate rider to What this amendment does is remove health, and her family’s well-being. cover them. Why would we expect this a woman’s right to make her own deci- We have been working hard for a long overwhelmingly male Senate to expect sion, as a practical matter. It is to pro- time to eliminate discrimination women to shop for a supplemental plan

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.026 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12667 in anticipation of an unintended preg- that is women. It says to women that cut $120 billion from a program without nancy or a pregnancy with health com- they can’t use their own private funds cutting its benefits. A lot of seniors in plications? Who plans for that? The to buy coverage for the full range of re- Arizona are asking, What happened to whole point of health insurance is to productive health procedures. It the President’s repeated promise that protect against unexpected incidents. doesn’t say that to a man. It doesn’t if you like your insurance, you get to Currently, there are five States— say to men: You can’t use your own keep what you have? They do not like Idaho, Kentucky, Oklahoma, Missouri, funds to cover the cost of a pharma- the idea that under this bill their bene- and North Dakota—that only allow ceutical product that you may want for fits would be slashed by 64 percent, abortion coverage through riders. your reproductive health. It doesn’t from $135 of value per month to $49 of Guess what. The individual market say that they can’t use their own pri- value per month, which is exactly what does not accept this type of policy. It vate funds for a surgical procedure the Congressional Budget Office doesn’t exist. they may choose that is in the arsenal projects would happen. They do not Abortion riders severely undermine that they may choose for their own re- want the money they paid into Medi- patient privacy, as a woman would be productive rights. care going to fund a new government placed in a position of having to tell So we say to the men of this country: entitlement program for nonseniors. her employer or insurer and, in many Look, we are not going to single out They are not satisfied with the major- cases, their husband’s employer that any procedure or any pharmaceutical ity’s promise to protect ‘‘guaranteed’’ they anticipate terminating a preg- product you may want to use for your benefits. They want Members of Con- nancy. reproductive health care. We are say- gress to be straight about our inten- Also, requiring women to spend addi- ing, if a private insurer offers it, you tions and not engage in semantics. tional money to have comprehensive have the right to buy it. We are sin- They want an unequivocal promise health care coverage is discriminatory. gling out women. they will be able to keep exactly what We don’t do that for services that af- Again, let me say this as clearly as I they have now, just as the President fect men’s reproductive rights. can. We have had a firewall between promised. I hear frequently from my friends on the use of Federal funds and private Here is the problem. There is an ear- the other side of the aisle that the funds. Senator REID has kept that fire- mark buried on page 894 of the legisla- statements we make; that is, those wall in place in the underlying bill. He tion before us that suggests that senior who support the underlying bill—that keeps the status quo of the Hyde citizens in Florida must have insisted this allows individuals who currently amendment. The group here who is on this exact kind of protection for have insurance to be able to maintain coming on the floor continually—most- their Medicare Advantage as well. their insurance builds on what is good ly men; I think so far all men; there This provision, in section 3201(g), was in our health care system. This amend- may be some women who have spoken specifically drafted at the request of ment takes away rights people already on their behalf, but I have not heard the senior Senator from Florida to pro- have. So if you have insurance today as it—are basically saying: Forget the tect the benefits for at least 363,000 Medicare Advantage beneficiaries in an individual that covers abortion firewall. Forget it. Women, you cannot Florida but very few anywhere else. services, if this amendment were use your private funds, and govern- Nothing in the bill grants the same adopted, you will not be able to get ment will tell you what you can or can- protection that is granted to these sen- that. So we are denying people the not do. I will tell you something. That ior citizens to those in my State or in ability to maintain their own current is not what Uncle Sam should do. the other States in which there are a insurance, if this amendment were Uncle Sam should respect women, lot of seniors who have the Medicare adopted. should respect men. I hope we defeat It is the wrong amendment. The pol- Advantage Program. this amendment. That is why I support the motion of icy is wrong. But clearly, on this bill it I yield the floor. my colleague, Senator MCCAIN, to com- is wrong. The PRESIDING OFFICER. The Sen- mit this bill to the committee and re- I urge my colleagues to accept the ator’s time has expired. turn it without these—actually, what compromise reached on this bill. Many The Senator from Wyoming. his bill does is to ensure that all sen- of us who would like to see us be more Mr. ENZI. Mr. President, I yield up iors, whatever State they are in, enjoy progressive in dealing with this issue to 10 minutes to the Senator from Ari- the same grandfathering status as the and remove some of the discriminatory zona. senior citizens in Florida would have provisions in existing law understand The PRESIDING OFFICER. The Sen- under the Nelson proposal. we will have to wait for another day to ator from Arizona. The McCain motion to commit is Mr. KYL. Mr. President, America’s do that. Let’s not confuse the issue of straightforward. First of all, it would health care reform. Let’s defeat this seniors have made clear they value the help the President keep his commit- amendment that would be discrimina- Medicare Advantage Program. They ment that seniors get to keep their in- tory against women. That is wrong. like their access to private plans, plan surance if they like it. And it applies I urge my colleagues to reject the choices, lower cost sharing, and all the to all of America’s seniors the same Nelson-Hatch amendment. extra benefits not included in tradi- protection granted to Floridians, as I I yield the floor. tional Medicare, such as vision, dental, said. Isn’t that what all seniors de- The PRESIDING OFFICER. The Sen- hearing, and the wellness programs serve, the security of knowing their ator from California. that help them stay fit. current benefits are safe? If our Demo- Mrs. BOXER. Mr. President, I thank Before the Medicare Modernization cratic colleagues are not willing to ex- Senators MURRAY, LAUTENBERG, and Act of 2003, seniors had been decrying tend this protection to every Medicare CARDIN for participating in our half their lack of choices. We made sure, Advantage beneficiary, then I cannot hour of debate. Our block of time has under the Medicare Modernization Act, imagine how they can claim to be in almost expired. I would like to close that seniors would be assured health favor of protecting Medicare. the half hour by saying one word that care choices, just as all of us here in I have been sharing letters that I I think is a beautiful word, and that the Congress enjoy. have received from Arizona constitu- word is ‘‘fairness.’’ ‘‘Fairness’’ is a Now that they have access to private ents describing what the Medicare Ad- beautiful word. It should always be the coverage and enjoy more benefits and vantage Program means to them. I centerpiece of our work here. We choices, seniors want us to make sure thought today I would share some ex- should never single out one group of Medicare Advantage stays viable, and cerpts from a few more of these letters. people as targets. We should treat peo- they are not happy about the proposed A constituent in Surprise, AZ—I hope ple the same. cuts in the majority leader’s bill. the Presiding Officer likes the name of It has been very clearly stated that I have received more than 500 phone that town: Surprise, AZ—just west of the Nelson-Hatch amendment, like the calls since November 1 from constitu- Phoenix, says: Stupak amendment in the House, sin- ents who oppose the $120 billion Medi- I truly hope you will consider keeping the gles out an area of reproductive health care Advantage cuts proposed by the Medicare Advantage plans for seniors. I find care that only impacts one group, and majority’s bill. They know you cannot the savings a must on my fixed income.

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.027 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12668 CONGRESSIONAL RECORD — SENATE December 8, 2009 I appreciate the [high quality] doctor care Mr. ENZI. Mr. President, I yield up I yield the floor. on my MediSun Advantage plan. Prescrip- to 10 minutes to the Senator from The PRESIDING OFFICER (Mr. tions are included in the cost of my plan, Ohio, Mr. VOINOVICH. UDALL of Colorado). The Senator from providing further savings for me. Medicare The PRESIDING OFFICER. The Sen- Wyoming. Advantage has made a real difference in my ator from Ohio. Mr. ENZI. Mr. President, I yield up life. Please don’t let anything happen to this Mr. VOINOVICH. Mr. President, I to 10 minutes to the Senator from important program. want to spend a minute discussing the Idaho, Mr. CRAPO. A constituent from Fountain Hills, very emotional and divisive issue of Mr. CRAPO. Mr. President, I rise AZ, writes: abortion. I personally believe that all today to discuss the Medicare Advan- I suffer from a specific type of children, born or unborn, are a precious tage Program again. It is one that is amyotrophic lateral sclerosis, and rely on gift from God, and we have a moral re- facing nearly $120 billion in cuts under Medicare Advantage for all of my medical needs. I am asking that you do all that is in sponsibility to protect them. It grieves the Democratic health care bill. your power to protect and provide for the me to think that there have been more Currently, there are nearly 11 million continued funding of this program. In Ari- than 40 million abortions performed in seniors enrolled in Medicare Advan- zona, we have over 329,000 people who count this country since 1973. tage, which is about one out of every on Medicare Advantage. Our lives would be I am pleased to support the Nelson four seniors in the United States. In devastated without it. amendment that would apply the long- my home State of Idaho, that is about A constituent from Wickenburg, AZ, standing Hyde amendment, which cur- 60,000 people or 27 percent of all Medi- says: rently prohibits Federal funding to pay care beneficiaries in the State. Please don’t let anything happen to my for abortion services except in cases of Medicare Advantage is an extremely Medicare Advantage. I like my Medicare Ad- rape, incest, or to save the life of the popular program. In fact, it is probably vantage plan because I can choose my own mother, to the health care reform bill. the most popular and fastest growing doctor in my own town and also choose a The issue of abortion is one that re- part of Medicare. A 2007 study reported specialist if I need one. sults in very strong emotions on both high overall satisfaction with the I can also get regular check-ups and don’t sides of this issue. Because of the con- Medicare Advantage Program. Eighty- have trouble getting to see the doctor. So, I four percent of the respondents said ask that you don’t let the government cut cerns that millions of Americans have my Medicare Advantage. with using Federal taxpayer dollars for they were happy with their coverage, and 75 percent would recommend Medi- A constituent from Mesa, AZ, says: abortion, Congress enacted the Hyde amendment. As my colleagues know, care Advantage to their friends or fam- I am a senior citizen. I am becoming more ily members. and more concerned about President the Hyde amendment has restricted Obama’s healthcare plans, and I am writing Federal Medicaid dollars from paying But despite the popularity of the pro- to tell you that I am happy with my Medi- for abortion services since 1977, and has gram, the massive cuts in the Reid bill care Advantage plan. I request that you do been applied to all other federally will result in most seniors losing bene- all you can not to cut my benefits. funded health care programs, including fits or coverage or both under Medicare I have a fairly wide choice of doctors and the Federal Employees Health Benefits Advantage. specialists, who have always treated me with Program. I have a chart in the Chamber which respect, given me the time I feel I need, and Think about that, this language has I have shown before. You cannot see have given me excellent care. the individual States too well on it I have a fitness benefit, which entitles me been in place since the Ford adminis- to the Silver Sneakers program at our local tration, and has survived through the from this distance at this size, but you YMCA; two choices of a dental plan; a vision administrations of Presidents Carter, can see the coloring on the United plan; plus many other options to maintain Reagan, George H.W. Bush, Clinton, States in this chart. my level of health or to try to improve it. and George W. Bush. That is 33 years, If you live in a State that is red, deep Please, I beg you, do whatever you can to and all of a sudden, my colleagues want red, or the pinkish color—which is al- maintain our Medicare Advantage plan. Do to change our policy on Federal fund- most every State in the Union—then NOT cut any of our benefits. ing of abortion. you are going to see your benefits cut We know there are millions of seniors We shouldn’t be making this type of under Medicare Advantage under this out there who absolutely depend on sweeping policy change in the health bill. Medicare Advantage. Many have sto- care legislation, and the Nelson amend- Why am I bringing it up again? We ries to tell about how this program has ment is a necessary addition to the bill have already had a vote on it. In fact, improved the quality of their life and in order to protect our current policy we have had two votes on it. The ma- their health. I urge my colleagues to and the unborn. jority has insisted on keeping these support the McCain motion to commit I understand that not everyone in cuts in the bill. The reason I am bring- to ensure that all of America’s seniors, this country agrees with my position ing it up again is because, as we have not just those in certain preferred on abortion, but I am deeply concerned combed through this 2,074-page bill, we counties, primarily located in the about the possible implications of have found out there is a provision in State of Florida, are grandfathered in spending taxpayer dollars on abortions the Reid bill that would protect Medi- these benefits. when the issue so deeply divides Ameri- care Advantage benefits for some peo- Again, to make it very clear, Medi- cans on ethical grounds. ple in the United States, for just a few care Advantage benefits are cut by the While as I have said, I don’t agree in this country. $120 billion reduction in Medicare with abortion and believe Roe v. Wade During the Finance Committee under the bill. The Senator from Flor- should be overturned, the Nelson markup, Senator BILL NELSON of Flor- ida found a way to grandfather the amendment does not prohibit anyone ida advocated on behalf of Medicare Medicare Advantage benefits for many from seeking an abortion, it does not Advantage and the beneficiaries in his of his constituents. What the McCain overturn Roe v. Wade, and it does not home State of Florida. Subsequently, motion to commit does is to apply that place any new restrictions on access to during closed-door negotiations, the same grandfathering to all seniors in abortions. legislative language was added to pro- all States so that none of the seniors It simply ensures that the taxpayer tect those beneficiaries. who have Medicare Advantage today dollars will not pay for services that This is interesting because one of the would lose any of the benefits they cause such deep moral divisions in our responses to us, as we have tried to enjoy today. Nation. I think it is notable that this stop the imposition of these cuts to It seems to me what is good for our amendment is one of the few bipartisan Medicare, has been this bill will not senior citizens in Florida ought to be amendments that the Senate will con- cut any Medicare benefits. Well, if not, good for our senior citizens in Arizona sider as part of this debate. then why does Florida need a special or any other State in which they re- I am pleased that a similar amend- exemption for its citizens? If not, why side. I urge my colleagues to consider ment in the House of Representatives not support the McCain amendment and to support the McCain motion to passed with a convincing margin, and I that would give the same protection to commit. urge my colleagues to support the Nel- all Medicare Advantage beneficiaries The PRESIDING OFFICER. The Sen- son-Hatch amendment before the Sen- that the bill gives to primarily just a ator from Wyoming. ate. few in Florida?

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.028 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12669 Specifically, section 3201(g) of the McCain motion to commit is simply an tized a few minutes after birth, as she Reid bill, very deep in the bill on page amendment that will protect nearly 11 worked and struggled to live. Watching 894, has a $5 billion provision drafted to million seniors today enrolled in the an infant fight with every fiber of her prevent the drastic cuts in the Medi- Medicare Advantage Program and help being, unquestionably showing the de- care Advantage Program from impact- to keep the President’s promise when sire to live, even though they are only ing those enrollees who reside pri- he said if you like what you have, you 6 months developed, is something that marily in three counties in Florida: can keep it. If this bill is not amended will show you the value of life. Amy Broward, Miami-Dade, and Palm in the way it is being proposed to be survived and is now a teacher so gifted Beach. It seems unfair that taxpayers amended by Senator MCCAIN’s amend- she teaches other teachers. would foot a $5 billion provision that ment, 11 million Americans are not Amy’s birth changed my whole out- provides protection for only some of going to be able to keep what they look on life. It reminded me of the mir- the Medicare Advantage beneficiaries. have in the Medicare Program, and acle of life and the respect we owe that It certainly proves there are cuts to that is just a start on the impact of miracle. The Reid bill, as it is cur- Medicare Advantage benefits in this what people in America are going to rently, does not respect life. But the bill; again, benefits that one out of four see under this legislation in terms of a amendment before us will allow that beneficiaries in America receives—one reduction of their benefits and the respect to be given to every American of the fastest, if not the fastest, grow- quality of services they have access to. who benefits from that bill. ing parts of Medicare. Instead of pref- I urge my colleagues to support this On September 9, President Obama told a joint session of Congress: ‘‘No erential treatment for some, why not amendment, and I yield the floor. Federal dollars will be used to fund extend these same protections for The PRESIDING OFFICER. The Sen- abortions.’’ I agree. No Federal dollars Medicare Advantage to all bene- ator from Wyoming. should ever be used to pay for abor- ficiaries under Medicare? I know the Mr. ENZI. I yield myself the balance of the time. tions. To do otherwise would compel 60,000 Medicare beneficiaries on Medi- millions of taxpayers to pay for abor- AMENDMENT NO. 2962 TO AMENDMENT NO. 2786 care Advantage in Idaho, my home tion procedures they oppose on moral Mr. President, I rise to speak in sup- State, want and deserve that same or ethical grounds. Unfortunately, the port of the Nelson amendment. We level of protection. Reid bill fails to meet that standard That is why I am here to support the have been talking about the McCain set by the President. Section 1303 of McCain motion to commit, and that is amendment, which provides fairness the bill provides the Secretary the au- what his motion to commit would ac- for seniors who have Medicare Advan- thority to mandate and fund abortions. complish, very plain and very simple. tage so everybody across the country Some have questioned exactly how The McCain motion would extend can have the same thing Florida is get- this bill funds abortions. It is quite this grandfathering provision to all ting. But the critical amendment I simple. The bill funds abortions beneficiaries in the Medicare Advan- wish to talk about is the Nelson through the government-run insurance tage Program so all seniors in this pop- amendment. option and through subsidies to indi- ular and successful program could This amendment needs to be adopted viduals to help pay for the cost of pri- maintain that same level of benefits if we truly want to prevent Federal vate insurance. Both of these options that today they enjoy under the cur- dollars from being used to pay for abor- are funded with Federal dollars. Under rent law. Every senior in the Medicare tions. I am asking my colleagues to the community health insurance op- Advantage Program deserves to keep support a Democratic amendment. This tion, also known as the government- these critical extra benefits, which in- isn’t a partisan issue; it is a human run plan, the Secretary of Health and clude things such as dental protection, issue. Even if you are on the other side, Human Services could allow the plan vision coverage, preventive and I hope you can agree it is not right to to cover abortions. In addition, the new wellness services, flu shots, and much force people to pay for a procedure tax subsidies in the bill could also go more. they may find offensive to the core of to private plans that cover abortions. In fact, most people who are not on their morality. This issue is very per- In both these cases, Federal subsidies Medicare Advantage in the Medicare sonal for many of us. It is for me. would be paid to plans that cover abor- Program have to buy supplemental in- When my wife Diana gave birth to tion. surance to get access to this coverage. our first child, Amy was 3 months pre- The Reid bill attempts to use budget Those in Medicare Advantage, which is mature. She weighed just 2 pounds and gimmicks so its sponsors can argue one of the reasons it is such a popular the doctor’s advice was: Wait until that Federal funds will not pay for program, have the opportunity to get morning and see if she lives. The doc- abortions. As the accountant in the it through their Medicaid services. tors couldn’t do anything to help this Senate, I am not fooled by these gim- Why is Medicare Advantage so op- newborn baby. She survived the night. micks and neither should anyone else posed? Well, some say it is because of The next day I took Amy to a hos- be. If the Reid bill is passed, Federal the extra costs, except that the extra pital in Casper. An ambulance wasn’t dollars will be used to pay for abor- costs in Medicare Advantage are re- available so we went in a Thunderbird. tions. turned to the government or shared It was in a huge blizzard, the same bliz- Money is fungible. That is an inter- with the beneficiaries. I think the rea- zard that prevented us to fly Amy to a esting word. It means Federal dollars son might be because Medicare Advan- hospital in Denver that specialized in paid into a health plan could be shifted tage is one part of the Medicare Pro- that. But we took this car and went to across accounts. We don’t have a good gram that we have successfully been the center of the State to the biggest accounting system for that. It can re- able to turn over to the private mar- hospital to get the best care we could place other spending and those dollars kets for operation. Interestingly, when find. We ran out of oxygen on the way could then go to pay for abortions. the private sector gets involved in ad- because the snow slowed us. The high- There is no way to absolutely prevent ministering this part of the Medicare way patrol was looking for us, and they Federal dollars from paying for abor- Program, the Medicare beneficiaries were looking for an ambulance. All tions once they are paid to plans that get more benefits, and it becomes the along the way, we were watching every cover abortions. most popular program in Medicare. breath of that child. That is why Federal laws for the last I know my colleague from Pennsyl- We arrived at the hospital in Casper 30 years have explicitly prohibited Fed- vania, Senator CASEY, has filed an and put her in the care of doctors. eral funding going to such plans. That amendment to protect the 864,000 Medi- There were several times when Diana is right. It is already Federal law, al- care Advantage beneficiaries in his and I went to the hospital and found though it comes in, in the appropria- home State, and I would expect strong her isolette with a shroud around it. tions bill, on an annual basis. Federal bipartisan support for the McCain mo- We would knock on the window and the law currently prohibits funds going to tion to commit, since I think every nurses would come and say: It is not pay for abortions under the Medicaid Senator representing their constitu- looking good. We had to help her to Program, under FEHBP—that is the ents in their State wants to see this breathe again or: Have you had your program where we get our health insur- kind of protection. At the end, the baby baptized? We did have Amy bap- ance; it is the one that provides all the

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.035 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12670 CONGRESSIONAL RECORD — SENATE December 8, 2009 health insurance for all Federal em- Some have also said this amendment can’t get certain drugs, under a phar- ployees, the same choices of plans—and would ban abortion procedures. That, maceutical benefit, they may need for the TRICARE Program, which is for all too, is false. The amendment does not their reproductive health care. Imagine our Active military and their families. ban abortions; it simply prohibits Fed- if the men in this Chamber had to fill Current law recognizes the only way eral dollars from paying for abortions, out a form and get a rider for Viagra or to actually prevent Federal funds from which is consistent with the current Cialis and it was public. Forget about being used to pay for abortion is to law. it. There would be a rage in this Cham- offer the coverage of abortion in sepa- Many of my Democratic colleagues ber. rate insurance plans and collect sepa- have argued during the debate that the We are just saying treat women fair- rate premiums to pay for that plan. health care we provide under this bill ly. Treat women the same way you This is what States who want to cover should be as good as the coverage given treat men. Let them have access to the abortion for their Medicaid populations to Senators. If they believe that, they full range of legal reproductive health already do. As I said earlier, Medicaid should all support applying the same care. That is all we are saying. Vote no is prohibited from using Federal dol- rules regarding abortion coverage that on this amendment, the Nelson-Hatch lars to pay for abortions. As a result, apply to our own health plans. Federal amendment, because HARRY REID takes States set up separate plans and collect employees’ plans are prohibited from care of the firewall between private non-Federal dollars in separate ac- covering abortion—all Federal employ- funds and Federal funds. We keep that counts to pay for those services. ees, not just Senators. firewall. If anyone has any doubts about the I will work hard to see that tax- Is it OK if Senator DURBIN goes after impact of the Reid bill, I would point payers are not compelled to fund abor- Senator STABENOW? them to the comments made by the tion services. I believe those of us in Mr. DURBIN. Yes. senior staff at the U.S. Conference of elected office have a duty to work to The PRESIDING OFFICER. The Sen- Catholic Bishops. The associate direc- safeguard the sanctity of human life, ator from Michigan is recognized. tor, Richard Doerflinger, recently de- since the right to life was specifically Ms. STABENOW. Mr. President, first, scribed the Reid bill as ‘‘completely named in the Declaration of Independ- I thank the Senator from California for unacceptable’’ and said it was the ence. By safeguarding our right to life, her passionate advocacy and standing worst health reform bill they had seen our government fulfills the most funda- up for all of us, the women of this so far on life issues. mental duty to the American people. country. She is a mom, as she said. I, It is probably worth it to note that When that right is violated, we violate too, am a mom. As hard as it is for me the bishops have been longtime sup- our sacred trust with our Nation’s citi- to believe, I am also a grandmother porters of health care reform and cov- zens and the legacy we leave to future with wonderful 2-year-old Lily and a ering the uninsured. Similarly, Na- generations. little grandson Walter, who was born tional Right to Life said the Reid bill Regardless of what some people on his daddy’s—my son’s—birthday in ‘‘seeks to cover elective abortions in think, God doesn’t make junk. He August. Obviously, they are the light two big new Federal health programs, makes people in a variety of sizes, of my life, as well. but tries to conceal that unpopular re- shapes, and abilities, and disabilities. One of the reasons I feel so pas- ality with layers of contrived defini- There is a purpose even if we cannot sionate about the broader bill on tions and hollow bookkeeping require- understand it. I like the sign just out- health care reform is that this is about ments.’’ side Gillette. It says: ‘‘If it’s not a extending coverage to babies so they There has also been some misin- baby, you’re not pregnant.’’ can be born healthy, and about pre- formation out there regarding this I don’t believe Federal funding natal care; it is about making sure amendment, and I wish to take a should be used to pay for abortions, that in the new insurance exchange we minute to clear up a couple arguments and I will work to ensure that it have basic coverage for maternity care. used against the Nelson amendment. doesn’t happen under this bill. I will I was shocked to learn that 60 percent First, it does not prohibit individuals vote in support of the Nelson amend- of the insurance policies offered right from purchasing abortion coverage ment and encourage my colleagues to now in the individual market don’t with their own private dollars. When do the same to protect life and respect offer maternity care as basic care. We similar arguments were made during the miracle of life that I witnessed happen to think that is incredibly im- the House debate on the Stupak lan- with the birth of my daughter Amy. portant. We are 29th in the world in the guage, PolitiFact, a Pulitzer Prize-win- I thank the Chair and yield the floor. number of babies—below Third World ning, fact-checking organization, con- The PRESIDING OFFICER. The Sen- countries—that survive the first year cluded that such statements were false. ator from California is recognized. of life. This health care reform bill is The Nelson amendment only prohibits Mrs. BOXER. Mr. President, I ask about making sure we have healthy ba- Federal funds from subsidizing those unanimous consent for the following bies, healthy moms, and it is about plans. order: Boxer, 1 minute; Durbin, 5 min- saving lives and moving forward in a Some have argued the Nelson amend- utes; Stabenow, 5 minutes; Shaheen, 5 way that is positive, expanding cov- ment could cause individuals to lose minutes; Dodd, 5 minutes; Menendez, 5 erage, not taking away important cov- the abortion coverage they currently minutes; and Baucus, 4 minutes. erage for women who, frankly, find receive from their current health in- The PRESIDING OFFICER. Is there themselves in a crisis situation. surance plans. That also isn’t accurate. objection? That is what we are doing, unfortu- I would urge everyone to read section Without objection, it is so ordered. nately, through the Nelson-Hatch 1251 of the bill. Section 1251 says, clear- Mrs. BOXER. Mr. President, I gave amendment. I have great respect for ly and unequivocally, that: birth to two beautiful children, and I both of my colleagues who have offered Nothing in this act or an amendment made am proud to say that I have now four this amendment, and for others who to this act shall be construed to require that grandchildren—the light of my life. I feel deeply about this issue. In the bill an individual terminate coverage under a am just here to say as a mother, as a that has come before us, I think we re- group health plan or health insurance cov- grandmother, and as a Senator from spect all sides and keep in place the erage in which such individual was enrolled California that I trust the women of longstanding ban on Federal funding at the date of the enactment of this act. this country. I don’t want to tell the for abortion services, and no one is ob- According to the sponsors of this bill, women of this country—or tell any- jecting to that. No one is trying to this section protects the ability of per- body else anything like this—that they change that. sons with existing insurance coverage can’t buy insurance with their own pri- As my friends have said, this is about to keep that same coverage. If section vate money to cover their whole range whether we cross that line into private 1251 works as its authors describe it, of legal reproductive health care. We insurance coverage—whether we say to this bill should make no changes to ex- don’t do that to the men. We don’t say a woman, to a family: You are going to isting insurance plans that cover abor- they can’t get any surgery if they have to decide whether, when you have tion and should allow individuals to might need it for their reproductive a child and you are having a crisis in keep the plans they have. health care. We don’t tell them they the third trimester and might need

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.036 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12671 some kind of crisis abortion services— Members of the Senate and House meet the fact that there will be fewer abor- whether you are going to find yourself with people who have varying degrees tions in America with these health in a situation where you are going to of intensity on this issue all the time. care services. need abortion services, and you are We are not going to resolve this issue Senator MIKULSKI, in the first going to have to publicly indicate that today with this amendment or this bill. amendment we adopted, provided for and buy a rider on insurance because We are going to do several things that more preventive services for women you can’t use your own money to buy I think are important. across the board. Those services, I be- an insurance policy. What we set out to do in health care lieve, would result in more counseling, Here is what we know now. We know reform was honor the time-honored more contraception, and fewer unin- five States have riders right now— principles that we have now accepted. tended pregnancies. That is a reality. Idaho, Kentucky, Oklahoma, Missouri, They are these: Abortion is a legal pro- Every Federal dollar that we spend on and North Dakota. There is no evi- cedure since the Supreme Court case of family planning saves $3 in Medicaid dence there are any riders available in Roe v. Wade. For over 30 years now, we costs. In 1972, we established a special the individual market. So even though, have said no public funds can be used matching rate of 90 percent for family technically, they say you can buy addi- for an abortion but to save the life of a planning services in Medicaid. Across tional coverage, it is not offered or mother or in cases of rape or incest. We the board, we know this money, well available. We are told by the insurance have said that no doctor or hospital spent to allow women to decide their carriers that, in fact, it probably will will be compelled to perform an abor- own reproductive fate, means there are not be available. tion procedure if it violates their con- fewer unintended pregnancies. We all know what this is about. This science. Those are the three basic pil- I argue that whether your position is is about effectively banning abortion lars of our abortion policy in this coun- for or against abortion, if you believe services coverage in the new insurance try. there should be fewer abortions, you exchange we are setting up, which Now comes this debate about health want this health care reform bill to could, in fact, have a broader implica- care reform and a question about pass—with or without the Stupak tion of eliminating the coverage for whether, if we offer health insurance amendment. I think that the Stupak health plans outside the exchanges. So policies through an exchange that of- amendment goes too far, and I think that is what this is about, which is why fers abortion services, and the people we have come up with a reasonable al- it is so important. are paying for the premiums for those ternative that adheres to the three pil- Again, we are agreeing on the elimi- policies with a tax credit, whether we lars I mentioned earlier on abortion nation or banning of Federal funding are indirectly somehow or another fi- policy in America, and it sets up rea- for abortions, other than extreme cri- nancing and supporting abortion. I sonable accounting on these insurance ses circumstances. We have done that argue that we are not. We find, on a policies. I think this language in the in Federal law. This is about whether daily basis, many instances where Fed- bill is the right way to move to lessen we go on to essentially create a situa- eral funds go to a private entity, even the number of abortions in America tion where effectively people cannot a religious entity with clear guidelines and stay consistent with the basic get that coverage with their own that none of the Federal funds can be principles that guide us. I yield the floor. spent for religious or private purposes. money. The PRESIDING OFFICER. The Sen- The Center for American Progress Organizations far and wide across ator from Connecticut is recognized. noted that because approximately 86 America live within those bounds. Mr. DODD. Mr. President, I commend percent of the people who are going to They keep their books clean, and they my colleague from Illinois, the Demo- be offered new opportunities for insur- account for the money received, and no cratic whip of the Senate, for his argu- ance—small businesses, individuals, in questions are asked. The audits show ments. He speaks for me when he iden- the private market—that because 86 that they followed the guidelines. This tifies the pillars of our views on this percent of them will, in fact, receive bill before us strictly follows these issue. some kind of tax credit or tax cut, in guidelines, as well. No Federal funds I was elected to the House of Rep- fact, again, we are talking about elimi- shall be used for any abortion proce- resentatives in 1974, 2 years after Roe nating this option altogether because dure in an insurance policy. It has to v. Wade, and I have been in Congress the majority of people will get some be privately funded. now for 35 years. We have lived with kind of a tax cut during this process. I want to step back and make a those guidelines since then. I know it I think there are also some broader slightly different argument too. There has not resolved the matter for many implications around the tax policy. If are those who have said in the House people. But it has served us well. we are saying that someone can’t pur- and in the Senate that unless the Stu- What we have in this bill is a reflec- chase an insurance policy of their lik- pak language in the House is adopted, tion of a continuation of those pillars. ing if they are getting a tax credit to they would seriously consider voting Having been the acting chair of the help with health insurance, the fact is, against health care reform. I argue to Health, Education, Labor, and Pen- what about other tax credits? What them that is a wrong position to take sions Committee during the markup of about other kinds of ways in which if they are opposed to abortion because the bill—in fact, Senator Kennedy people get tax credits or tax cuts the health care reform bill before us voted by proxy, as they call it in that today? The implications of this are ex- dramatically expands health care cov- process—we insisted upon the adoption tremely broad. erage. of a Kennedy amendment that main- I urge a ‘‘no’’ vote. Let’s keep Fed- Today, there are 17 million women of tained the notion of conscience in eral policy in place that doesn’t allow reproductive age in America who are these matters. So we would not be forc- Federal funding for abortion but re- uninsured. This bill will expand health ing individuals to engage in abortion spects the women of this country. insurance coverage to the vast major- practices if they felt otherwise. The PRESIDING OFFICER. The Sen- ity of them, which means millions We have long held the view in this ator from Illinois is recognized. more women will have access to afford- Congress, under Democratic and Re- Mr. DURBIN. Mr. President, I rise in able birth control and other contracep- publican leadership, despite the dif- opposition to the Hatch-Nelson amend- tive services. This expanded access will ferences—others have different views ment. For 27 years, it has been my reduce unintended pregnancies and re- on this matter—that clearly public honor to serve in both the House and duce abortions. So the family planning money should not be used. Despite the Senate. During that 27 years, the issue aspect of our health care reform will arguments to the contrary, we have of abortion has been front and center actually net fewer abortions in Amer- done that again with this bill. as one of the most controversial and ica—we know this because of the his- The Senator from Illinois made a contentious issues we have faced. When tory of the issue—as more women have point about the measures in the bill I returned home to my congressional access to family planning. So those that deal with wellness and reproduc- district, and now to the State, there who argue that they either have this tive rights. We minimize the likelihood have been many strong, heartfelt posi- amendment or they will vote against of there being a demand for abortion on tions on this issue that are in conflict. health care reform should reflect on the part of many.

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.037 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12672 CONGRESSIONAL RECORD — SENATE December 8, 2009 I appreciate the fact that our leader- ing occurs with the arrival of a child or (a) None of the funds appropriated in this ship has made this matter, the Nelson- grandchild. This bill does that. Act, and none of the funds in any trust fund Hatch amendment, a matter of con- For all of those reasons, this amend- to which funds are appropriated in this Act, ment ought to be defeated. This bill shall be expended for any abortion. science. There is no caucus position on (b) None of the funds appropriated in this this amendment. There never has been ought to be supported and achieve a Act, and none of the funds in any trust fund and nor should there be, in my view, great success for our fellow citizens. to which funds are appropriated in this Act, given the nature of this debate. I yield the floor. shall be expended for health benefits cov- I want to mention another argument The PRESIDING OFFICER. The Sen- erage that includes coverage of abortion. we fail to understand here, in addition ator from New Hampshire is recog- (c) The term ‘‘health benefits coverage’’ to the eloquent ones made by the Sen- nized. means the package of services covered by a ator from Illinois. We rank 29th in in- Mrs. SHAHEEN. Mr. President, I rise managed care provider or organization pur- today to speak in opposition to the suant to a contract or other arrangement. fant mortality in the United States. It This restriction on the use of appropriated is an incredible statistic when you con- Nelson-Hatch amendment. The Patient Protection and Afford- funds to pay for abortions is commonly re- sider the wealth of our Nation. I able Care Act we have before us does so ferred to as the ‘‘Hyde Amendment.’’ In 1976, worked on legislation with our col- Rep. Henry J. Hyde offered an amendment to many good things. It gives women ac- league, LAMAR ALEXANDER, on infant the Departments of Labor and Health, Edu- cess to preventive care. It makes births, prescreening, trying to provide cation, and Welfare, Appropriation Act, 1977, health care more accessible to families resources and help for families with in- that restricted the use of appropriated funds across the country. It changes the way fants who suffer these debilitative and to pay for abortions provided through the patients receive the care they need. We Medicaid program. fatal problems. An exception to the general prohibition on This legislation takes a major step must not let the issue of reproductive choice overshadow all of the things using appropriated funds for abortions is pro- forward in taking the United States this bill gets right. vided in section 508(a) of the omnibus meas- out of the basement when it comes to For over three decades, the Hyde ure: infant mortality and gets us back to The limitations established in the pre- amendment, which prohibits the use of ceding section shall not apply to an abor- where we ought to be in reducing the Federal funds to pay for abortions ex- tragedy that occurs in infant mor- tion— cept in cases of rape, incest, or if the (1) if the pregnancy is the result of an act tality. life of the mother is at risk, has been of rape or incest; or There is a distinction, clearly, be- the law of this land. Abortion should (2) in the case where a woman suffers from tween abortion and infant mortality. play no role in this health care debate. a physical disorder, physical injury, or phys- But this legislation takes a major step The Finance and HELP Committees ical illness, including a life-endangering in improving quality of life, assisting physical condition caused by or arising from spent countless hours drafting legisla- children who arrive prematurely, as the pregnancy itself, that would, as certified tion that is part of the language in our by a physician, place the woman in danger of many do in our country today, and health care bill to make sure it re- many do not survive that prematurity. death unless an abortion is performed. mains neutral on the issue of choice. In other words, funds appropriated to the Today many women are not getting the The Patient Protection and Afford- Department of Health and Human Services kind of support they need during their able Care Act that is currently before (‘‘HHS’’) for FY2009 could be used to pay for pregnancy, thus increasing the likeli- us maintains the Hyde amendment pro- an abortion if a pregnancy is the result of an hood of premature births occurring, or hibiting Federal funding of abortions. act of rape or incest, or if a woman’s life not getting the screenings that need to As a result, neither the pro-choice nor would be endangered if an abortion were not occur immediately so you can avoid performed. Appropriated funds remain un- the pro-life agendas are advanced. available, however, for elective abortions. the terrible problems that can ensue This is clearly explained in an anal- thereafter. This legislation takes a Under the Senate measure, the issuer of a ysis done by the nonpartisan Congres- qualified health plan would determine major step in that direction. sional Research Service. I ask unani- whether or not the plan provides coverage While we have done what is necessary mous consent to have printed in the for either elective abortions or abortions for for us to do, that is, protect the long- RECORD this analysis. which the expenditure of federal funds appro- standing distinction between public There being no objection, the mate- priated for HHS is permitted. If a qualified and private dollars when it comes to rial was ordered to be printed in the health plan decides to provide coverage for elective abortions, it could not use any abortion, we also have gone so much RECORD, as follows: amount attributable to a premium assist- further. This bill provides support for NOVEMBER 30, 2009. ance credit or any cost-sharing reduction to families when it comes to minimizing MEMORANDUM the likelihood a child will be lost be- pay for such services. The community health To: Hon. Jeanne Shaheen. insurance option established by the Senate cause they are not getting support From: Jon O. Shimabukuro, Legislative At- measure would be similarly restricted. H.R. services, as well as providing the repro- torney, American Law Division, Congres- 3590 would allow coverage for elective abor- ductive services that will assist women sional Research Service. tions by the community health insurance op- during their pregnancies. Subject: Abortion and the Patient Protec- tion, but amounts attributable to a premium My colleagues know I am a late tion and Affordable Care Act. assistance credit or cost-sharing reduction bloomer. I am a parent of a 4-year-old This memorandum responds to your re- could not be used to pay for such abortions. and an 8-year-old. My colleagues talk quest concerning abortion and the Patient 2. ‘‘Does the Senate’s Patient Protection about being grandparents. I always Protection and Affordable Care Act. The and Affordable Care Act ensure that the measure was proposed by Senator Harry Reid community health insurance option does not said I was the only candidate in the on November 21, 2009 as an amendment in the use federal funds to pay for abortions beyond country who used to get mail from nature of a substitute for H.R. 3590, the Serv- those permitted by the most recent appro- AARP and diaper services at the same ice Members Home Ownership Tax Act of priation for the Department of Health and time, having qualified for Medicare and 2009. You asked several questions about the Human Services?’’ also being a parent of infant children, Patient Protection and Affordable Care Act The Senate measure would allow coverage two little girls, Grace and Christina. I and the use of federal funds to pay for abor- for elective abortions by the community want them to grow up having all the tion services. This memorandum addresses health insurance option, but amounts attrib- utable to a premium assistance credit or rights of young women in this country. those questions. 1. ‘‘Does the Senate’s Patient Protection cost-sharing reduction could not be used to I am hopeful that one day I may even and Affordable Care Act prohibit afford- pay for such abortions. be around to be a grandparent. We ability and cost-sharing credits from paying 3. ‘‘Under current law, the Weldon Amend- fought very hard to make sure those for abortions beyond those permitted by the ment prohibits Federal agencies or programs children were going to get the protec- most recent appropriation for the Depart- and State or local governments who [sic] re- tions they could during my wife’s preg- ment of Health and Human Services?’’ ceive certain federal funds from discrimi- nancies, to see to it they would be born Division F of the Omnibus Appropriations nating against certain health care entities, healthy and sound. I have a great Act, 2009, provides appropriations for the De- including individuals and facilities, that are partments of Labor, Health and Human Serv- unwilling to provide, pay for, provide cov- health care plan, as a Federal em- ices, Education, and Related Agencies for erage of, or refer for abortions. Does the Sen- ployee, to make sure that will happen. FY2009. Section 507, included within Division ate’s Patient Protection and Affordable Care I want every American to have that F, prohibits generally the use of appro- Act offer an additional, new conscience pro- same sense of security when that bless- priated funds to pay for abortions: tection for individual health care providers

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.039 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12673 and facilities that are unwilling to provide, have seen from the National Women’s cated abortions. In any supplemental cov- pay for, provide coverage of, or refer for Law Center shows us that in the five erage arrangement, it is essential that the abortions?’’ States that do require such a rider, supplemental coverage be administered in Under the Senate measure, individual there is no evidence that such plans conjunction with basic coverage. This inter- health care providers and health care facili- twined administration approach is barred ties could not be discriminated against be- exist. And even if they did exist, who under Stupak/Pitts because of the prohibi- cause of a willingness or unwillingness to would purchase that kind of a rider? No tion against financial commingling. This bar provide, pay for, provide coverage of, or refer woman expects to need an abortion. is in addition to the challenges inherent in for abortions, if their decisions are based on This is not something you go into plan- administering any supplemental policy. their religious or moral beliefs. Section ning ahead of time. These challenges would be magnified in the 1303(a)(3) of the Senate measure states: ‘‘No Finally, this amendment would have case of medically indicated abortions be- individual health care provider or health effects that reach well into the private cause, given the relatively low number of care facility may be discriminated against insurance market. An independent medically indicated abortions, the coverage because of a willingness or an unwillingness, supplement would apply to only a handful of if doing so is contrary to the religious or analysis by the School of Public Health procedures for a handful of conditions. Fur- moral beliefs of the provider or facility, to and Health Services at George Wash- thermore, the House legislation contains no provide, pay for, provide coverage of, or refer ington University concluded that a direct economic incentive to create such a for abortions.’’ similar amendment adopted in the market. Indeed, it is not clear how such a 4. ‘‘Does the Senate’s Patient Protection House—what is commonly known as market even would be regulated or whether and Affordable Care Act ensure that there is the Stupak amendment—will have an it would be subject to the requirements that a health plan available in every exchange ‘‘industry-wide effect,’’ eliminating apply to all products offered inside the ex- that does not cover abortion beyond those coverage of medically indicated abor- change. Finally, because supplemental cov- permitted by the most recent appropriation erage must of necessity commingle funds for the Department of Health and Human tions over time for all women.’’ That with basic coverage, the impact of Stupak/ Services?’’ means any type of abortion for which Pitts on states’ ability to offer supplemental The Senate measure would require the Sec- there is a medical indication of need Medicaid coverage to women insured through retary of HHS to ensure that in any health would go uncovered. a subsidized exchange plan is in doubt. insurance exchange (‘‘Exchange’’), at least I ask unanimous consent that ‘‘Intro- Spillover effects as a result of administra- one qualified health plan does not provide duction and Results in Brief’’ of the tion of Stupak/Pitts. The administration of coverage for abortions for which the expendi- George Washington University analysis any coverage exclusion raises a risk that, in ture of federal funds appropriated for HHS is applying the exclusion, a plan administrator not permitted. If a state has one Exchange be printed in the RECORD. There being no objection, the mate- will deny coverage not only for the excluded that covers more than one insurance market, treatment but also for related treatments the Secretary would be required to provide rial was ordered to be printed in the that are intertwined with the exclusion. The the aforementioned assurance with respect RECORD, as follows: risk of such improper denials in high risk to each market. AN ANALYSIS OF THE IMPLICATIONS OF THE and costly cases is great in the case of the Mrs. SHAHEEN. Mr. President, the STUPAK/PITTS AMENDMENT FOR COVERAGE Stupak/Pitts Amendment, which, like the health reform legislation before us pre- OF MEDICALLY INDICATED ABORTIONS Hyde Amendment, distinguishes between serves the Hyde language and main- (By Sara Rosenbaum, Lara Cartwright- life-threatening physical conditions and con- tains the status quo in this country. Smith, Ross Margulies, Susan Wood, D. ditions in which health is threatened. Unlike Medicaid agencies, however, the private We should keep it so. This should be a Richard Mauery) INTRODUCTION AND RESULTS IN BRIEF health benefit services industry has no expe- debate about health care. It should be rience with this distinction. The danger is This analysis examines the implications about patients and about ensuring they around coverage denials in cases in which an for coverage of medically indicated abortions have access to quality care at all abortion is the result of a serious health con- under the Stupak/Pitts Amendment (Stupak/ dition rather than the direct presenting stages of their lives, regardless of what Pitts) to H.R. 3962, the Affordable Health treatment. may happen in their lives. It is a mis- Care for America Act. In this analysis we The remainder of this analysis examines take to make this debate one about focus on the Amendment’s implications for these issues in greater detail. abortion. the health benefit services industry as a The amendment that is before us, the whole. We also consider the Amendment’s OVERVIEW OF CURRENT FEDERAL LAW Nelson-Hatch amendment, would re- implications for the growth of a market for 1. The Hyde Amendment and Medicaid The Hyde Amendment has been part of strict any health plan operating in the public or private supplemental coverage of medically indicated abortions. Finally, we each HHS-related appropriation since FY exchange that accepts affordability 1977. As set forth in the most recent annual credits from offering abortion services. examine the issues that may arise as insur- ers attempt to implement coverage deter- Labor/HHS federal appropriations legisla- In essence, the amendment before us minations in which abortion may be a con- tion, the Hyde Amendment provides in perti- would amount to a ban on abortion sequence of a condition, rather than the pri- nent part as follows: coverage in the health insurance ex- mary basis of treatment. Sec. 507. (a) None of the funds appropriated change regardless of where the money Industry-wide impact that will shift the in this Act, and none of the funds in any comes from. Put another way, a woman standard of coverage for medically indicated trust fund to which funds are appropriated abortions for all women: In view of how the under this Act, shall be expended for any who pays for insurance with money out abortion. of her own pocket would most likely health benefit services industry operates and how insurance product design responds to (b) None of the funds appropriated in this not be able to get insurance that cov- broad regulatory intervention aimed at re- Act, and none of the funds in any trust fund ers abortion. shaping product content, we conclude that to which funds are appropriated in this Act, Make no mistake about it, this the treatment exclusions required under the shall be expended for health benefits cov- amendment is much more than a de- Stupak/Pitts Amendment will have an indus- erage that includes coverage of abortion. (c) The term ‘‘health benefits coverage’’ bate on whether Federal funds should try-wide effect, eliminating coverage of means the package of services covered by a medically indicated abortions over time for be used for abortion, which is already managed care provider or organization pur- all women, not only those whose coverage is established law. It is established law suant to a contract or other arrangement. that is maintained in the Patient Pro- derived through a health insurance ex- Sec. 508. (a) The limitation established in tection and Affordable Care Act before change. As a result, Stupak/Pitts can be ex- the preceding section shall not apply to an pected to move the industry away from cur- us. abortion— rent norms of coverage for medically indi- (1) if the pregnancy is the result of an act The Nelson-Hatch amendment is a cated abortions. In combination with the very far-reaching intrusion into the of rape or incest; or Hyde Amendment, Stupak/Pitts will impose (2) in the case where a woman suffers from lives of women in how we would get a coverage exclusion for medically indicated a physical disorder, physical injury, or phys- private insurance. It is unprecedented, abortions on such a widespread basis that ical illness, including a life-endangering and it would mean millions of women the health benefit services industry can be physical condition caused by or arising from would lose coverage they currently expected to recalibrate product design down- the pregnancy itself, that would, as certified have. ward across the board in order to accommo- by a physician, place the woman in danger of It is true, as we have heard from date the exclusion in selected markets. death unless an abortion is performed. Supplemental insurance coverage for medi- those people who support this amend- cally indicated abortions: In our view, the Mrs. SHAHEEN. When we pass this ment, that a woman would be able to terms and impact of the Amendment will legislation that will reform our health buy an abortion rider. What we heard work to defeat the development of a supple- care system, it should not be done in a from Senator STABENOW and what we mental coverage market for medically indi- way that would lose benefits for

VerDate Nov 24 2008 05:44 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.008 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12674 CONGRESSIONAL RECORD — SENATE December 8, 2009 women. All women should have access The language in this bill is clear: It Mr. CASEY. Mr. President, I rise in to comprehensive health care, includ- preserves a woman’s reproductive support of the Nelson amendment for ing reproductive health care, from the rights without any taxpayer funding. two reasons, and I speak for myself, provider of their choice. Yet we are engaged in a debate in not for other Members of the Senate. I urge my colleagues to oppose any which we are basically being told that Obviously, I know there is a good bit of amendment that threatens reproduc- neutrality is not good enough; that disagreement on both sides and even tive care that women have counted on there needs to be an antichoice bill, within both sides of the aisle. for over 30 years. not a health care reform bill; that neu- But I support this amendment for The PRESIDING OFFICER. The Sen- trality on the issue is not acceptable; two reasons. One, I wish to make sure ator from New Jersey is recognized. that only effectively banning abortion we ensure, through this health care Mr. MENENDEZ. Mr. President, is acceptable. We are not going to be legislation, the consensus we have had health care reform legislation we are dragged down that road, and the as part of our public policy for many considering is good for America, it is women of this country will not stand years now—that taxpayer dollars don’t good for women and for families. It is a for it. Certainly, this Senator will not pay for abortions. I believe we can and health care reform bill; it is not an either. should and will get this right by the abortion bill. In fact, not a dime of tax- The sponsors claim the amendment end of this debate. payers’ money goes to subsidize abor- simply reinforces existing law restrict- The second reason I support this is, I tion coverage in this bill. It is, in fact, ing Federal funding of abortion cov- abortion neutral. believe it is important to respect the erage. Let’s be very clear: There is no conscience of taxpayers, both women This amendment, however, would taxpayer money going to a woman’s re- and men across the country, who don’t change that. It would roll back the productive choices—none—and to say want taxpayer dollars going to support clock on a woman’s right to choose. It otherwise is simply wrong. unfairly singles women out and takes The fact is, this amendment that abortions. If there is one or maybe two away benefits they already have. It sin- clearly takes us back in time would areas where both sides can agree—peo- gles out our daughters and legislates leave our daughters with the same ple who are pro-life and pro-choice—it limits on their reproductive health, hopeless lack of options their grand- is on these basic principles: No. 1, we their reproductive rights. If we were to mothers faced, and that is not where don’t want to take actions to increase do the same to men, if we were to sin- we ought to be. the number of abortions in America. I gle out men’s reproductive health in This amendment would make it vir- think that is the prevailing view across this legislation, imagine the outcry. tually impossible for insurance plans in the divide of this issue. No. 2, we also Imagine if men were denied access to the exchange to offer abortion cov- have to do more to help those women certain procedures. Imagine if they erage even if a woman were to pay pre- who are pregnant, and I don’t believe were denied access to certain prescrip- miums entirely out of her own pocket. we are doing enough. We will talk more tion drugs. Imagine if the majority had It would do so by forbidding any plan about that later. Even as we debate to suffer the decision of the minority. that includes abortion coverage from this amendment, the third thing I But that is exactly what we are being accepting even one subsidized cus- think we can agree on is, no matter asked to do to our daughters with this tomer. what happens on this vote—and this de- amendment—rolling back the hands of This amendment is nothing more bate will continue, even in the context time. I personally find that offensive, than a backdoor effort to restrict of this bill—I believe we have to pass as do women across this country. rights women already have. Would I health care legislation this year. The language of this bill has been like to see it clearly stated in this leg- There are all kinds of consumer pro- carefully negotiated to ensure that we islation that a woman should have a tections in this bill that will help men are preserving a woman’s right to right to choose and all aspects of her and women—prevention services that choose but doing so without Federal reproductive health should be available have never been part of our health care funding. To claim otherwise is hypo- under every plan? Yes, I would. But am system before, insurance reforms to critical and misleading. I willing to accept neutrality as a rea- protect families and, finally, the kind We need not fight all battles that sonable compromise for the sake of of security we are going to get by pass- have nothing to do with the real issue passage of a bill that will provide af- ing health care legislation for the at hand—that millions of Americans do fordable, accessible health care to American people. I believe we can get not have health insurance and many every American and not spend a dime this decisive issue correct in this bill. are being forced into debt to buy cov- of taxpayers’ money on women’s repro- We are not there yet, but I believe we erage that insurers later deny. But ductive choices? I will. can. I believe we must pass health care now, instead, we are not only reopen- Under this bill, if a plan chooses to legislation this month through the ing long-settled debates over this issue, provide abortion coverage, only private Senate and then, from there, get it en- we are actually faced with a proposal funds can go toward that care. That is acted into law. that would turn back the clock and further than I would like to go, but it I yield the floor. deny women access to reproductive is neutrality. In this bill, in each State The PRESIDING OFFICER. The Sen- health care. It is the wrong debate at exchange, there would be at least one ator from California. the wrong time. plan that covers abortion and one plan Mrs. BOXER. Mr. President, before Over the years, we have made ex- that does not. That is neutrality. It is traordinary progress in addressing we turn this over to the Republican fair. Let’s accept it and move on. side, I ask unanimous consent to have women’s reproductive rights. We have Under this legislation, women will printed in the RECORD a letter from re- debated this issue in the Senate. We keep their fundamental right to repro- ligious leaders who support maintain- have debated it in our churches, in our ductive health benefits and gain other ing the underlying bill and who oppose homes, in our communities, and in the benefits. U.S. Supreme Court that has said a The PRESIDING OFFICER. The Sen- this amendment, and they are: Catho- woman’s right to choose is the law of ator has spoken for 5 minutes. lics for Choice, Disciples Justice Ac- the land. Let’s not turn back the clock. Mr. MENENDEZ. That is what we tion Center, The Episcopal Church, I respect the deeply held views of my should do in terms of the underlying Jewish Women International, Pres- friend from Nebraska and the deeply bill. Let’s vote down this amendment. byterian Church Washington Office, held views of my friend from Utah. I Let’s not turn back the clock. Religious Coalition for Reproductive know we will debate the issue many Mrs. BOXER. Mr. President, I ask Choice, Union of Reform Judaism, times in many forums. They will raise unanimous consent that in lieu of Sen- United Church of Christ, Justice and their voices in protest of a woman’s ator BAUCUS’s 4 minutes, Senator Witness Ministries, United Methodist right to choose, as I will raise mine to CASEY take that time. Church-General Board of Church and protect it. But this is neither the time The PRESIDING OFFICER. Without Society, Unitarian Universalist Asso- nor the legislative vehicle for hot-but- objection, it is so ordered. ciation of Congregations. ton politics to get in the way of badly The Senator from Pennsylvania is We are proud to have their support needed health care reform. recognized. for our position.

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.041 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12675 There being no objection, the mate- They have long been champions of the to fund abortions directly or indi- rial was ordered to be printed in the pro-life cause, and I applaud them for rectly. Health care reform, under the RECORD, as follows: putting the time and effort into this Reid language, has become a vehicle RELIGIOUS LEADERS SUPPORT MAINTAINING amendment to get it right, bringing it for changing the current law of the THE STATUS QUO ON ABORTION IN HEALTH to the floor, and offering it. I am very land regarding abortion coverage. Here CARE REFORM proud to stand here today as a cospon- is what some of my constituents have The undersigned religious and religiously sor of this legislation. said to me, and I am quoting from a affiliated organizations urge the Senate to Fundamentally, this legislation is gentleman in Kearney: support comprehensive, quality health care simply about doing the right thing. It It is time to make sure that abortion is ex- reform that maintains the current Senate ensures that current Federal law is plicitly prohibited by any language that may language on abortion services. upheld. In its most basic form, it says be put forward. We believe that it is our social and moral obligation to ensure access to high quality taxpayer dollars are not going to be Another Nebraskan said to me: comprehensive health care services at every used, directly or indirectly, to finance I know that the pro-life issue is not the stage in an individual’s life. Reforming the elective abortions. In fact, this has only component of the Healthcare bill to health care system in a way that guarantees been the law of our country now dating consider, but it is probably the most impor- affordable and accessible care for all is not back three decades. tant issue of concern that I have in this bill. simply a good idea—it is necessary for the Basically, this amendment applies Abortion is not health care. well-being of all people in our nation. the Hyde amendment to the health From central Nebraska I heard this: The passage of meaningful health reform care reform bill. It bars Federal fund- legislation will make significant strides to- I’m taking a minute to send a note to say ing for abortion, except in the case of ‘‘thank you’’ for standing up for life. Life is ward accomplishing the important goal of rape, incest, or to protect the life of access to health care for all. Unfortunately, precious, whether you are just conceived or the House-passed version of health reform in- the mother. The Hyde amendment—as over 100 years of age. cludes language that imposes significant new we have heard so many times during Pro-life groups across the board sup- restrictions on access to abortion services. this debate—finds its genesis in 1977. port this amendment—the National This provision would result in women losing The language in the Nelson-Hatch Right to Life, Catholic Bishops, Family health coverage they currently have, an un- amendment is virtually identical to Research Council, and others. They fortunate contradiction to the basic guiding the Stupak language that was included represent millions of Americans. But principle of health care reform. Providing af- in the House bill, where 240 Represent- fordable, accessible health care to all Ameri- the reality is, Americans support this. atives in the House supported it and it In a recent CNN survey, we confirm cans is a moral imperative that unites Amer- passed on a vote of 240 to 194. icans of many faith traditions. The selective that 6 in 10 Americans favor a ban on withdrawal of critical health coverage from The Stupak language very clearly the use of Federal funds for abortion. A women is both a violation of this imperative prohibits Federal funding of abortions. recent Washington Post-ABC News poll and a betrayal of the public good. It says this: No. 1, the government-run indicates 65 percent of adults believe The use of this legislation to advance new plan cannot cover abortions. That private insurance plans paid for with restrictions on abortion services that sur- seems very straightforward. No. 2, government assistance should not in- pass those in current law will serve only to Americans who receive a subsidy can- clude coverage of abortion. derail this important bill. The Senate bill is not use it to buy health insurance that already abortion neutral, an appropriate re- I was in McCook, NE, a while back, covers abortion. No. 3, the Federal doing a townhall meeting in August. flection of the fact that it is intended to Government cannot mandate abortion serve Americans of many diverse religious After everybody had left, a gentleman and moral views. The bill includes com- coverage by private providers or plans. came up to me. He told me something promise language that maintains current Then, finally, No. 4, as has been the about that I will remember all the law, prohibiting federal funds from being case for 30 years, private insurance years I am in the Senate. First, he used to pay for abortion services, while still plans may cover abortion, and individ- spoke about his faith, and then he said: allowing women the option to use their own uals may purchase a plan that covers I hope you understand, Senator, I can- private funds to pay for abortion care. Amer- it, but taxpayer dollars cannot be in ican families should have the opportunity to not, under any circumstances, agree to the mix to purchase that. anything that would allow my tax- choose health coverage that reflects their Compare that to what is in the cur- payer dollars, either directly or indi- own values and medical needs, a principle rent Senate bill. The government-run that should not be sacrificed in service of rectly, to fund abortions. He said: I plan can cover abortion. Americans any political agenda. cannot go there. He said: Please, do ev- who receive a subsidy can use it to buy We urge the Senate to support meaningful erything you can to stop this from hap- a health insurance policy that covers health reform that maintains the com- pening. promise language on abortion services cur- abortion. The Federal Government can Today, I stand with that gentleman rently in the bill. and does mandate abortion coverage by from McCook, NE, to say we have to Respectfully, at least one provider or plan. There is stop this. Catholics for Choice, Disciples Justice a stipulation in the current bill that Action Center, The Episcopal Church, I applaud my colleague from Ne- requires the Health and Human Serv- Jewish Women International, braska, and I wish to end my com- ices Secretary to assure the segrega- NA’AMAT USA, National Council of ments with this. Senator NELSON stood Jewish Women, Presbyterian Church tion of funds, the tax credit/Federal on this issue and in a recent interview (U.S.A.) Washington Office, Religious dollars can’t be used. he said this: Coalition for Reproductive Choice, The But the reality is, it is akin to say- Religious Institute, Union of Reform ing: Here, put those Federal dollars in I have said at the end of the day, if it doesn’t have the Stupak language on abor- Judaism, United Church of Christ, Jus- your left pocket. When you are pur- tice and Witness Ministries, United tion in it, I won’t vote to move it off the chasing the abortion coverage, make floor. Methodist Church—General Board of sure it is your right hand that is reach- Church and Society, Unitarian Univer- I think that is a courageous state- ing into your right pocket. How do you salist Association of Congregations. ment. I do not mind standing here and segregate those funds? It is impossible. Mrs. BOXER. I thank the Chair. saying I am very pleased to associate What it does is to simply erase the line Mr. ENZI. Mr. President, I assume myself with Senator NELSON and Sen- between taxpayer dollars and funding that added a few additional minutes to ator HATCH on this important amend- of abortions. our time as well. Quoting the National Right to Life: ment. I yield 10 minutes to the Senator Mr. President, how much time do I Senator Reid included in his substitute bill from Nebraska. language that some have claimed would pre- have remaining? The PRESIDING OFFICER. The Sen- serve the principles of the Hyde Amendment. The PRESIDING OFFICER. The Sen- ator from Nebraska is recognized. Such claims are highly misleading. In re- ator has 2 minutes 45 seconds. Mr. JOHANNS. Mr. President, let me ality, the Reid language explicitly author- Mr. JOHANNS. I yield my 2 minutes start my remarks today, if I could, by izes direct funding of elective abortion by a 45 seconds to Senator HATCH when he offering my words of support and com- Federal Government program. speaks. I yield the floor. mendation to Senators NELSON and Well, I feel very strongly we must en- The PRESIDING OFFICER. Without HATCH for offering this amendment. sure that Federal dollars are not used objection, it is so ordered.

VerDate Nov 24 2008 05:44 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.005 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12676 CONGRESSIONAL RECORD — SENATE December 8, 2009 Mr. GRASSLEY. Mr. President, I that we don’t do Federal funding of ing Federal funding of abortion is fis- yield 10 minutes to the Senator from abortions. I will read to you what the cally irresponsible and morally inde- Kansas. normal status is. The U.S. Conference fensible. Those are the two central The PRESIDING OFFICER. The Sen- of Catholic Bishops, which supports pieces we are discussing, the fiscal re- ator from Kansas is recognized. this base bill but does not support sponsibility or irresponsibility of this Mr. BROWNBACK. Mr. President, I funding of abortions, describes it this and the moral indefensibility. At a appreciate this very much. It has been way: time of hemorrhaging debt, the Federal a healthy debate, a big debate, and it is In every major federal program where fed- Government being supportive and fund- an unusual debate because we haven’t eral funds combined with nonfederal funds to ing elective abortions flies in the face debated Hyde around here for 20 years. support or purchase health coverage, Con- of trying to restrain or bend the cost So this is an unusual debate we are gress has consistently sought to ensure that curve down in this legislation. That is having. Normally, we debate about the entire package of benefits excludes elec- not us being fiscally responsible. abortion but not about abortion fund- tive abortions. For example, the Hyde I have shown this chart before, but I ing because there has been an agree- amendment governing Medicaid prevents the think it is so striking. Back when we funding of such abortions not only using fed- ment in this body for 33 years about did do funding for abortions, we funded eral funds themselves, but also using the about 300,000 a year. How is that extra that. So this is an unusual debate, but state matching funds that combine with the I think it is an important one. federal funds to subsidize the coverage. A funding going to help us be more fis- I think it is extraneous, in many re- similar amendment excludes elective abor- cally responsible? That is why a major- spects, to the health care bill itself. tions from all plans offered under the Fed- ity of the people, pro-life and pro- Abortion is not health care, and so why eral Employees Health Benefits Program, choice, are saying the Federal Govern- we are debating the funding of abortion where private premiums are supplemented ment should not be funding this. I in a health care bill seems odd to me. by a federal subsidy. don’t believe that is fiscally respon- But it is in the base bill, and we need So there it is prohibited as well. sible. And it is morally indefensible. to deal with that. Where relevant, such provisions also speci- Whether you are pro-choice or pro- A lot of people are coming forward fy that federal funds may not be used to help life, we are having 300,000 children who and saying: Well, OK, which way is pay the administrative expenses of a benefits are not going to be here that we are this; is it in the bill or not on funding package that includes abortions. Under this funding the elimination of. Under any- policy, those wishing to use state or private for abortion? I am going to go to an body’s definition of looking at that, funds to purchase abortion coverage must do they would say that is morally indefen- independent fact checker and cite this. so completely separately from the plan that This is an independent research and sible for the Federal Government that is purchased in whole or in part with federal has long debated abortion policy, has prize-winning fact checker, financial assistance. not debated abortion funding, that that PolitiFact.com, and they say our oppo- Here I take a quick aside. That is is morally indefensible for us to do nents’ characterization of this amend- what we are saying should be done in something along that line. ment was ‘‘misleading’’ and that ‘‘the this bill, but it is not what is done in There are many issues to debate but people who would truly pay all their this bill. thankfully Hyde has not been one of premium with their own money, and Going on: them we have been debating until now. who would not use Federal subsidies at This is the policy that health care reform I say to my colleagues the admonition all, not barred in any way from obtain- legislation must follow if it is to comply we have had many times, whether you ing abortion coverage, even if they ob- with the legal status quo on federal funding of abortion coverage. All of the five health choose this day life or death, blessing tain their insurance from the federally or curse, why wouldn’t we choose the administered health exchange.’’ care reform bills approved in the 111th Con- gress violate this policy. life route on this one? Even if you have That is an independent group, a close call or you are questioning this, PolitiFact.com, saying this doesn’t This is from a group, the United States Conference of Catholic Bishops, why wouldn’t we choose the route that limit the ability for somebody on their says: I am not going to fund 300,000 own to be able to purchase abortion that supports health care reform but not the abortion funding in it. They abortions. I want abortion to be safe, coverage, if they want to do that, but legal and rare, as some people in this say as well that this fails in the Reid in the base bill, what we are saying is body, but that is not rare, 300,000. Why bill, that there is explicit funding for we don’t want to put Federal funds in wouldn’t we choose the life route that abortion in this bill. it as the longstanding policy has been says this is a controversial issue some- I thank my colleagues, particularly here. time way in the past, not recently. We on the other side of the aisle, Senators As the President himself has said don’t fund these things. So many peo- NELSON and CASEY, for being major co- when he spoke to a joint session of ple in America don’t want their money sponsors of this amendment. They are Congress, launching the health care de- used to pay for abortions. Yet in this the ones who look at this and say: I bate: base Reid bill, it is there. I urge my don’t want this in the base bill. This One more misunderstanding I want to clear colleagues to vote in favor of the Nel- should not be in the base bill. It up—under our plan, no Federal dollars will son-Hatch-Casey amendment that puts be used to fund abortions, and Federal con- doesn’t belong in the base bill. The lan- into Hyde language that is the status science laws will remain in place. guage should be different. quo that there is not taxpayer funding Unfortunately, in the Reid bill, this I also wish to note that most people going toward abortion and to reject is not true. This is not true in the Reid across the country don’t want this in those who would put the Reid language bill. What is in the Reid bill is the so- the base bill. A majority of the country forward that would take us back dec- called Capps amendment language, is opposed to the bill overall. They ades to an era when we did fund abor- which allows for the Federal funding of don’t think this is the way we should tion procedures. abortion. go. They think it is the wrong way. But I yield the floor. I wish to describe—and I think a even people who support the bill itself Ms. SNOWE. Mr. President, I rise great deal of what is in here has been by and large don’t want Federal fund- today to voice my opposition to the described, but what is taking place is ing for abortion to be in this bill. Nelson-Hatch amendment. In delib- the Federal subsidization of an insur- A Pew poll even showed that 46 per- erating how to construct a fair equi- ance program that will have abortion cent of people who support health care table solution to such a divisive ques- funding in it. According to most reform want to see the radical abortion tion, the one thing that our Group of 6 groups, that is what is taking place in language removed, the Capps language agreed on during our meetings prior to the Capps language, which is in the in the Reid bill, and all pro-choice Re- the markup of legislation in the Fi- base Reid bill. publicans and several pro-choice Demo- nance Committee was that we wanted I say this is an unusual debate that is crats supported the measure in the to remain neutral and preserve the sta- taking place because we haven’t de- House that put Stupak language in tus quo. bated Hyde for years around here. I that removed the Federal funding for I am pleased that Majority Leader wish to read to you what is our normal abortion. The American people feel REID chose to reflect the Finance Com- status on funding of abortions; that is, this way because they know that forc- mittee’s work because I believe that we

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.043 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12677 achieved that careful balance. Federal leading it to drop coverage in all mar- This is critical as mothers who re- funds continue to be prohibited being kets in order to meet the lowest com- ceive no prenatal care have an infant used to pay for abortions unless the mon denominator in both the exchange mortality rate more than six times pregnancy is due to rape, incest or if and expanded Medicaid markets.’’ that of mothers receiving early pre- the life of the mother is in danger. As opposed to the demonstrated evi- natal care. Yet 20 percent of women of Health plans that choose to cover abor- dence from States that separating Fed- childbearing age are uninsured and ap- tion care must demonstrate that no eral funds can and does work, we can- proximately 13 percent of all pregnant tax credits or cost-sharing credits are not say the same about the availability women are uninsured. used to pay for abortion care. of supplemental, abortion-only cov- This bill also at long last ends the The Finance Committee adopted this erage. discriminatory practice of gender rat- solution primarily because the policy In the five States that have similar ing. For years, women in this age of separating Federal dollars from pri- prohibitions on abortion coverage to group seeking insurance coverage have vate dollars has been achieved in other the Nelson-Hatch amendment, supple- faced clear inequities compared to instances and there is a precedent for mental coverage is generally not of- men. A study conducted by the Na- that approach. Today, 17 States cover fered—as a result of a lack of market tional Women’s Law Center found that abortion beyond the Hyde limitations demand for riders. And even if supple- insurers who practice gender rating with State-only dollars in their Med- mental coverage were available, there charged 25-year-old women anywhere icaid Programs. States and hospitals, are significant privacy concerns. If a from 6 percent to 45 percent more than which in no way want to risk their eli- woman opted to purchase supplemental 25-year-old men, and charged 40-year- gibility for Medicaid funding, use sepa- abortion coverage, it could be inferred old women from 4 percent to 48 percent rate billing codes for abortions that are that she plans to obtain an abortion. more than 40-year-old men. These crit- allowable under the Hyde amendment, Confidentiality is vital to women who ical improvements will enhance both and those that are not. And let me em- are making this choice and the possi- access and health care outcomes for phasize, there have never been any vio- bility that this information could be women. This is precisely the direction lations among the States in this re- disclosed is both serious and dis- we should be heading in . . . rather gard. Moreover, a similar approach has turbing. Women may face harassment than placing additional obstacles in also been taken with Title X family and intimidation on what should be a front of women. planning funds and the United Nations private matter between her family and Throughout my tenure in Congress I Population Fund. We ought to hew to her physician. have opposed Federal funding for abor- current law and what we know already The fact of the matter is, whether to tion. At the same time, as a champion works. undergo an abortion is one of the most of women’s health, I have profound res- Yet some want to prohibit women wrenching decisions a woman can ever ervations about limiting coverage op- from using their own money—beyond make—and we shouldn’t ignore the real tions for women when they are contrib- taxpayer dollars—towards purchasing a life circumstances that lead them to uting private dollars. Women who are plan in the exchange that covers abor- this choice. For some expecting moth- subject to an individual mandate and tion or limit coverage only through a ers, tragedy strikes when a lethal fetal are contributing private dollars to the supplemental policy. I have strong res- anomaly is discovered. Other times cost of their insurance should not have ervations about taking such an ap- there may be adverse health con- coverage choices dictated for them by proach. sequences to continuing a pregnancy. the Federal Government. We are mak- Under the Nelson-Hatch amendment, In these heartbreaking cases, a woman ing decisions that will affect women on a woman must try to predict whether without coverage can face severe finan- an intensely personal level and if we or not she will require that coverage. cial hardship in paying for these health fail to craft the right solution, it could This is an unfair proposition. Half of costs—not to mention emotional an- have serious implications for women’s all pregnancies in this country are un- guish from ending a planned preg- health and privacy. planned and most women do not antici- nancy. I appreciate the Finance Commit- pate the necessity for abortion cov- Rather than focusing on abortion, we tee’s effort to navigate this difficult erage. Furthermore, in most cases, should concentrate on the significant issue and hope we can concentrate on women already have that coverage. obstacles women of child-bearing age the task at hand—providing coverage Today, between 47 and 80 percent of face under our current health care sys- to the 30 million uninsured Americans. private plans cover abortion services. tem. And we have achieved some clear In that light, I urge my colleagues to So for a middle income woman who al- victories for women in this bill. For ex- vote against the Nelson-Hatch amend- ready purchases coverage in the indi- ample, maternity and newborn care is ment. vidual market and could now receive a specifically included as an essential The PRESIDING OFFICER (Mr. subsidy, let me be clear about the ef- health benefit. Pregnancy is typically CASEY). Who yields time? fect this change would have. This the most expensive health event for Mr. GRASSLEY. I yield such time as would take away coverage she cur- families during their childbearing is remaining to the Senator from Utah. rently has essentially creating a two years and there are significant con- Mr. HATCH. Mr. President, I had a tiered system for women who don’t sequences in a lack of coverage or even longer statement I was going to deliver have coverage through their employer minimal coverage. Maternity coverage this afternoon, but after listening to and instead receive it through the ex- in the individual insurance market is my colleagues speak about the Nelson- change. That is fundamentally wrong, difficult to find and exceedingly expen- Casey-Hatch amendment, I want to and it is patently unfair. sive if it is available. Maternity cov- take my time to refute some of the ar- And the fact is, over time, more and erage riders alone ranged from $106 to guments they are making about our more individuals will receive coverage $1,100 per month, required waiting peri- amendment. through the exchange, which means ods of one to 2 years with either no or It does not even sound as though that the number of women who will limited coverage during that period they are talking about the same confront these restrictions will grow. and capped total maximum benefits as amendment I filed with Senators NEL- Not only that but this amendment low as $2,000 to $6,000. Yet expenditures SON and CASEY. Our amendment does threatens to reach even further than for maternity care average $8,802. nothing to roll back women’s rights. the exchange. According to a study by I am also pleased that we passed the When my colleagues on the other side the George Washington University Mikulski amendment, which I was say that, they are simply School of Public Health that reviewed proud to cosponsor, that will enhance mischaracterizing our amendment. Our the Stupak/Pitts provisions from the preventive services for women. This amendment ensures that the Hyde lan- House ‘‘the size of the new market is could include preconception care, guage, a provision that has been in the large enough so that Stupak/Pitts can where doctors counsel women on nutri- HHS appropriations legislation for the be expected to alter the ‘default’ cus- tion and other health interventions be- last 33 years, will apply to the new toms and practices that guide the fore they become pregnant, as well as health care programs created through health benefits industry as a whole, proper prenatal care. this bill. We are applying current law

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.009 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12678 CONGRESSIONAL RECORD — SENATE December 8, 2009 to these programs. That is it. The cur- counting scheme. Under the accounting (B) such coverage or plan is not purchased rent Hyde language ensures that no scheme, the government is permitted using— Federal Government funds are used to to subsidize abortion coverage provided (i) individual premium payments required pay for elective abortion or health for a qualified health plan offered through that funds used to reimburse for abor- the Exchange towards which a credit is ap- plans that provide elective abortion. tions are labeled ‘‘private’’ funds. This plied under section 36B of the Internal Rev- Today States may only offer Medicaid is an end run around the Hyde restric- enue Code of 1986; or abortion coverage if the coverage is tion on funding for plans that cover (ii) other non-Federal funds required to re- paid for using entirely separate State abortion. ceive a Federal payment, including a State’s funds, not State Medicaid matching Furthermore, under the accounting or locality’s contribution of Medicaid match- funds. They cannot do that under cur- scheme, premium holders will be forced ing funds. rent law. This is a longstanding policy to pay at least $12 per year as an abor- Under the Nelson-Hatch-Casey based on a principle that the Federal tion surcharge to be used to pay for amendment, women are allowed to pur- Government does not want to encour- abortions. The Nelson-Casey-Hatch chase separate elective abortion cov- age abortion. amendment would ensure that no funds erage with their own money. I wish For example, Guttmacher studies under H.R. 3590 will subsidize plans they would not, but we allow it. Any- show that when abortion is not covered that cover abortion. However, it does body who says otherwise is misrepre- in Medicaid, roughly 25 percent of nothing to prohibit individuals from senting what this amendment does. I women in the covered population who purchasing separate abortion coverage am sure they are not intentionally would have otherwise had an abortion or from purchasing plans that cover misrepresenting but nevertheless mis- choose to carry to term. I wanted to abortion without a Federal subsidy. representing. So have fair warning. explain why the Reid-Capps language Another issue I want to raise is the It is also true that our amendment in the Reid bill is not the Hyde lan- impact the Nelson-Hatch-Casey amend- allows women to purchase a health guage. First, the Hyde amendment pro- ment would have on coverage of elec- plan that includes coverage of elective hibits funding for abortions through tive abortions by private health plans. abortions in addition to the supple- Medicaid and other programs funded I heard some of my colleagues say that mental abortion policy as long as they through the HHS appropriations bill. our amendment would prohibit women pay for it with their own money. So However, the public option is not sub- from purchasing health plans with when those who oppose our amendment ject to further appropriation and there- abortion coverage, even if they spend say a woman would never want to pur- fore is not subject to Hyde. Directly their own money. I understand there is chase abortion coverage as a separate opposite of the Hyde amendment, the a Politifact story with the headline rider, they are truly misunderstanding Reid-Capps language explicitly author- ‘‘Lowey Says Stupak Amendment Re- that our language also permits women izes the newly created public option to stricts Abortion Coverage, Even for to purchase an identical exchange plan pay for elective abortions. The public Those Who Pay for Their Own Plan.’’ that includes coverage of elective abor- option will operate under the authority That is simply not true. Our amend- tions, in addition to other health bene- of the Secretary of HHS and draw funds ment would not prohibit the ability of fits. To be clear, under our amendment, from the Federal Treasury account. women to obtain elective abortions as a woman may purchase with her own Regardless of how these funds are col- long as they use their own money to funds either a supplemental policy that lected, these funds from the Treasury purchase these policies and not the covers elective abortions or an entire are Federal funds. Funding of abortion money of the taxpayers of America, di- health plan that includes the coverage through this program will represent a rectly or indirectly. Again, our oppo- of elective abortions. clear departure from longstanding pol- nents will argue that it does, but if Today, Federal funds may not pay for icy by authorizing the Federal Govern- they take the time to read our amend- elective abortions or plans that cover ment to pay for elective abortion for ment, they will note on page 3, line 6, elective abortions. This is the funda- the first time in decades. that it ensures there is an option to mental component of the Hyde lan- The Nelson-Hatch-Casey amendment purchase separate supplemental cov- guage. And to be clear, the Nelson- would prohibit funding for abortion erage or a plan with coverage for elec- Hatch-Casey language does not prevent under H.R. 3590 except in the cases of tive abortions. In fact, let me read it to people purchasing their own private rape, incest, or to save the life of the my colleagues so we are all clear on plans that include elective abortion mother. As is the case with the CHIP what the language actually says. I am coverage with private dollars. program and Department of Defense going to read it because I am tired of In addition, our amendment explic- health care, the Nelson-Hatch-Casey hearing some of the misrepresentations itly states that these types of policies amendment would be permanent law made on the floor by, I am sure, well- may be offered. In other words, our rather than an appropriations rider, meaning people who are very poorly in- amendment does not restrict these subject to annual debate and approval. formed on this amendment. It is easy policies from being offered. The only Any funding ban subject to annual ap- for me to see why they are poorly in- caveat is that they may not be pur- proval will be in jeopardy in the future. formed when I look at this itty-bitty chased with Federal subsidies. We want Even if there are the votes to maintain bill. to make that clear, and the Reid-Capps the Hyde language, procedural tactics My gosh, no matter how bright you language does not. and veto threats could be employed and are, who could know everything in this Let me read that section of the Nel- make it impossible to retain an annual itty-bitty bill that will break the desk, son-Hatch-Casey amendment for my ban. if I drop it on it. colleagues. It may be found on page 4, Secondly, the Hyde amendment pro- I am sorry. I scared the distinguished line 3, of the Nelson-Hatch-Casey hibits funding for health benefits cov- Senator from Iowa with this itty-bitty amendment. erage that includes coverage of abor- bill. I should have dropped it a little (3) Option To Offer Supplemental Coverage tion. This requirement ensures that bit softly. I apologize. Or Plan.— the Federal Government does not en- Let me tell you what it actually Now get this: courage abortion by providing access says. Nothing in this subsection shall restrict to it. When the government subsidizes (2) OPTION TO PURCHASE SEPARATE SUPPLE- any non-Federal health insurance issuer of- a plan, it is helping to make all of the MENTAL COVERAGE OR PLAN.—Nothing in this fering a qualified health plan from offering covered services available. Federal pre- subsection shall be construed as prohibiting separate supplemental coverage for abor- mium subsidies authorized and appro- any non-Federal entity (including an indi- tions for which funding is prohibited under priated in H.R. 3590 are not subject to vidual or a State or local government) from this subsection, or a plan that includes such annual appropriations and they are, purchasing separate supplemental coverage abortions, so long as— therefore, not subject to the Hyde lan- for abortions for which funding is prohibited (A) premiums for such separate supple- under this subsection, or a plan that includes mental coverage or plan are paid for entirely guage. Directly opposite of the Hyde such abortions, so long as— with funds not authorized or appropriated by language, the Reid-Capps explicitly al- (A) such coverage or plan is paid for en- this Act; lows federal subsidies to pay for plans tirely using only funds not authorized or ap- (B) administrative costs and all services that cover abortion by applying an ac- propriated by this Act; and offered through such supplemental coverage

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.046 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12679 or plan are paid for using only premiums col- I appreciate my colleagues. I appre- about whether it is appropriate for lected for such coverage or plan; and ciate what my colleagues stand for. public funds to, for the first time in (C) any such non-Federal health insurance But this is very important stuff. more than three decades, cover elective issuer that offers a qualified health plan through the Exchange that includes coverage I ask unanimous consent that a num- abortions. In my opinion, most Ameri- for abortions for which funding is prohibited ber of constituent letters be printed in cans and most of the people in my under this subsection also offers a qualified the RECORD. State would say no. health plan through the Exchange that is There being no objection, the mate- As it is currently written, though, identical in every respect except that it does rial was ordered to be printed in the the Senate health care bill enables tax- not cover abortions for which funding is pro- RECORD, as follows: payer dollars, directly and indirectly, hibited under this subsection. CONSTITUENT LETTERS to pay for insurance plans that cover Our amendment has the support of Senator HATCH: I am absolutely and ada- abortion. We should not open the door the U.S. Conference of Catholic mantly opposed to having any of my tax dol- to do so. As I said yesterday, when we Bishops, the National Right to Life lars go to fund abortion directly or indi- offered the amendment, some sug- Committee, the Family Research rectly. I urge you in the strongest possible gested the Stupak language imposes Council, the Ethics & Religious Liberty terms to vote against any motion to have new restrictions on abortion. But that Commission of the Southern Baptist the Senate consider any bill that does not in- is not the case. We are seeking to apply Convention, Concerned Women for clude specific language like the Stupak the same standards to the Senate Amendment. America, the National Association of Please let me know how you vote on the health care bill that already exist for Evangelicals, and Americans United for upcoming motion to proceed to consider any many Federal health programs. Life Action. healthcare legislation. But the bill does set a new standard. Polls across the country indicate a Thank you. It is a standard in favor of public fund- majority of Americans do not want ing of abortion. Our amendment does their tax dollars paying for elective Senator HATCH: I am extremely concerned not limit the procedure, nor prevent abortions. According to a CNN/Opinion that the majority of members of all the con- people from buying insurance that cov- Research Corporation survey, 6 in 10 gressional committees that have considered ers abortion with their own money. It healthcare legislation have refused to spe- Americans favor a ban on the use of cifically include language that would pro- only ensures that when taxpayer dol- Federal funds for abortion. Anybody hibit allowing any of my tax dollars from di- lars are involved, people are not re- who understands that figure knows rectly or indirectly funding abortions. quired to pay for other people’s abor- there are pro-choice people who also I am absolutely opposed to being forced to tions. favor a ban on the use of Federal funds fund abortions in any way with my tax dol- Some have claimed that the amend- for abortion. lars, and I urge you not to support any ment restricts abortion coverage even It also indicates that the public may healthcare bill that does not specifically pre- for those who pay for their own plan. also favor legislation that would pre- vent this. I consider abortion to be the tak- That is not true, according to ing of innocent life and a fundamental moral politfact.com, a prize-winning, fact- vent many women from getting their issue. I do not want to be forced to support health insurance plan to cover the cost it in any way. . . . checking Web site, which looked at of an abortion, even if no Federal funds Thank you. similar claims by a House Member dur- are involved. This poll indicates that 61 ing House debate on the Stupak percent of the public opposes the use of Senator HATCH: During floor debate on the amendment. PolitFact found, and I public money for abortions for women health care reform bill, please support an quote: who cannot afford the procedure, with amendment to incorporate longstanding First, she suggests the amendment applies 37 percent in favor of allowing the use policies against abortion funding and in to everyone in the private insurance market favor of conscience rights. If these serious of Federal funds. when it just applies to those in the health concerns are not addressed, the final bill care exchange. Second, her statement that So my question to my fellow Sen- should be opposed. ators is the following: When is this the restrictions would affect women ‘‘even Genuine health care reform should protect when they would pay premiums with their Congress going to start listening to the the life and dignity of all people from the own money’’ is incorrect. In fact, women on American people, people on both sides moment of conception until natural death. the exchange who pay the premiums with of this issue, who do not feel that tax- The PRESIDING OFFICER. The Sen- their own money will be able to get abortion payers ought to be saddled with paying ator from Montana. coverage. So we find her statement false. for abortion through their tax dollars, Mr. BAUCUS. Mr. President, I ask The Nelson-Hatch-Casey amendment or in any other way, for that matter? unanimous consent that the Senator only incorporates the longstanding I urge my colleagues to support the from Nebraska be allowed to speak for rules of the Hyde amendment, which Nelson-Hatch-Casey amendment. Do up to 10 minutes. Congress approved in 1976, to ensure the right thing and support our amend- The PRESIDING OFFICER. Without that no Federal funds are used to pay ment, which truly protects the sanc- objection, it is so ordered. for abortion in the legislation. tity of life and provides conscience pro- The Senator from Nebraska. This standard now applies to Federal tections to health care providers who Mr. NELSON of Nebraska. Mr. Presi- health programs covering such wide do not want to perform abortions. That dent, I rise to discuss the bipartisan and broad groups as veterans, Federal is an important aspect of this issue, amendment which I have proposed with employees, Native Americans, active- and I have waited until the last minute Senator HATCH, the Presiding Officer, duty servicemembers, and others—all to say something about that issue. Why and others. As my good friend and col- of whom are covered under some form should people of conscience be forced league from Utah has so eloquently ex- of a Federal health program. to participate in any aspect of elective plained, our amendment mirrors the Thus, this standard applies to indi- abortions? They should not. People language offered by Representative viduals participating in the Children’s who have deep feelings of conscience STUPAK that was accepted into the Health Insurance Program, Medicare, should not be forced—that includes House health care bill. Our view is that Medicaid, Indian Health Services, vet- nurses, doctors, health care providers, it should become part of the Senate erans health, and military health care hospitals—they should not be forced to health care bill we are debating as programs. do this, just because of the radicalness well. I wish to emphasize another point. of some people who exist in our society It is a fact that the issue of abortion All current Federal health programs today, and some think the radicalness stirs very strong emotions involving disallow the use of Federal funds to of some in this body and in the other strongly held principles all across help pay for health plans that include body. It is radical to expect the Amer- America, from those who support the abortion. Our amendment only con- ican taxpayers to pay for elective abor- procedure and those who do not. We are tinues that established Federal policy. tions, especially when such a high per- hearing that passion at times here on Some have said the Hyde amendment centage—up to 68 percent, according to the Senate floor. already is in effect in this bill. But some polls, and I think even higher—do But we are not here to debate for or that is not the case at all. The bill says not want to have Federal dollars used against abortion. This is a debate the Secretary of Health and Human for this purpose. about taxpayer money. It is a debate Services may allow elective abortion

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.048 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12680 CONGRESSIONAL RECORD — SENATE December 8, 2009 coverage in the Community Health In- State law, that requires a private ligion to receive Federal funds as long surance Option—the public option—if health plan to include abortion cov- as these funds are segregated from reli- the Secretary believes there is suffi- erage. But the bill before us, as writ- gious activities. We all know that. We cient segregation of funds to ensure ten, does. see it in program after program. If Federal tax credits are not used to pur- As I have said, the current health these organizations can successfully chase that portion of the coverage. care bill we are debating should not be segregate their sources of funding, The bill would also require that at used to open a new avenue for public surely health insurance plans can do least one insurance plan that covers funding of abortion. We should preserve the same. Additionally, the Secretary abortion and one that does not cover the current policies, which have stood of Health and Human Services must abortion be offered on every State in- the test of time, which are supported certify that the plan does not use any surance exchange. by most Nebraskans and most Ameri- Federal funding for abortion coverage Federal legislation establishing a cans. The Senate bill, as proposed, goes based on accounting standards created public option that provides abortion against that majority public opinion. I by the GAO. coverage and Federal legislation allow- think most Americans would prefer This amendment would place an un- ing States to opt out of the public op- that this health care bill remain neu- precedented restriction on a woman’s tion that provides abortion coverage tral on abortion, not chart a new right to use her own money to pur- eases—let me repeat the word course providing public funds for the chase health care coverage that would ‘‘eases’’—the standards established by procedure. Public opinion suggests so. cover abortions. Let me give my col- the Hyde amendment. So does the fact that over the last 30- leagues one example. Recently, my The claim that the segregation of plus years Congress has passed new staff met with a bright, young, married funds accomplishes the Hyde intent Federal laws that have not broken with attorney who works for the Federal falls short. Segregation of funds is an precedent. Government. She and her husband des- accounting gimmick. The reality is, Finally, as President Obama has said, perately wanted to start a family and taxpayer-supported Federal dollars this is a health care reform bill. It is were overjoyed to learn she was preg- would help buy insurance coverage not an abortion bill. So it is time to nant. Subsequently she learned the that includes covering abortion. simply extend the longstanding stand- baby she was carrying had I wish to offer some other points ard disallowing public funding of abor- anencephaly, a birth defect whereby about the effect of the Nelson-Hatch- tion to new proposed Federal legisla- the majority of the brain does not de- Casey amendment. Under the amendment, no funds au- tion. velop. She was told the baby could not thorized or appropriated by the bill Mr. President, I yield the floor. survive outside of the womb. She ended could be used for abortions or for bene- The PRESIDING OFFICER. The Sen- the pregnancy but received a bill of fits packages that include abortion. ator from Montana. nearly $9,000. Because she is employed The amendment would prohibit the use Mr. BAUCUS. Mr. President, I yield by the Federal Government, her insur- of the affordability tax credits to pur- to the Senator from California. At ance policy would not cover the proce- chase a health insurance policy that least indirectly it is our understanding dure. Her physician argued that con- covers abortion. It would also prohibit that Senator REID will soon come to tinuing the pregnancy could have re- Federal funding for abortion under the the floor to speak. sulted in ‘‘dysfunctional labor and Community Health Insurance Option. Mrs. FEINSTEIN. As soon as he postpartum hemorrhage, which can in- In addition, the amendment makes comes in, I would be happy to yield. crease the risk for the mother.’’ The exceptions in the cases of rape or in- Mr. BAUCUS. That would be my re- physician also warned that the com- cest or in cases of danger to the moth- quest. plications could be ‘‘life threatening.’’ er’s life. Mrs. FEINSTEIN. Thank you. I ap- However, OMB found that this cir- In addition, the amendment allows preciate that. cumstance did not meet the narrow ex- an individual to use their own private The PRESIDING OFFICER. The Sen- ception in which a woman’s life, not funds to purchase separate supple- ator from California. her health, is in danger. The patient mental insurance coverage for abor- Mrs. FEINSTEIN. Mr. President, sim- was told: ‘‘The fetal anomaly presented tions, perhaps even what is called a ply put, I believe this amendment no medical danger to you,’’ despite the rider to an existing plan. would be a harsh and unnecessary step admonitions of her physician. The best The amendment allows an individual back in health coverage for American she could do was to negotiate down the whose private health care coverage is women. cost to $5,000. not subsidized by the Federal Govern- What this amendment would do, as I Now, this story, without question, is ment to purchase or be covered by a read it, is to prohibit any health insur- tragic. A very much-wanted pregnancy plan that includes elective abortions, ance plan that accepts a single govern- could not be continued and, on top of paid for with that individual’s own pre- ment subsidy or dollar from providing this loss, the family was left with a mium dollars. coverage for any abortion, no matter substantial unpaid medical bill. Health Under the amendment, a private in- how necessary that procedure might be insurance is designed to protect pa- surer participating in the exchange can for a woman’s health, even if she pays tients from incurring catastrophic bills offer a plan that includes elective abor- for the coverage herself. following a catastrophic medical event. tion coverage to nonsubsidized individ- The proponents of this amendment But if this amendment passes, insured uals on the exchange, as long as they say their sole aim is to block govern- women would lose any coverage in- also offer the same plan without elec- ment funds from being used to cover cluded in the underlying bill, even if tive abortion coverage to those who re- abortion, but the underlying bill al- she pays for it herself. Why would this ceive Federal subsidies. ready does that. In the bill before us, body want to do that? I can’t support On another point, under Federal law, health plans that opt to cover abortion that. States are allowed to set their own services—in cases other than rape, in- A woman’s pregnancy may also exac- policies concerning abortion. Many cest, or when the life of the mother is erbate a health condition that was pre- States oppose the use of public funds at stake—must segregate the premium viously under control, or a woman may for abortion. Many States have also dollars they receive to ensure that only receive a new diagnosis in the middle passed laws that regulate abortion by private dollars and not government of her pregnancy. It happens. If this requiring informed consent and waiting money is used. They argue that segre- amendment passes, women in these cir- periods, requiring parental involve- gating funds means nothing—you heard cumstances would also learn that their ment in cases where minors seek abor- that—and that money is fungible. How- insurance does not cover an abortion. tions, and protecting the rights of ever, this method of separating funds In some cases, it may be unclear health care providers who refuse, as a for separate uses is used in many other whether the woman’s health problem matter of conscience, to assist in abor- areas, and there is ample precedent for meets the strict definition of life tion. the provision. endangerment. But perhaps most importantly, there For example, charitable choice pro- The National Abortion Federation is no Federal law, nor is there any grams allow agencies that promote re- has compiled calls they receive on

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.049 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12681 their hotline which are available to fornia has outlined would not have Mr. REID. Mr. President, I ask unan- women who need assistance obtaining been covered under the Federal Em- imous consent that the order for the abortion care. Let me give you a few ployees Health Benefits Plan either be- quorum call be rescinded. examples. cause the Federal Employees Health The PRESIDING OFFICER (Mr. Molly was having kidney problems Benefits Plan does not provide abortion KAUFMAN). Without objection, it is so and was in a great deal of pain. She coverage for such circumstances. ordered. couldn’t go to work. She couldn’t pro- Our amendment mirrors the language Mr. REID. Mr. President, there were vide for her two children. When she be- that has been offered by Representa- 45,000 funerals in America this year. came pregnant, she made the decision tive STUPAK that was adopted into the These funerals, 45,000 in number, stood to terminate the pregnancy in order to House health care bill, and we believe out from all the rest. Why? They were have her kidney removed to begin her it should be applied to the Senate bill tearful, as all funerals are. They filled recovery. She knew carrying the preg- as well. As I said earlier, the issue of loved ones with sorrow and grief, as nancy would create additional health abortion certainly prompts strong many of us know firsthand. But these problems and would leave her unable to opinions, fierce passions, and deep- 45,000 funerals were avoidable. That is provide for her family. seated principles for millions and mil- why they were more tragic than most, Jamie already had severe health lions of Americans, those who support because 45,000 times this year—nearly problems when she learned she was the procedure and those who don’t. But 900 times a week, more than 120 times pregnant. She was a severe diabetic our amendment does not take sides on each day, about every 10 minutes in and her low blood sugar levels caused abortion. It is about the use of tax- America, every day, without end— her to suffer from seizures. She was un- payer money. someone dies as a direct result of not able to continue her pregnancy but had The question before us is whether having health insurance. difficulty affording the procedure. public funds, for the first time in more That is a sickening number. You Another was suffering from a serious than three decades, should cover elec- would have to be heartless not to be liver illness when she became pregnant. tive abortions. Numerous public opin- horrified. It doesn’t even include those Doctors were unsure of the cause, but ion polls have shown that most Ameri- who did have health insurance but died she was in a great deal of pain. She al- cans, including a number who support because it was not enough to meet ready had two children. She could not abortion, do not support public funds their most basic needs. That is what care for them because of this pain. The this is all about. paying for abortion. But the Senate tests and medications she needed to ad- But it is not even just about death. bill we are debating allows taxpayer dress her medical condition were in- How many citizens in each of our dollars, directly and indirectly, to pay compatible with pregnancy. States are bankrupt and broke because None of these women experienced im- for insurance plans to cover abortion. of a broken health care system? How mediate threats to their lives, so under That is out of step with the majority of many have to choose between their this amendment their circumstances Nebraskans and of all Americans. mother’s chemotherapy and their would not meet the narrow exceptions Our amendment does not impose new daughter’s college tuition? How many permitted for abortion coverage. restrictions on women despite what have to work two or three jobs to pro- This is a problem. How can one say some have claimed, and I respect but vide for a family they never have time we are going to provide insurance, but strongly disagree with them. We are to see, all because of an accident they we don’t like one aspect of it. We don’t seeking to just apply the same stand- had or an illness they acquired that want the government to pay for it. OK, ards to the Senate health care bill that some insurance big shot calls a pre- OK. But the woman herself can’t pay already exist for every Federal health existing condition. for it. That is the extra step that this program. So many of these tragedies could be legislation takes. Our amendment does not add a new prevented. If our Nation truly values To this day, it is still legal to have restriction, but the bill does add a new the sanctity of life, as I believe it does, an abortion. Women in this situation relaxation of a Federal standard that we will do everything we can to pre- don’t buy insurance for abortion, but has worked well for more than 30 years. vent them. That is why we are pushing they buy a policy that may cover Under our amendment, abortion isn’t so hard to make it possible for every them, married women, should some- limited, nor would people be prevented American to afford good health. That thing happen in a pregnancy in the from buying insurance on the private is why we cannot take no for an an- third trimester. If they find a baby is market covering abortion with their swer, and that is why we will not let without a brain, she can have an abor- own money. the American people down. tion, and it is covered. Our amendment only ensures that That value is also evident in the One of the problems with this whole where taxpayer money enters the pic- amendment before us. As some know, debate is everybody sees something ture, people are not required to pay for for many years—nearly 28 years as a through their own lens. They don’t see people’s abortions. Member of the House of Representa- the grief and trouble and morbidity The Nelson-Hatch-Casey amendment tives, of the Senate, and as majority that is out there and the circumstances incorporates the longstanding standard leader—I have consistently cast my that drive a woman to decide—mar- established by the Hyde amendment vote against abortion. ried—she has to terminate her preg- which Congress approved in 1976. Today To me, it is not about partisanship of nancy for very good medical reasons. it applies to every Federal health pro- any kind or political points or even Nobody considers that. This is all gram. That includes plans that cover polling data. To me, it is a matter of ideologic, and it really, deeply bothers veterans, Federal employees, including conscience. me. Members of Congress, Native Ameri- I might not be the loudest on this So I can only tell my colleagues I cans, Active-Duty servicemembers, and topic, but that doesn’t make my beliefs very much hope this amendment goes a whole host of others. any less strong. I might oppose abor- down. Some people have called our amend- tion, but that does not mean I am op- Thank you very much, Mr. President. ment radical. Nothing could be further posed to finding common ground for I yield the floor. from the truth. It is reasonable. It is the benefit of the greater good. We can The PRESIDING OFFICER. The Sen- rational because it follows established find common ground. ator from Nebraska. Federal law. It is right. Taxpayers My belief in the sanctity of life is Mr. NELSON of Nebraska. Mr. Presi- shouldn’t be required to pay for peo- why I have repeatedly voted against dent, I would like to summarize the ple’s abortions. It is just that simple. using taxpayer money for abortion. It reasons for and the intent of the Thank you, Mr. President. I yield the is why I have repeatedly voted against amendment that Senator HATCH and floor, and I note the absence of a covering abortions in Federal employ- the Presiding Officer and I, together quorum. ees health insurance plans and repeat- with others, have proposed to the The PRESIDING OFFICER. The edly voted against allowing Federal fa- health care bill. clerk will call the roll. cilities to be used for abortions. First of all, I should say the exam- The assistant bill clerk proceeded to But I recognize abortion is an emo- ples our very good friend from Cali- call the roll. tional issue. Many Senators in this

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.050 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12682 CONGRESSIONAL RECORD — SENATE December 8, 2009 body disagree, as many citizens in the would treat it and what this amend- long list of Federal laws regarding con- country disagree, on the issue. But di- ment would require in addition and science protections and refusal rights, visive issues don’t have to divide us. then evaluating whether it improves it even outlaws discrimination against There is value in finding common the overall effort. those health care providers and facili- ground. As current law dictates, not a single ties with moral and religious objec- Among this institution’s immortals taxpayer dollar—not one—can be used tions to abortion. That means if a doc- is Senator Henry Clay, who worked to pay for an abortion. There are very tor does not believe it is right to per- under the premise that, as he said: few—but very serious—exceptions to form an abortion, he or she can say no, All legislation is founded upon the prin- this rule: Those are explicitly limited no questions asked. Health care facili- ciple of mutual concession. to cases in which the life of the mother ties such as Catholic hospitals, which It is in that spirit that I have been is in danger and when the pregnancy is are the largest nongovernment, non- able to work with my colleagues to my the result of rape or incest. profit health care providers in the left and to my right—Congressmen and This law is called the Hyde amend- country, would continue to have the Senators who are pro-life, such as I am, ment. It has been on the books since same right to refuse to perform abor- and those who are pro-choice. One of the late Republican Congressman tions. the ways I have done this is by trying Henry Hyde wrote it in 1976. I have Under our bill, at least one plan that to reduce the rate and number of unin- great respect for Henry Hyde, and I re- does not cover abortion services will tended pregnancies. call with fondness how this Illinois Re- have to be offered in each exchange so Our great country leads the world in publican Congressman came to Nevada no one will be forced to enroll in a plan many ways. But this area is not one in and campaigned for me. We worked to- that covers abortion services. This is which we take much pride. The United gether at a time when a Republican an improvement since the current mar- States has one of the highest rates of could campaign for a Democrat and ketplace does not provide a similar unintended pregnancies among all in- vice versa and not fear retribution and guarantee. dustrialized nations, and that is an un- condemnation from his own party. It is clear that the current bill does derstatement. Half of all pregnancies When we drafted the health reform not expand or restrict anyone’s access in America—every other one—is unin- bill now under consideration, we to abortion, period. It does not force tended. Of those, more than half result worked hard to come up with a com- any health plans to cover abortion or in abortions. promise between pro-life and pro- prohibit them from doing so, period. I have worked to stop this problem choice Senators. On one side, there are Why? Because this bill is about access before it starts. In 1997, Senator Olym- some Senators who don’t believe abor- to health care, not access to abortions. pia Snowe and I started the first of tion should be legal, let alone men- I have great respect for Senator BEN many efforts to improve access to con- tioned in any health plan. On the other NELSON. His integrity and independ- traception. We said health plans should side, there are Senators who don’t ence reflect on the Nebraskans he rep- treat prescription contraception the want a woman’s access to legal abor- resents. His strong beliefs are rooted in same way it treats other prescription tion to depend on which health plan his strong values. But he shows, better medications. We even passed a law that she could afford, and they wanted that than most, that one can be steadfast ensures that Federal employees have reflected in this bill. without being stubborn. Senator NEL- access to contraception. This proves So legislating in pursuit of mutual SON has always been a gentleman what is possible when Senators have concession, as Senator Clay advised, we whose consideration is the true por- different backgrounds, both of good struck a compromise. It is a com- trait of how a Senator should conduct faith, work with each other rather than promise that recognizes people of good oneself. against each other. faith can have different beliefs, and in- I mentioned that our underlying bill In this case, a pro-life Democrat and stead of trying to settle the sensitive leaves current law where it is. This a pro-choice Republican followed com- question of abortion rights in this bill, amendment, however, does not. It goes mon sense and found common ground. I we found a fair middle ground. further than the standard that has have always been appreciative of Sen- That compromise is, we maintain guided this country for 33 years. It ator SNOWE for her cooperation and her current law. We are faithful to the would place limits not only on tax- courage. I continue, to this day, to be Hyde amendment, which has been in payer money, which I support, but also grateful. place now for 33 years. Let me be clear. on private money. Again, current law Let’s not forget that the historic bill As our bill currently reads, no insur- already forbids Federal funds from pay- before this body will continue those ef- ance plans in the new marketplace we ing for abortions, and our bill does not forts. By making sure that all Ameri- create—whether private or public— weaken that rule one bit. I believe cur- cans can get good health care, we will would be allowed to use taxpayer rent law is sufficient, and I do not be- reduce the number of unintended preg- money for abortion, beyond the limits lieve we need to go further. Specifi- nancies at the root of this issue. That of existing law. cally, I do not believe the Senate needs is a goal both Democrats and Repub- But we don’t stop there. The bill to go as far as this amendment would licans can agree is worthwhile. takes special care to keep public and take us. No one should use the health Let’s talk about current law and this private dollars separate to make sure care bill to expand or restrict abortion, bill. In that and many other respects, that happens. This isn’t a new concept. and no one should use the issue of abor- this bill is a good, strong, and historic It is worth noting this practice of seg- tion to rob millions of the opportunity one. It is a bill that will affect the lives regating money is consistent with to get good health care. of every single American, and it will do other existing rules that make sure the This is not the right place for this de- so for the better. It will—as you have public doesn’t pay for things it bate. We have to get on with the larger heard me say many times—save lives, shouldn’t. It is consistent with the ex- issue at hand. We have to keep moving save money, and save Medicare. isting Medicaid practice that gives toward the finish line and cannot be But you have also heard me say this States the option of covering abortion distracted by detours or derailed by di- bill deserves to go through the legisla- also at their expense. It mirrors prac- versions. tive process. That process includes tices already in place to separate Our health reform bill now before amendments. It warrants additions, church and State by ensuring money this body respects life. I started by say- subtractions, and modifications, as the the Federal Government gives religious ing I believe in the sanctity of life. But Senate sees fit. This is an appropriate organizations is not used for religious my strong belief is that value does not process, one that has served this body practices. So we are not reinventing end when a child is born; it continues well for more than two centuries. the wheel. throughout the lifetime of every per- The amendment before us today, of- Just as current law demands, the bill son. fered by Senator NELSON of Nebraska, respects the conscience of both indi- With this bill, nearly every American would make dramatic changes in cur- vidual health care providers and health will be able to afford the care they rent law in America. It is worth exam- care facilities. And once again, it goes need to stay healthy or care for a loved ining what that law says, how this bill further. Our bill not only safeguards a one. It respects life.

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.052 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12683 Those who today have nowhere to lute rights. Jefferson put it even before Menendez Rockefeller Tester Merkley Sanders Udall (CO) turn will soon have security against liberty, even before the pursuit of hap- Mikulski Schumer Udall (NM) what President Harry Truman called piness—life. Murray Shaheen Warner ‘‘the economic effects of sickness.’’ It If we still truly value life in Amer- Nelson (FL) Snowe Webb respects life. ica—and I believe we do—if we still Reed Specter Whitehouse Reid Stabenow Wyden Those who suffer from disease, from truly value the life of every American, injury, or from disability will no longer we cannot turn our backs on the 14,000 NAYS—45 be told by claims adjustors they never of us who lose health coverage every Alexander Crapo LeMieux met that they are on their own. It re- single day of every week of every Barrasso DeMint Lugar Bayh Dorgan McCain spects life. month of every year in this country— Bennett Ensign McConnell It will help seniors afford every pre- no weekends off, no vacations. How Bond Enzi Murkowski scription drug they need so they do not many of the thousands of men, women, Brownback Graham Nelson (NE) have to decide which pills to skip and Bunning Grassley Pryor and children who today will be kicked Burr Gregg Risch which pills to split. It respects life. out in the cold will next year become Casey Hatch Roberts It will stop terrible illnesses before one of the tens of thousands who die Chambliss Hutchison Sessions they start and stop Americans from because of it? If we value the sanctity Coburn Inhofe Shelby Cochran Isakson Thune dying of diseases we know how to of life, as I know we do, and fix what is Conrad Johanns Vitter treat. It respects life. broken, as I know we must, we will not Corker Kaufman Voinovich We will stop terrible abuses, such as have to find out. Cornyn Kyl Wicker insurance companies looking at earn- I believe in this bill and what it will NOT VOTING—1 ings reports instead of your doctor’s re- do for our country for generations to Byrd port and charging rates that make the come, what it will do for our constitu- The motion was agreed to. health we want a luxury. It respects ents, my children, my grandchildren, Mrs. BOXER. I move to reconsider life. and their children and their grand- the vote. We will ensure the most vulnerable children. I will not support efforts to Mrs. FEINSTEIN. I move to lay that and the least prosperous among us can undermine this historic legislation. motion on the table. afford to go to a doctor when they are Mrs. BOXER. Mr. President, I ask The motion to lay on the table was sick or hurt, not to the emergency unanimous consent that the Senate agreed to. room where the rest of us pick up the proceed to vote in relation to the Nel- The PRESIDING OFFICER. Under bill. It respects life. son-Hatch amendment No. 2962; that the previous order, there will be 2 min- This bill recognizes that health care regardless of the outcome of the vote utes of debate equally divided prior to is a human right. This bill respects life. with respect to that amendment, there a vote in relation to the motion to The issue in this amendment is not be 2 minutes of debate prior to a vote commit offered by the Senator from the only so-called moral issue in this in relation to the McCain motion to Arizona. debate. The ability of all Americans to commit, equally divided and controlled Who yields time? afford and get the access to care they in the usual form; that upon the use or The Senator from Montana. need to stay healthy is also a question yielding back of that time, the Senate Mr. BAUCUS. Mr. President, the of morality. proceed to vote in relation to the McCain motion to commit on Medicare The reason I oppose abortion and the McCain motion to commit; the McCain Advantage would keep overpayments reason I support the historic bill is the motion be subject to an affirmative 60- in the Medicare Advantage program, same: I respect the sanctity of life. vote threshold; that if the motion even though the Medicare Payment Ad- This is a health care bill. It is not an achieves that threshold, then it be visory Commission recommends that abortion bill. We cannot afford to miss agreed to and the motion to reconsider they be eliminated. the big picture. It is bigger than any be laid upon the table; that if it does The McCain motion to commit is a one issue. Neither this amendment nor not achieve that threshold, then it be tax on all seniors. It would maintain any other should be something that withdrawn; and that no amendment be the overpayments to private insurers overshadows the entire bill or over- in order to the motion. whelms the entire process. and require beneficiaries to pay higher The PRESIDING OFFICER. Without Throughout my entire public career, Part B premiums. The average couple objection, it is so ordered. I voted my conscience on the subject of pays $90 per year just so insurers can Mrs. BOXER. Mr. President, I move abortion. As I said, that decision is reap greater profits under Medicare. to table the Nelson amendment, and I based on something personal with me. The McCain amendment is a raid on ask for the yeas and nays. My vote today will also honor another the Medicare trust fund. MA overpay- principle I believe to my very core and The PRESIDING OFFICER. Is there a ments take 18 months off the life of the that I will believe until my very last sufficient second? Part A trust fund. And according to day on Earth: We must make it pos- There is a sufficient second. MedPAC, there is no evidence of great- sible for every American to afford a The question is on agreeing to the er quality of care. In fact, MedPAC told healthy life. motion. The clerk will call the roll. Congress this year that ‘‘only some’’ I believe the compromise in our cur- The legislative clerk called the roll. MA plans are of high quality. MedPAC rent bill and the current bill itself fully Mr. DURBIN. I announce that the finds that ‘‘only half of beneficiaries fulfill both of these moral imperatives. Senator from West Virginia (Mr. BYRD) nationwide have access to a plan that And I believe when we are given the is necessarily absent. Medicare rates above average on over- trust of our neighbors, friends, rel- The PRESIDING OFFICER. Are there all plan quality.’’ atives, the privilege to lead the oppor- any other Senators in the Chamber de- The more than 45 million seniors tunity to improve others’ lives, we can- siring to vote? with Medicare deserve better. They do not turn our backs. We cannot turn our The result was announced—yeas 54, not deserve to subsidize high profits of backs on the tens of millions of Ameri- nays 45, as follows: private insurers. And the more than 11 cans who have no health insurance at [Rollcall Vote No. 369 Leg.] million Medicare beneficiaries who all—none—not thousands, not hun- YEAS—54 choose to enroll in private plans also dreds, not millions but tens of millions. Akaka Collins Kerry deserve better. They deserve plans that We cannot turn our backs on the many Baucus Dodd Kirk coordinate care. Most plans today do who do but live one accident, one ill- Begich Durbin Klobuchar not. They deserve plans that are of Bennet Feingold Kohl ness, or one pink slip away from losing Bingaman Feinstein Landrieu high quality. Many plans today do not. that insurance they have. Boxer Franken Lautenberg If Senators want to help bene- One of the most cherished charters Brown Gillibrand Leahy ficiaries, they will vote to eliminate this Nation has, drafted by one of our Burris Hagan Levin overpayments under Medicare Advan- Cantwell Harkin Lieberman most beloved leaders, declared life to Cardin Inouye Lincoln tage. And they should vote against the be the first among several of our abso- Carper Johnson McCaskill McCain motion.

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.053 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12684 CONGRESSIONAL RECORD — SENATE December 8, 2009 The PRESIDING OFFICER. The Sen- Tester Udall (NM) Whitehouse right kind of insurance could see a pen- ator from Arizona. Udall (CO) Warner Wyden alty as high as $3,000 per employee. Mr. MCCAIN. Mr. President, this NOT VOTING—1 We should be encouraging people to amendment is about an earmark. It is Byrd hire in this kind of environment. That about a special deal cut for a special The PRESIDING OFFICER. On this should be job No. 1: creating jobs. group of people who happen to reside in vote, the yeas are 42, the nays are 57. Yet imposing taxes and fines are what is in this bill, and that is not the State of Florida. I am never so pre- Under the previous order requiring 60 going to encourage hiring; it is going sumptuous. I have lost too many votes votes for adoption of the motion, the to discourage hiring. That is economics trying to eliminate earmarks. But motion is withdrawn. what I am trying to do is allow every Mrs. HUTCHISON addressed the 101. Individual taxes: There are $8 billion American citizen who is enrolled in Chair. in taxes for those who don’t purchase Medicare Advantage to have the same The PRESIDING OFFICER (Mrs. insurance on their own. The tax is $750 protection of their Medicare Advantage SHAHEEN). The Senator from Texas. Program as the Senator from Florida Mr. DORGAN. Madam President, will per person. Again, because you are in- sured today does not mean you will has carved out in this bill. That is all the Senator from Texas yield for a avoid the tax. You must have the right it is about. It is about equality. It is unanimous consent request? kind of insurance—insurance that the about not letting one special group of Mrs. HUTCHISON. I will. Federal Government approves and says people who reside in a particular State Mr. DORGAN. Madam President, I ask unanimous consent that following is the right amount of insurance. get a better deal than those who live in How about the taxes on high-benefit the presentation by the Senator from the rest of the country. That is all this plans? There are $149 billion in taxes on Texas that I be recognized to offer an amendment is about. health insurance plans that the Fed- amendment, and following that Sen- It will probably be voted down on a eral Government says are too robust. ator CRAPO be recognized to offer an party-line vote. But what you have These high-benefit plans—Cadillac amendment, and Senator CRAPO, I be- done is you have allowed a carve-out plans some call them—would be subject lieve, wishes to speak 2 or 3 minutes, for a few hundred thousand people in to a 40-percent excise tax. To make it and following that then I would be rec- the State of Florida and have dis- worse, the tax is not indexed, so it is a allowed the other 11 million who have ognized as well for a presentation on new AMT, a new alternative minimum Medicare Advantage from having their the amendment I have offered, and fol- tax that everyone says was not sup- health care cut. That is what this is all lowing my presentation, the Senator posed to encroach on lower income peo- about. from Minnesota, Ms. KLOBUCHAR, would ple, but, in fact, it has because it is not Mr. BOND. I ask for the yeas and be recognized, and Senator KAUFMAN indexed for inflation. nays. would be recognized as part of the col- So here we are. In this bill, you get The PRESIDING OFFICER. Is there a loquy with Senator KLOBUCHAR. taxed if you don’t provide enough bene- sufficient second? The PRESIDING OFFICER. Without fits and you get taxed if you provide There is a sufficient second. objection, it is so ordered. too many benefits. So this is beginning The question is on agreeing to the The Senator from Texas. to sound like government-run health motion. Mrs. HUTCHISON. Madam President, care to me, and I can only imagine how we have spent the last few days high- The clerk will call the roll. the unions feel because they are the lighting how this health care reform The assistant legislative clerk called ones that have these high-benefit plans bill is paid for by cutting benefits to the roll. and here they are under fire because seniors, jeopardizing their access to Mr. DURBIN. I announce that the they have too much coverage. care. Almost $500 billion will be cut Senator from West Virginia (Mr. BYRD) Medicare payroll tax: This is the new from the Medicare Program. is necessarily absent. payroll tax that is imposed on individ- But this bill also imposes $1⁄2 trillion The PRESIDING OFFICER. Are there uals making more than $200,000 and in new taxes. These are taxes that hit couples making more than $250,000. any other Senators in the Chamber de- every American and virtually every siring to vote? That tax raises another $54 billion. health care business or related business This additional payroll tax is a mar- The result was announced—yeas 42, in the country. nays 57, as follows: riage penalty. It is not indexed to infla- During an economic downturn, this tion, meaning it is another AMT in the [Rollcall Vote No. 370 Leg.] approach is counterintuitive. These making because today, that may sound YEAS—42 taxes will discourage investment and high—$200,000 and $250,000—but it is a Alexander DeMint McCain hiring. We are in one of the worst eco- huge marriage penalty, and it could Barrasso Ensign McConnell nomic downturns in the history of our begin then to go down in numbers so Bennett Enzi Murkowski country. We do not need to tell any- Bond Graham Nelson (NE) that more and more people are af- Brownback Grassley Risch body that. We are all feeling it. We fected. Bunning Gregg Roberts know people who are suffering right This body voted unanimously during Burr Hatch Sessions now. the budget debate—unanimously—that Chambliss Hutchison Shelby Coburn Inhofe Snowe I look at what has been done in the a point of order would be made against Cochran Isakson Thune past when we have had economic down- legislation that would impose a mar- Collins Johanns Vitter turns, and I look at President Kennedy, riage penalty in the budget. So we have Corker Kyl Voinovich President Reagan, President Bush. Cornyn LeMieux Webb voted unanimously that a budget point Crapo Lugar Wicker They lowered taxes. What happened? of order would stand if there is a mar- The economy was spurred. Lower taxes riage penalty in the budget. So now NAYS—57 have proven to spur the economy. Yet here we are a few months later, and the Akaka Feinstein McCaskill in this bill we see $1⁄2 trillion in new majority is not only retreating from Baucus Franken Menendez Bayh Gillibrand Merkley taxes on families and small businesses. the opposition to the marriage penalty, Begich Hagan Mikulski Let’s walk through some of these but we now have for the first time in Bennet Harkin Murray taxes. our Tax Code—or will when this bill Bingaman Inouye Nelson (FL) Employer taxes. Madam President, Boxer Johnson passes—a payroll tax marriage penalty. Pryor $28 billion in new taxes is imposed on How on Earth can we do that? Brown Kaufman Reed Burris Kerry Reid businesses that do not provide health I am going to fight this marriage Cantwell Kirk Rockefeller insurance to their employees. To avoid penalty, and I hope the Senate will Cardin Klobuchar Sanders Carper Kohl the tax, an employer has to provide the vote against this concept. It is a new Casey Landrieu Schumer right kind of insurance—insurance that precedent that could be set in other Conrad Lautenberg Shaheen the Federal Government approves. It is areas that would say if you are mar- Specter Dodd Leahy going to be a certain percentage and ried, you are going to get fewer bene- Dorgan Levin Stabenow Durbin Lieberman have certain coverage requirements. fits than if you are single. That is not Feingold Lincoln Employers who do not provide the a precedent we ought to be setting.

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.055 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12685 Then there is the medical deduction which we know they are—that maybe As the motion which has just been cap. There is a change in our Tax Code they might consider bringing every- read clearly states, this motion would that would limit the itemized deduc- body into this process and listening to be to commit this bill to the Finance tion for medical expenses. We have al- other ideas that would not be a govern- Committee for the Finance Committee ways had one that said if your medical ment takeover of our health care sys- to do one simple thing, and that is to expenses go above 7.5 percent of your tem; that would not be more govern- make the bill conform to President income, that you would be able to de- ment mandates, more taxes, cuts from Barack Obama’s pledge to the Amer- duct anything above that. This bill in- Medicare services. This is a recipe for ican people about health care reform creases that threshold to 10 percent so disaster for our country, and I hope it and who would pay for health care re- that if you are going to get deduc- is not too late for the Democratic ma- form. tions—and this is going to affect people jority to say: OK, let’s get together and In a speech he has given in a number who have catastrophic accidents, real- try to put together a bipartisan plan of different places, President Obama ly, really high medical bills, debili- that will not hurt the quality of health has very clearly stated: tating health conditions, or very, very care that Americans have known and I can make a firm pledge . . . no family expensive medicine—if you go above 7.5 expected in our country, one that will making less than $250,000 will see their taxes percent today, you would be able to de- increase . . . not your income taxes, not bring costs down and make health care your payroll taxes, not your capital gains duct. But in this bill, it is going to be more affordable, one that will give car- 10 percent of your income before the taxes, not any of your taxes. You will not see rots to our employers not sticks that any of your taxes increase one single dime. government is going to allow you to will switch them if they don’t have the All this motion does is to commit deduct these added expenses. right kind of coverage or the govern- Then there is the drug, device, and this bill to the Finance Committee to ment-approved coverage or the right have the Finance Committee assure insurance company taxes: $60 billion in percentage of coverage. taxes assessed to insurance companies, that its provisions comply with this We can do better and I hope we will. pledge. $22 billion to prescription drug manu- Thank you, Madam President. I yield facturers, and $20 billion on medical Now, why would we want to do that? the floor. I think most Americans are very aware device manufacturers. The experts The PRESIDING OFFICER. The Sen- have said, all of the economists have today that this bill comes at a huge ator from North Dakota. price. There are $2.5 trillion of new said these taxes will be paid by the AMENDMENT NO. 2793, AS MODIFIED, TO public. Of course they are going to be Federal spending, $2.5 trillion of new AMENDMENT NO. 2786 Federal spending that is offset, if you passed on: higher premiums for every (Purpose: to provide for the importation of insurance policy that is already there, will, by about $500 billion worth of cuts prescription drugs) in Medicare and $493 billion worth of and higher prices for medications and Mr. DORGAN. Madam President, I medical equipment. cuts in the first 10 years are tax in- call up amendment No. 2793, as modi- creases, $1.2 trillion of tax increases in So medications you take for diabetes fied, and ask for its immediate consid- or heart disease, medications or med- the first real 10 years of the full imple- eration. mentation of the bill. There is no ques- ical devices that you need to fight can- The PRESIDING OFFICER. The tion but that much of the tax increase cer would all become more expensive clerk will report. because every one of them would have The bill clerk read as follows: that is included in this bill to pay for this massive increase in Federal spend- a higher cost because the company is The Senator from North Dakota [Mr. DOR- ing will come squarely from people in going to pay an added fee just for pro- GAN], for himself, Ms. SNOWE, Mr. GRASSLEY, ducing these medicines and equipment. Mr. MCCAIN, Ms. STABENOW, Ms. KLOBUCHAR, the United States who make less than So many people today are struggling Mr. BROWN, Mrs. SHAHEEN, Mr. VITTER, Mr. $250,000 as a family or less than $200,000 with their medical bills. They are KOHL, Mr. LEAHY, Mr. FEINGOLD, and Mr. as individuals. struggling to fill prescriptions. Why NELSON of Florida, proposes an amendment All we need to do is to go through aren’t we bringing costs down? Isn’t numbered 2793 to amendment No. 2786, as this bill to see that by the analysis we modified. medical cost part of the reason for re- have made so far, it appears that at form because the costs are going up? Mr. DORGAN. Madam President, I least 42 million households in America Wasn’t the point of reform to bring the ask unanimous consent that the read- will pay a portion of this $1.2 trillion in costs down so more people would have ing of the amendment be dispensed new taxes, people who are under these affordable options for health care cov- with. income levels to whom President erage? What happened to that? All of The PRESIDING OFFICER. Without Obama made the pledge. these taxes on individuals and busi- objection, it is so ordered. I will have a greater opportunity to- (The amendment is printed in today’s nesses are going to drive prices and morrow to discuss this motion in more RECORD under ‘‘Text of Amendments.’’) costs up. detail. Tonight I just had a few min- In closing, the bill before us imposes Mr. DORGAN. Madam President, my utes to make the introduction and to understanding is that the Senator from call up the motion, and we will then $1⁄2 trillion in new taxes at a time when unemployment is soaring and our econ- Idaho is to be recognized next for lay- get into a fuller discussion on how this ing down an amendment. bill provides a heavy tax burden on the omy is struggling. We have $1⁄2 trillion The PRESIDING OFFICER. The Sen- in cuts to Medicare which is going to middle class of this country in direct ator from Idaho. severely hurt our senior citizens and violation of the President’s pledge. their access to health care, and then MOTION TO COMMIT So as I conclude, I would simply say Mr. CRAPO. Madam President, I have this is a very simple amendment. We $1⁄2 trillion in tax increases, taxing marriage, taxing Tylenol, taxing high- a motion at the desk which I wish to can debate about whether the bill does benefit plans, taxing low-benefit plans, call up and ask for its immediate con- or does not increase taxes—I think taxes if you offer employee health care sideration. that is absolutely clear—on those in coverage, and taxes if you offer not The PRESIDING OFFICER. The the middle class. But all the motion quite enough. This is a tax-and-spend clerk will report. would do is to commit this bill to the The bill clerk read as follows: bill. Finance Committee to have the Fi- Republicans have repeatedly put for- The Senator from Idaho [Mr. CRAPO] moves nance Committee make the bill com- ward ideas that would reform our to commit the bill H.R. 3590 to the Com- port with the President’s pledge. mittee on Finance with instructions to re- I will conclude by just reading his health system, bring the costs down port the same back to the Senate with without burdening our employers with pledge one more time. The President, changes that provide that no provision of in his words, said: more taxes that would keep them from this Act shall result in an increase in Fed- I can make a firm pledge . . . no family helping our economy by hiring more eral tax liability for individuals with ad- making less than $250,000 will see their taxes justed gross income of less than $200,000 and people; ideas that would increase com- increase . . . not your income taxes, not married individuals with adjusted gross in- petition and transparency and ensure your payroll taxes, not your capital gains access to affordable care. come of less than $250,000. taxes, not any of your taxes. . . . you will So I hope while our colleagues are Mr. CRAPO. Thank you, Madam not see any of your taxes increase one single meeting to try to get their 60 votes— President. dime.

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.058 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12686 CONGRESSIONAL RECORD — SENATE December 8, 2009 That is what this motion accom- I’ve got this one body and this one life, so These advertisements are telling peo- plishes. I wanted to stop my bone loss. But I did ple sitting at home watching a tele- With that, I yield the floor. more than that; I reversed it with Boniva. vision program tonight that you need Ask your doctor if Boniva is right for you. The PRESIDING OFFICER. The Sen- to get up and go talk to your doctor ator from North Dakota. Here is another one: and see if you don’t need some of these Mr. DORGAN. Madam President, the Some of us need help falling asleep. Some pills. It is trying to create consumer amendment I have offered with many of us need help staying asleep. A good night’s demand for something you can get only colleagues—over 30 colleagues, Repub- sleep doesn’t have to be an on/off thing any- because a doctor believes you should more. licans and Democrats, a bipartisan leg- have it. islation—deals with the issue of pre- From the makers of the most prescribed name in sleep medicine comes controlled re- Well, that is where we are now with scription drugs; specifically, the impor- lease Ambien CR. It’s the only one with two prescription drugs in our country. A lot tation of FDA-approved drugs that the layers of sleep relief. of people are taking prescription drugs. American people would be able to ac- Ambien CR is a treatment you and your A lot of these drugs are miracle drugs, cess for a fraction of the price they are doctor can consider along with lifestyle and they allow people to stay out of a charged in this country. changes and can be taken for as long as your hospital. They don’t have to be in an The American people are paying the health care provider recommends. acute-care hospital bed if they manage highest prices in the world for brand- So ask your health care provider about Ambien CR, for a good night’s sleep from the disease—whether it is high blood name prescription drugs. pressure, high cholesterol—with medi- It is not even close. Let me just show start to finish. cine. That is good, and I understand the first chart. I have many. I will Here is another one: that. But this consumer demand-driven show the first one to describe what Does your restless mind keep you from brings me to the floor of the Senate. sleeping? Do you lie awake exhausted? Well, urge for prescription drugs is pretty Here are prices for Lipitor. There are maybe it’s time to ask whether Lunesta is unbelievable. Go talk to a doctor and so many people who take Lipitor that right for you. ask that doctor what happens every they probably ought to put it in the For a limited time, you’re invited to take single day in the doctor’s office. Some- the 7-night Lunesta challenge. Ask your doc- body is coming in and saying: I wonder water supply—the most popular choles- tor how to get 7 nights of Lunesta free and terol-lowering drug in America, per- if I shouldn’t be taking some of this see if it’s the sleep aid you’ve been looking medicine. I read about it or saw the ad- haps in the world. Here is what the for. American people pay for an equivalent Get your coupon at Lunesta.com and ask vertisement about this. I wonder if I quantity: $125. The same quantity costs your doctor today. shouldn’t be taking some of it. It is $40 in Britain, $32 in Spain, $63 in the Here is another one: quite a deal. Netherlands, $48 in Germany, $53 in You produce all of this demand with They’re running the men’s room marathon, dramatic amounts of marketing, pro- France, and $33 in Canada. Once again, with lots of guys going over and over. And it is $125 to the American consumer. here’s the dash to the men’s room with lots motion, and advertising, and then you Here are the two bottles for Lipitor. of guys going urgently. Then there’s a night jack up the price and keep it up. The It is made in Ireland by an American game waking up to go. question is, Who can afford these pre- company and then sent around the These guys should be in a race to see their scription drugs? Who can afford them? world. This happened to go to Canada, doctors. Those symptoms could be signs of So that is what brings me to the and this went to the United States. It BPH or enlarged prostate. Waking up to go, floor of the Senate today saying that starting and stopping, going urgently, in- is the same pill, same bottle, same when the American people are charged complete emptying, weak stream, going over the highest prices for brand-name company, made at the same manufac- and over, straining. turing plant, and it is FDA approved. For many guys, prescription Flomax re- drugs—and this year, it goes up close Difference? The American consumer duces urinary symptoms associated with to 10 percent once again in price—at a gets to pay three to four times higher BPH in one week. Only a doctor can tell if time when we have almost no inflation, cost. Fair? Not for me. you have BPH and not a more serious condi- isn’t that pricing prescription drugs That is what this amendment is tion like prostate cancer. out of the reach of too many Ameri- about. This amendment is about free- Call 1–877–FLOMAX to see if Flomax works cans? dom, giving the American people the for you and to see if you qualify for $40 off We are now talking about health care your prescription. reform. There is nothing in any of this freedom in the global economy to buy For many men, Flomax can make a dif- the same FDA-approved drug from ference in one week. legislation in the House or the Senate those countries that have an identical that addresses this question of the Here is another one: chain of custody as we do in this coun- steep and relentless price increases on try, so an FDA-approved drug sold for a There are moments you look forward to, prescription drugs. There is nothing in and you shouldn’t have to miss out on them. fraction of the price—why should we Sometimes a bladder control problem can any of this legislation that does that. prevent the American people from cause unwanted interruptions. It doesn’t The question is, Shouldn’t we be ad- being able to exercise and see the same have to be that way. Overactive bladder is a dressing this as well? savings every other consumer in the treatable medical condition. I talked about Lipitor. Let me show world sees? Enablex is a medication that can help re- you Plavix. Do you see the U.S. price? Let me see whether anybody recog- duce bladder leaks and accidents for a full 24 The U.S. consumer pays the highest nizes this. Prescription drugs are a sig- hours. Ask your doctor about Enablex. prices in the world. nificant part of our lives. We are Well, I have a couple dozen more. Here is Nexium. If you want to buy bombarded with ads every single day. Most people understand what this is that, you get to pay $424 in the United Let me show a demonstration of the because they have heard them all— States, and it is $41—one-tenth the push for consumption of prescription things like: Go ask your doctor if the price—in England, $36 in Spain, and $37 drugs at the highest brand-name prices purple pill is right for you. They don’t in Germany. The question is this: If in the world. have the foggiest idea what a purple Nexium is an FDA-approved drug—and On television, Sally Field says to pill is for. They think that with all it is—made in plants approved by our us—and I have seen it many mornings these scenes of trees and green grass FDA—and it is—why should an Amer- when I am brushing my teeth—she says and convertible cars and pillow clouds ican citizen not be able to access this this: in the sky, if life is like that when you drug from here, from here, and from I always thought calcium, vitamin D, and are on the purple pill, give me some here? It is because the pharmaceutical exercise would keep my bones healthy. But I purple pills. I mean, that is what this industry doesn’t want them to. They got osteoporosis anyway, so my doctor start- advertising is all about. have had enough friends here to keep ed me on once-a-month Boniva. And he told I don’t mean to make light or fun of in place a law that prevents the Amer- me something important: Boniva works with all of it. Prescription drugs are impor- ican people from reimporting these your body to help stop and reverse bone loss. My test results proved I was able to stop tant in people’s lives. I understand drugs. That is why. and reverse my bone loss with Boniva. And that. But you know what, you can only That is what this amendment is studies show that after one year, 9 out of 10 get a prescription drug if your doctor about. This amendment says: Give the women did, too. prescribes it and believes you need it. American people the freedom to access

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.059 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12687 FDA-approved drugs where they are drugs. How many people have said to capabilities and, in fact, dramatically sold at a fraction of the price. you: Yes, I take the drugs my doctor enhances the safety of our existing Madam President, there is a lot to asks me to take, but I cut them in half drug supply. talk about, and I will describe a num- because I cannot afford the whole dose. I am going to show tomorrow that ber of circumstances that have brought We have all heard that. So the question the existing drug supply has all kinds us to this point. is, Are we going to do something about of issues. I will show batch lots of ex- This is the place for this amend- it? isting drugs that have gone through ment—not some other place; this is the This is a chart that shows price in- strip joints, in the back room in cool- place. It is about health care. We have creases in 2009. Enbrel, for arthritis, is ers, and distributed out of strip joints. been told over and over again that our up 12 percent. Singulair, for asthma, is I am going to talk about that. But, problem is that health care is con- up 12 percent. Boniva is up 18 percent. first, I wish to say I was surprised to suming too large a portion of the GDP Nexium is up 7 percent. get this letter because both the Presi- of this country—roughly 17.3 percent, I I want to talk a bit about the issue of dent and the Chief of Staff at the White believe. All right, part of health care— drug prices versus inflation. This chart House were a cosponsor in the Senate not the largest part but one of the fast- shows what has happened to the price and a leader in the House for re- est growing parts is prescription drugs. of prescription drugs, the red line, and importation of prescription drugs. So if the issue is that health care is ris- the inflation rate in this country, the I called the head of the FDA yester- ing in cost relentlessly and consuming yellow line. It describes why it is ur- day afternoon about this time and said: too large a portion of our GDP because gent that we do something, why we I have heard rumors that there was a we spend much more on health care cannot allow a health reform bill to letter coming to Capitol Hill on this than anybody else in the world by far— leave this Chamber and do nothing issue. She told me she was not aware of it is not even close—if that is the case about the issue of prescription drugs. such a letter. Twenty-four hours later, and if one of the fastest rising areas of We must at least address this question apparently she is aware of that letter health care is drug costs, then why of whether the American people should because she signed it. I am interested would legislation that leaves this not have the freedom to access these in where it was written, but that is an- Chamber or the House of Representa- identical drugs where they are sold other subject I will save for tomorrow tives not include something that ad- elsewhere for a fraction of the price. as well. dresses these unbelievable price in- This year, there was a 9.3-percent in- We will be told, as we have been so creases for prescription drugs? How is crease in brand-name prescription drug often, that if you allow the American it that we would allow that to happen? prices, at a time when inflation is people to buy prescription drugs that I don’t know how we got to this point going down. We have had deflation. are FDA approved from elsewhere, it without having it in the bill, but I aim That is not justifiable. will be somehow unsafe. The implica- to try to put it in. Madam President, I know we are tion is, we are not smart enough and I understand, by the way, that there going to have a lot of debate here in we are not capable enough of putting is tremendous pushback by the phar- the Chamber about a lot of things. I together a system that the Europeans maceutical industry. If I had the sweet- will describe tomorrow morning, when have had together for 20 years. heart deal they have, I would fight to I speak, that 40 percent of the active In Europe, they do this routinely. the finish to try to keep it. I under- ingredients in U.S. prescription drugs For 20 years, they have had something stand that. currently come from India and China. called parallel trading. You are in Ger- By the way, let me just say, as I have And they are worried about somebody many and want to buy a prescription always said and nobody hears it very from Sioux Falls, SD, buying prescrip- drug from Spain? No problem. You are much—certainly the pharmaceutical tion drugs from Winnipeg. Are you kid- in Italy and want to buy a prescription industry will never hear this—that ding me? Again, 40 percent of the ac- drug from France? No problem. They some of the things the pharmaceutical tive ingredients in U.S. prescription have a specific parallel trading system, industry does for this country are laud- drugs currently come from India and and it works and works well. able. I say, good for you. They talk China. In most cases, the places those I am going to describe, in the words about the prescription drugs they active ingredients come from have of someone who has been involved in produce. Good for them. A substantial never been inspected. that system for many years, that the portion of that comes from research we I will talk about that, but I am not Europeans can do, have done it, do it have done and paid for at the National going to go into it tonight. I will talk today with no problems at all. Are peo- Institutes of Health with taxpayer about a number of issues related to ple saying they can do it, they are funds. But that doesn’t matter to me. drug safety of the existing drug supply smart enough, they are capable That information ought to be available and how what we have included in this enough, but we are not? Give me a to the pharmaceutical industry—and it legislation with respect to pedigree, break. That makes no sense to me at is—so they can produce these new mir- batch lots and track and trace will dra- all. Of course, we can do this. acle drugs. I commend them. matically improve the existing drug It is just that those who do not want My beef is not that they produce supply in our country and make cer- to do it have decided this current pharmaceutical drugs that help people. tain we prevent safety problems com- ‘‘deal,’’ which allows the pharma- I am all for that. My beef is the way ing from the importation of drugs. ceutical industry to price as they wish they price those drugs, saying to the I am going to speak about this at in this country and make certain the American people: You will pay the some length tomorrow. But I just re- American people cannot do anything to highest prices in the world, and there ceived a letter from the head of the get the lesser prices in other countries, is nothing you can do about it. It is FDA, Margaret Hamburg, who raises lower prices for the identical drug, it their pricing policy. It is just not fair. some questions about the amendment. means they will price this year up 9.3 How many in this Chamber have vis- I am not going to read the letter into percent, just this year alone. They will ited with somebody at a town meeting the RECORD. I will talk more about it do whatever they want to price those someplace—I have—and they come up tomorrow. prescription drugs and too often will to you—in this case, an elderly woman I must say, I am in some ways sur- price them out of reach of the Amer- who was close to 80 touched me gently prised by the letter and in some ways ican people. It is not fair to me. It does on the elbow and said, ‘‘Senator DOR- not surprised at all. Surprised, because not make any sense to me. GAN, can you help me?’’ She was talk- this administration, President Obama, I know some will view this as just an ing about how many prescription drugs was a cosponsor of this legislation last attack on the pharmaceutical industry. she had to take, how little money she year in the Senate—a cosponsor of my It is not intended to be that. As I said, had to pay for them, and how she al- legislation. He was part of a bipartisan I don’t have a grievance against that ways had to try to determine what her group that believed the American peo- industry at all. The only problem I rent cost was and how much groceries ple ought to have this right and be- have is the way they price their prod- she could buy to determine how much lieved we could put together a piece of uct, and I think it is not fair to the she had left to pay for prescription legislation that has sufficient safety American people.

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.060 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12688 CONGRESSIONAL RECORD — SENATE December 8, 2009 We are dealing with health care, ical. People said: Socialist plot, gov- it is not the way it has to end if enough which is a big issue and an unbeliev- ernment takeover. But we did it. I was of us have the courage to take on this ably controversial issue. This is one not here. They did it—God bless the fight. piece of it—not even the biggest ones who did it—and it enriched this As I said, I will have a lot more to piece—but it is an important piece. country, to say all those who lived say tomorrow morning. I appreciate I have a lot to say tomorrow morn- their lives and built the roads and built the indulgence of my colleagues to lis- ing, and I will take substantial time. I the schools and built the communities ten tonight about why we have offered know there are others who want to and left a better place for us: You are this legislation. speak tonight. I wish to say this. I have not going to have to lay awake at I started and let me finish by saying watched and listened in this Chamber night frightened about your health this is broadly bipartisan. It is, first now for some while. I have not spoken care; we are going to provide health and foremost, a Dorgan-Snowe bill. a lot on health care. I have been pretty care for you. Senator DORGAN—myself—and Senator distressed about some of what has been All these issues have been difficult, SNOWE from the State of Maine, but said on the floor of the Senate. I espe- draining, wrenching issues, and they many others—my colleague, Senator cially have been distressed with the have all provoked great criticism and GRASSLEY, who is on the floor, Senator television ads that have been running great anger, in many cases. This issue MCCAIN, who spent a lot of time on this that are unbelievably dishonest with of health care brought to the floor of issue—Republicans and Democrats respect to the facts. The first amend- the Senate—I, perhaps, would have a have come together. ment allows all that. I would be the different view of what is the priority. By the way, this has not happened last to suggest we ought to alter the I have spent most of my time saying: very often on this bill. But this is a bi- first amendment. The economic engine, restart the en- partisan bill with Republicans and This is a great country in which we gine, get people back to work. But that Democrats pulling their oars together live. Over the last century, for exam- does not mean health care is not im- to try to get this done. ple, we have made a lot of changes, and portant. It is. Health care continues to I yield the floor. The PRESIDING OFFICER. The Sen- in most every case—in most every sin- gobble up more and more of this coun- ator from Iowa. gle case—the changes have been unbe- try’s economy. At some point, some- Mr. GRASSLEY. Madam President, lievably painful. body has to say: How do we stop that? before the Senator from North Dakota I think of the Presiding Officer and If we are spending much more than leaves and before I speak on another think of the period in which the women anybody else, how do we fix this? issue, I wish to tell him I am going to in this country wanted the right to That is what this is about. It is going speak in support of his amendment. vote and were taken to the Occoquan to take some courage to do it. One But I would like to ask him a question Prison and beaten. Lucy Byrne and piece of it is this issue of prescription now, if he will answer it for me—a Alice Paul, they nearly choked to drugs and pricing. Some of us have friendly question, but it is something I death one of them; the other hung with been working on this for a long time. don’t know absolutely for sure, but I a chain from a prison door all night The breadth of the support of this issue believe that pharmaceuticals are about long with blood running down her in this Chamber extends from the late the only thing a consumer in the arms. Why? Because they wanted the Senator Ted Kennedy, who sat in that United States cannot buy anywhere in right to vote. Think of the pain of that. seat back there—and God bless his the world that they want to buy. We Now we look back and say: How memory—to JOHN MCCAIN over there; ought to give them that same right we could anybody have decided we are all it extends to Senator CHUCK GRASSLEY, do on everything else. There may be Americans except women do not have DEBBIE STABENOW, AMY KLOBUCHAR—a some other items I am not aware of, full participation because they cannot whole series of Republicans and Demo- but I think it is only pharmaceuticals vote? Think of that. You can go right crats who have come together to say: that you cannot import from wherever up the line. Social Security: a Com- You know what, let’s make sure there you want to buy them. munist socialist plot. Medicare: What is fair pricing of prescription drugs for Mr. DORGAN. Madam President, I are you thinking about? A takeover of the American people. say to the Senator from Iowa, that and We are not asking for anything other health care for senior citizens. Cohiba cigars from Cuba, I reckon. We I bet there is not—I was going to say than fair pricing. How do you get it? have a special embargo with respect to I bet there is not one. I shouldn’t say My goal is not to ask the American Cuba. With that exception, I don’t that. I bet there are not more than two people to buy their prescription drugs think there is a legal product the or three people in this Chamber, if we overseas. My goal is to say, if we allow American consumer cannot access any- said: Let’s get rid of Medicare, who the American people the freedom to do where else in the world. would say: Yes, let’s do that. Almost that, the pharmaceutical industry will This is about giving the American everybody believes that providing be required to reprice their drugs in consumer the freedom that the global health care for senior citizens was the this country. It is as simple as that. economy should offer everybody. The I know others wish to speak. As I right thing to do. big shots got it. The big interests can There were no insurance companies said, I have a lot to say tomorrow. I am do it. How about the American people in the fifties and early sixties that going to go home kind of upset about having the opportunity to shop around said: Here is our business strategy. Our this letter today from the FDA, which the world for the same product and pay business strategy is to go look for old is, in my judgment, completely bogus. a fraction of the price of the charges people and see if we can’t sell them I will read it tomorrow. I am not sur- that are imposed on them in the United health insurance because we think that prised. I expected this. I heard rumors States. would be a very good deal. They were about it. Mr. GRASSLEY. I thank the Senator not doing that. They would not even Tomorrow my hope is with my col- from North Dakota. make health insurance available to a leagues—Republicans and Democrats— I would like to talk about a recent lot of old folks because they know, we will pass this legislation at last, at news—— somewhere toward the end of their long last. Many of us have been work- Ms. KLOBUCHAR. Madam President, lives, they were going to need a lot of ing on this issue 6, 8, 10 years. We will we had a unanimous consent agree- health care. One-half of the senior citi- pass this legislation. Why? Because ment. I am trying to figure out the zens in America had no access to this is the place for it. This is the bill order. health care. Think of that—lie down on that should be amended. This is the The PRESIDING OFFICER. Under your pillow at night frightened that to- time to do this. We cannot walk out of the previous order, the next speaker is morrow might be the day you have this this Chamber and say something hap- to be the Senator from Minnesota, fol- dreaded disease and you have no cov- pened in that Chamber to deal with lowed by the Senator from Delaware. erage to see a doctor or go to a hos- health care. But did you do something Mr. GRASSLEY. I ask unanimous pital. It is unbelievable. about prescription drugs? No, no, we consent to speak now, if I may. So some people in this Chamber said: couldn’t do that, couldn’t do that. This The PRESIDING OFFICER. Is there Let’s do Medicare. Man, that was rad- is not the way I want this to end, and objection?

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.062 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12689 Mr. KAUFMAN. Will the Senator solve problems on the horizon so that Ms. KLOBUCHAR. What I like about yield for a question? How long will the financial disasters can be averted. the amendment is it will protect our Senator be? In the midst of the debate concerning increased national investment in the Mr. GRASSLEY. Fifteen minutes. comprehensive health care reform, we health of Americans. We have decided The PRESIDING OFFICER. The Sen- must be proactive in combating health Americans should be covered by health ator from Minnesota. care fraud and abuse. Each year, crimi- care; that people shouldn’t be thrown Ms. KLOBUCHAR. Madam President, nals drain between $72 billion and $220 off of their health insurance by pre- I believe our speeches are 10 minutes billion from private and public health existing conditions. The way we pro- long. If the Senator from Iowa could care plans through fraud, increasing tect that investment, and the way we wait for 10 minutes, then we will be the costs of medical care and health in- make sure the funds are there to help able to complete our speeches, as rec- surance and undermining public trust people, is by doing things such as in- ognized by the Chair. in our health care system. Think of all creasing the tools we need to prosecute Mr. GRASSLEY. I will let the Sen- the money wasted—$72 billion to $220 these kinds of cases. ators speak, and I will speak tomorrow billion each year—drained by crimi- These criminals scheme the system because I have to go to a meeting. I nals, that could be going to our sen- to rob the American taxpayers of will let the unanimous consent agree- iors, that could be going for care. money that should be used to provide ment stand. Let me give a couple of examples, health care to those who need it most. Ms. KLOBUCHAR. I was not aware Senator KAUFMAN, of the kinds of fraud We must put a stop to this, and we are the Senator from Iowa had to leave. If we need to address. On June 23 of this doing that with this amendment. It he can keep it to 10 minutes, that year, eight individuals were indicted in provides straightforward but critical would be helpful. Miami for cashing $30,000 to $80,000 sev- improvements to the Federal sen- Mr. GRASSLEY. I cannot keep it to eral times a week at two check-cashing tencing guidelines, to health care fraud 10 minutes, and I cannot shorten it. So facilities they owned themselves. statutes, to forfeiture, money laun- I will let the unanimous consent agree- These crooks defrauded the U.S. health dering, and obstruction statutes, all of ment stand. care system by creating a phony clinic which would strengthen prosecutors’ The PRESIDING OFFICER. The Sen- that churned out medical bills in five ability to combat health care fraud. ator from Delaware. States. They were not providing health As a former prosecutor, I can tell you Mr. KAUFMAN. Madam President, care. They were phony clinics. Federal that when we had these types of cases, the Senator from Minnesota and I are prosecutors announced this on Tues- we used every tool you could use to going to engage in a colloquy. day. push someone to plead guilty, every We rise to talk about health care Some of the purported clinics were tool you could use to make sure you fraud enforcement. It is no secret fraud empty storefronts with handwritten got the maximum sentence so a mes- represents one of the fastest growing signs while others existed only as post sage would be sent not just to that par- and most costly forms of crime in office boxes, but none provided any ac- ticular criminal but to other white col- America today. tual medical services, according to lar offenders who thought this might In no small part, our current eco- prosecutors. By the time they were be a quick way to make a buck. They nomic crisis can be linked to financial caught, in this one incident, this one need to hear they can be caught and fraud, starting with unchecked mort- group of con men, had bilked the gov- they will go to jail. I know Senator KAUFMAN has worked gage fraud generated by loan origina- ernment of $100 million. That is $100 on this and is taking a lead, and per- tors through securities fraud that has- million at a time when our taxpayers haps he can provide the details on this tened the eventual market crash and are trying to save every dime, while maximized its impact on Main Street amendment. they are holding on to their jobs and Mr. KAUFMAN. Sure. This amend- and the average American investor. trying to pay their bills. This one ment directs a significant increase in In response, this body passed the group of con men—$100 million. the Federal sentencing guidelines for Fraud Enforcement Recovery Act, Here is another example. In Novem- large-scale health care fraud offenses. which directed critical resources and ber of 2007, the Department of Justice It is incredible that despite enormous tools to antifinancial fraud efforts. I indicted a woman for billing Medicare losses in many health care fraud cases, was proud to work on FERA with my for motorized wheelchairs that bene- analysis from the U.S. Sentencing friend from Minnesota, a former pros- ficiaries didn’t need and for children’s Commission suggests that health care ecutor, who understands both the harm psychotherapy services never provided. fraud offenders often receive—and I that financial fraud causes ordinary According to the indictment, the know this is hard to believe—shorter Americans and the importance of de- woman then laundered the money sentences than other white collar of- terring criminal behavior before it hap- through a Houston check-cashing busi- fenders in cases with similar loss pens. ness, cashing several Medicaid checks amounts. For some reason, people Ms. KLOBUCHAR. Madam President, each for more than $10,000. Those are think health care fraud is kind of okay. I thank Senator KAUFMAN. Before I just examples of what we are dealing Ms. KLOBUCHAR. If people knew begin, I wish to, first, acknowledge the with. this, they would be shocked. In health amendment that has been offered by Mr. KAUFMAN. I say to the Senator, care fraud, you are taking money from Senator DORGAN on drug reimporta- those are sobering examples of the people who need it most—when they tion, something I support and I know kinds of fraud we must stop. As we are at the hospital—and yet they would Senator KAUFMAN supports as well. We take steps to increase the number of have shorter sentences than other look forward to talking about that Americans covered by health insurance types of fraud. amendment in the days to come. and to improve the health care system Mr. KAUFMAN. There is data to The bill Senator KAUFMAN referred for everyone—and we will do that—we show that criminals are drawn to to, the Fraud Enforcement and Recov- must ensure that law enforcement has health care fraud, when they are sit- ery Act, was passed in response to an the tools it needs to deter, detect, and ting around deciding what kind of unprecedented financial crisis. punish health care fraud. fraud they are going to do, because the I was proud to work on that bill in The Finance and HELP Committees, risk-to-reward ratio is so much lower. the Senate Judiciary Committee along as well as leadership, have worked long That is ridiculous. We need to ensure with Senator KAUFMAN. and hard to find ways to fight fraud these offenders are punished not only But Americans should expect Con- and bend the cost curve down, and they commensurate with the costs they im- gress to do more than simply react to have done a great job. But there is pose on our health care system but also crises after their most destructive im- more work to be done. That is why at a level that will offer real deter- pacts have already been felt. We are al- Senator KLOBUCHAR and I, along with rence. People have got to understand ways coming in after the fact and put- Senators LEAHY, SPECTER, KOHL, SCHU- they can’t go out and commit health ting out the fire. That is not what we MER, and HARKIN, have introduced our care fraud. want to do. We owe it to our constitu- health care fraud enforcement, No. There are so many different ways it ents to be proactive, to seek out and to 2792. can be presented; that if in fact they do

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.063 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12690 CONGRESSIONAL RECORD — SENATE December 8, 2009 it, they are going to get real time for cause Americans have waited too long hold against the Taliban, and they are the crime. As a result, our amendment for these kinds of changes. not capable of taking over from U.S. directs changes to the sentencing Mr. KAUFMAN. That is a great troops. And in light of the President’s guidelines that, as a practical matter, amendment that I think will be a big 18-month deadline, it is clear that self- amount to sentence increases of be- help in terms of cutting down this sufficiency for the Afghans is not op- tween 20 and 50 percent for health care fraud, and that is what we are all tional; it is mandatory. Secretary fraudsters stealing over $1 million. about. This is a bipartisan issue, if Gates confirmed for me in last week’s Ms. KLOBUCHAR. The other thing there was ever a bipartisan issue. I Senate Foreign Relations hearing that that is great about this amendment is don’t know of anyone who doesn’t July 2011 is a firm deadline. In 18 it updates the definition of ‘‘health think we have to do more in terms of months, we will begin our withdrawal care fraud offense’’ in the Federal health care fraud. When we have $70 and we will not send additional troops criminal code so it includes violations billion to $220 billion a year in health after this time. This was reiterated by of the anti-kickback statute, the Food care fraud, we have to do everything Secretary Clinton and Chairman of the and Drug and Cosmetic Act, and cer- we can to stop it. Joint Chiefs Mullen. tain provisions of ERISA. These As we consider and debate meaning- The fourth question is do we have changes will allow the full array of law ful health care reform, we must ensure enough qualified U.S. civilians in Af- enforcement tools to be used against that criminals who engage in health ghanistan to partner with the Afghan all health care fraud. care fraud—and more importantly people in promoting governance and The amendment also provides the De- those who contemplate doing so—un- economic development? We must send partment of Justice with subpoena au- derstand that they face swift prosecu- even more and ensure that the ‘‘civil- thority for investigations conducted tion and substantial punishment. ian surge’’ extends to all 34 provinces, pursuant to the Civil Rights for Insti- When the time comes, Senator so they can partner with Afghans in tutionalized Persons Act—also known KLOBUCHAR and I, along with our fellow the field. as CRIPA. Under current law, the De- cosponsors, will urge our colleagues to I visited Afghanistan in April and partment of Justice must rely upon the support these amendments. September and had the opportunity to cooperation of the nursing homes, men- Madam President, I yield the floor. speak with our military and civilian tal health institutions, facilities for I suggest the absence of a quorum. leaders, President Karzai, and numer- persons with disabilities, and residen- The PRESIDING OFFICER. The ous Afghan ministers. I traveled to tial schools for children with disabil- clerk will call the roll. Helmand and Kandahar Provinces, and ities that are the target of these The legislative clerk proceeded to met with local government officials CRIPA investigations. While such tar- call the roll. and tribal elders at a ‘‘shura,’’ or com- gets often cooperate, they sometimes Mr. KAUFMAN. Madam President, I munity council. What I heard from the do not, and the current lack of sub- ask unanimous consent that the order Afghan people was frustration with poena authority puts vulnerable vic- for the quorum call be rescinded. their government’s inability to provide tims at needless risk. The PRESIDING OFFICER. Without security, administer justice, and de- Finally, in addition to the very im- objection, it is so ordered. liver basic services. They welcomed portant piece of this amendment that Mr. KAUFMAN. Madam President, I international assistance in the short- Senator KAUFMAN has pointed out— ask unanimous consent to speak as in term but sought improved security and where we are actually increasing the morning business. governance. Most importantly, they ability to get better criminal pen- The PRESIDING OFFICER. Without wanted control transferred to Afghan alties—the amendment corrects an ap- objection, it is so ordered. security forces once they were capable parent drafting error by providing that AFGHANISTAN STRATEGY of holding against the Taliban them- obstruction of criminal investigations Mr. KAUFMAN. Madam President, I selves. involving administrative subpoenas rise today to speak about the Afghani- Since returning from Afghanistan, under HIPAA—the Health Insurance stan strategy President Obama an- my No. 1 concern has been the ability Portability and Accountability Act of nounced last week. The dilemma facing of the Karzai government to be an ef- 1996—should be treated in the same the President and our national security fective and trusted partner. In his sec- manner as obstruction of criminal in- team in Afghanistan is one of the most ond term, President Karzai must elimi- vestigations involving grand jury sub- complex and difficult I have seen in nate corruption, strengthen rule of poenas. more than three decades of public serv- law, and deliver essential services in Senator KAUFMAN and I also plan to ice. order to win the trust of the Afghan file an additional health care fraud President Obama’s speech laid out a people. Ultimately, the battle is not amendment that would require direct bold plan, and he has been both delib- between the U.S. and the Taliban. It is depositing of all payments made to erative and courageous in his approach. a struggle between the Afghan govern- providers under Medicare and Med- At the same time, I share the concerns ment and the Taliban, and the fight icaid. This amendment is incredibly of many Americans about the chal- must be won by the Afghans them- important because the Medicare regu- lenges that lie ahead for our troops. selves. The notion of a corrupt govern- lations already require direct depos- Sending young men and women into ment has emboldened the Taliban and iting or electronic transfer, but these harms way is the most difficult choices further undermined trust between regulations have not been uniformly we must face. Each life lost is one too President Karzai and his people. Presi- enforced and criminals are taking ad- many. dent Karzai must translate promises in vantage of this system. The decision in Afghanistan is espe- his inauguration speech into action, Again, I ask the question: Why would cially difficult because four primary because increased government trans- we want this money—$60 billion esti- questions remain. The first question is parency and accountability is abso- mated for Medicare fraud alone—to be do we have a trusted and effective part- lutely critical. going to con men and crooks, people ner in President Karzai? No matter For me, the key point in President who are setting up fake storefronts how many troops we deploy, we cannot Obama’s speech was that our military with fake signs that say doctor’s office, succeed with an Afghan government commitment is not open-ended. In July instead of to the hard-working people plagued by corruption. 2011, we will begin our troop drawdown. in this country who can hardly afford The second question is to what This has created an 18-month deadline their health care insurance? It is an length is Pakistan willing to go to for progress, injecting a sense of ur- outrage. help? We cannot defeat al-Qaida and gency to our mission that has been That is why I am so glad Senator degrade the Taliban without Paki- missing for the past 8 years. It sends a KAUFMAN would take the leadership stan’s support. message that the clock is ticking for here, that we have a group of us who The third question is can we accel- the Afghan government to eliminate were prosecutors working on this in erate the training of Afghan National corruption. They will no longer get a the Judiciary Committee to include Security Forces? Today, there are too ‘‘blank check’’ because the time for ac- this in the health care reform bill, be- few Afghan security forces to clear and tion is now. On the security front, the

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.064 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12691 Afghan National Army and Police have The PRESIDING OFFICER (Mr. I am quoting him— no choice but to assume greater re- UDALL of Colorado). The clerk will call (that’s more money than John McCain spent sponsibility given the certainty of a the roll. on TV advertising in last year’s presidential U.S. withdrawal. The legislative clerk proceeded to campaign), after having already spent a bun- As President Obama outlined, Paki- call the roll. dle through advocacy groups like Healthy stan is central to this fight. We cannot Mr. SESSIONS. Mr. President, I ask Economies Now and Families USA. succeed without its cooperation be- unanimous consent the order for the I don’t know what has happened. cause developments in the region are quorum call be rescinded. There is a memorandum in, I believe, inextricably tied to both sides of the The PRESIDING OFFICER. The Sen- one of the blogs here, the Huffington border. After my April visit, I was con- ator from Alabama. Without objection, Post. That is supposed to be the memo- cerned about the Pakistani commit- it is so ordered. randum that documents the agree- ment. When I returned in September, Mr. SESSIONS. Mr. President, I see ment. I don’t know what the facts are, however, I was impressed by the Paki- my good friends, Senators KAUFMAN but I know this, it is not a healthy stani military’s decision to go after and KLOBUCHAR, had talked about ac- thing, as somebody who has been in- elements of the Taliban in the Swat tions we could take to deal with fraud volved in Federal law enforcement, for Valley and South Waziristan. At the in health care. I support that. I had the a government official, under color of same time, Pakistan must take action opportunity in the past, as U.S. attor- right, to say to a private individual against the Afghan Taliban and al- ney, to lead a group that would do that you will help me with an adver- Qaida, which continue to find safe that. But something is troubling me tising campaign and spend your private haven in Pakistani tribal areas. If ex- today a great deal. I am uneasy about money, or I will do you a favor in ex- tremists continue to operate freely be- it. It goes to the heart of how the legis- change for an $150-million television tween Afghanistan and Pakistan, it lation that is before us today has been campaign. will undermine security gains made on put together. I wish to tell you that is not good. the Afghan side of the border. And the Earlier today, we had Senator That is beyond the pale. If things such stakes are even higher in Pakistan, MCCAIN offering an amendment to say as this have been done in the past, it is which has both nuclear weapons and that every State should have the same not the kind of thing that ought to be delivery vehicles. policies with regard to Medicare Ad- continued. I think it is a big deal. In Afghanistan, we must break the vantage that the State of Florida will The New York Times has reported, as momentum of the Taliban by improv- under this bill. Presumably, that was they go forward: ing security and strengthening our an effort to gain some support. We Shortly after striking that agreement, the ability to partner with the Afghans. have seen other situations such as that trade group—the Pharmaceutical Research That is why I support efforts to accel- with Louisiana and other places get- and Manufacturers of America, or PhRMA— erate the training of Afghan National ting special advantages. also set aside $150 million for advertising to Security Forces, ANSF. I am concerned Let me tell you about something support health care legislation. that the President’s goal of increasing that is particularly troubling to me. It I am quoting a New York Times arti- the Afghan Army to 134,000 in 2010 does was written about by Robert Reich, cle by Duff Wilson. not go far enough in building the ca- who was Secretary of Labor in Presi- But an industry official involved in the dis- pacity of the ANSF. By comparison, dent Clinton’s Cabinet. He is a prolific cussions said the group and its advertising Iraq—a geographically smaller country writer about economic and health care money would now be aimed specifically at with the same sized population—has matters. He starts his Sunday August 9 the approach being pushed by Mr. Baucus, 600,000 trained security forces. This is article this way on his blog. It says: Democrat of Montana and chairman of the Senate Finance Committee. why we must accelerate our targets for I’m a strong supporter of universal health building the army and improve the ca- insurance— Is that the way this thing is being pability of the police, which has faced He is not pulling any punches there. done? I hope not. I will examine these even greater challenges in terms of He believes in a single-payer govern- circumstances in more detail, but I corruption, incompetence, and attri- ment policy. Then he goes on to say— would like to say, right now and today, tion. and a fan of the Obama administration. But that I am not happy about it. I don’t Finally, our success in Afghanistan I am appalled by the deal the White House like the looks of it, it doesn’t smell depends on more than troops—we need has made with the pharmaceutical industry’s good to me, it does not strike me as an integrated civilian-military strat- lobbying arm to buy their support. something that is legitimate, and I egy in order to sustain progress. Many That is a pretty serious charge. He think maybe we need to find out more dedicated U.S. civilians continue to goes on to say: about it, frankly. serve in Afghanistan, and we must fur- Last week, after being reported in the Los I wish to share with my colleagues a ther augment these numbers and en- Angeles Times, the White House confirmed it fundamental concern I have with this sure they can directly interact with Af- had promised Big Pharma that any health care bill. Supporters of the bill ghans in the field. Given their role as a healthcare legislation will bar the Govern- have made a great deal of promises. force multiplier for the military and ment from using its huge purchasing power They alleged it would do a lot of very international nongovernmental organi- to negotiate lower drug prices. That’s basi- great sounding things, and we were cally the same deal George W. Bush struck zations, NGOs, this is an area where we asked to support it on the basis of their in getting the Medicare drug benefit, and it’s promises. But a careful examination of must channel even more resources and proven a bonanza for the drug industry. the legislation shows it fails to deliver people in the near term. We need a I will say, as I recall, that Mr. Reich stronger civilian capacity, because on almost all the major promises it was a critic of that at the time. Right made and is likely to cause a great deal counterinsurgency cannot and should or wrong, it was done and he was a crit- not be conducted with the military of adverse, unanticipated con- ic of it. I give him credit for it. He said sequences. As a result, I think the alone. a continuation of that would be an Over the coming months, I will close- American people have intuitively un- even larger bonanza. He goes on to de- ly monitor our progress in Afghan gov- derstood this; that is, why they are so scribe why he thinks it is a bonanza. ernance, partnering with Pakistan, strongly opposed to it. They cannot Right or wrong, as a matter of policy building the Afghan National Security imagine why the leadership of this Sen- and so forth, it is no doubt that is Forces, and increasing the U.S. civilian ate continues to try to push down on something Big Pharma would like. He surge. Improvements in these areas are their brow this piece of legislation that goes on to say this: critical to our overall success in Af- does not do what it promised to do. ghanistan, and will determine when In return, Big Pharma isn’t just supporting For example, the sponsors of the leg- universal health care. It’s also spending lots islation say the bill’s total cost is $848 our brave men and women in uniform of money on TV and radio advertising in sup- can return home. port. Sunday’s New York Times reports that billion. However, they do not begin the I yield the floor. Big Pharma has budgeted $150 million for TV benefits of the bill until 5 years after Mr. SESSIONS. Mr. President, I sug- ads promoting universal health insurance, enactment and that $848 billion is the gest the absence of a quorum. starting this August— cost of expenditures over 10 years. So

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.065 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12692 CONGRESSIONAL RECORD — SENATE December 8, 2009 when you move forward to when the the bill out, that one that would have just general Medicare accounts rep- benefits actually start for those who fixed this aberrational law we have resent cuts to Medicare, which is our will be receiving them and go 10 years that requires it to be cut 23 percent, seniors program. from that point, the total costs are not and so they put it in a separate bill. How is it, then, that we have this dis- $848 billion, they are $2.5 trillion. That Every penny of this separate bill would agreement? How is it possible that you is a huge difference. It is a monu- be paid for by increased debt, so not can’t agree on where $465 billion comes mental difference. It is a difference so really paid for at all. They offered that from? The sponsors of the bill, this is large I cannot understand how we can, bill on the Senate floor, and it got what they say. They say: We promised with a straight face, try to contend voted down because Republicans all we wouldn’t cut Medicare benefits. Any that we have a sound budget-minded voted against it as being utterly fis- guaranteed benefit any senior citizen bill that is going to cost $848 billion, cally irresponsible. Enough Democrats has, we promised not to cut it. All we and we have tax increases of about half joined in to kill the bill. They wouldn’t are doing is cutting the providers, the of that, and raids on Medicare for support it either. A number of Demo- people who provide the benefit. about half of that and that is how we crats know the budget has to have Give me a break. So you come in and are going to pay for it. It is not work- some rationality. So they failed to do you cut hospice, nursing homes, other ing in that way, in my view. that. providers, $118 billion from Medicare Another promise for the bill that was But if you put the doctor fix in, you Advantage, $192 billion from the hos- made by the President in the joint ses- are increasing the costs of the bill by pices, nursing homes, and other pro- sion to the Congress, he said this: $250 billion, so the $130 billion surplus viders, $43 billion from hospitals that serve a disproportionate number of This bill will not add one dime to the def- is reduced to a $120 billion deficit. So it icit. does add to the deficit. It adds more poor and uninsured, $23 billion from That is just not accurate. You can than one dime to the debt; it adds $120 unspecified Medicare accounts, and make anything deficit neutral if you billion to the debt. that this doesn’t weaken Medicare. If pay for it by slashing Medicare and Another fiction was their promise we could cut that, why haven’t we done taking the money from Medicare to that they would fix the physician pay- it already? If this didn’t reduce the pay for it. Or you can make a bill be ments and make a permanent policy of quality of care for seniors, if we could deficit neutral if you raise enough paying them so every year they reduce these hospitals and others and taxes. So they are raising $494 billion wouldn’t have to run to Congress and they could still provide care to our sen- in taxes. They are cutting Medicare by hire lobbyists to come here and meet iors, why haven’t we done it already? Mike Horsley, head of our hospital $465 billion. That is the plan. with Senators to beg them not to have association in Alabama, tells me that They claim they have a $130 billion a 23-percent cut. That happens every as a result of an abominable wage surplus. So don’t worry about the budg- year. It is ridiculous. But this bill does index program that helps to determine et. We have created a bill that is going not deal with that. It only has a 1-year how much hospitals get paid primarily to reduce the deficit. That is what they fix, and for 9 years it is reduced just and lien payments in general, two- have said repeatedly. like it has been done in the past. There thirds of the hospitals in Alabama are But they forgot something. They for- is no reform in that part of health care operating in the red. They don’t need got we have to pay our physicians. that needs to be done. to be cut any more. That was always supposed to be part of Another fiction is that they are not I guess what I would say is, this is health care reform. In fact, the physi- cutting Medicare benefits. They say: the way the game has been played. My cian groups were told they were going We are not cutting Medicare benefits. colleagues are saying we are not cut- to be paid. But under this bill, to show We are cutting that bad old Medicare ting guaranteed benefits. We are just you how it has been doctored—and this Advantage that 11 million seniors are cutting the money from the people who has been done before, Republicans have benefiting from and enjoy and partici- provide the benefits. How many of participated in this in the past, and it pate in. They are cutting that $100-plus them are going to keep doing so, as the has been something that has been billion which is about one-fourth of CMS Actuary’s report questioned? How going on for a decade, but it is really what the cuts to Medicare are. They many of those will give it up? relevant today, particularly in this leg- say that is not truly cutting Medicare. Fiction No. 6—I have 10, and I will islation because this legislation was But that clearly is cutting Medicare not go through all of them tonight—is supposed to fix this problem—they because Medicare Advantage is part of that hospitals that treat the poorest keep the physician rates slightly above the Medicare Program. It is cutting and sickest will somehow be better off last year’s rate for 1 year. Then for 9 Medicare. However you feel about under this program. But they are not years in the 10-year budget, they as- Medicare Advantage, this is a cut to feeling that way. They are not feeling sume that doctor payments, physician Medicare Programs that millions of they are going to make up for the fact reimbursements are going to be cut 23 seniors favor. that the hospitals that qualify as dis- percent. That is unthinkable. That is why Florida didn’t want to proportionate share hospitals, those We are not going to cut physicians 23 have their Medicare Advantage cut. So who serve a high percentage of individ- percent. We can’t cut the physicians at they got a special deal in this legisla- uals who are very low income or who all because they are already wondering tion. Everybody else in America won’t have no insurance, they are going to whether they will continue to take get that. They want to keep it. lose $43 billion in cuts under this bill. Medicare patients and, even more so, Let’s go on a little bit further just to These hospitals that provide so much Medicaid patients, where they get paid show you why the American people are charity care and provide a safety net in less. unhappy with Congress. They have a the communities are going to suffer We could have a mass walkout of right to be unhappy. People say: Those under this legislation. They are telling physicians who couldn’t afford to see people out there at the tea parties and me that. I don’t know who in Wash- seniors if we were to cut their pay by 23 townhall meetings, they were just ington may say they are not, but that percent. In fact, we are not going to do upset. They are poor Americans. They is what they are telling me. I think that. We all know this. So what did are not good Americans. Good Ameri- they are telling the truth. they do? I know they were meeting cans would come in and say: How much Fiction No. 5 is that average family down in the hallways somewhere, and more money can we give you, big gov- premiums are going to decrease. Have they were plotting out this bill. They ernment, to take care of all our needs you heard that through this proposal? said: The President said it will not add from cradle to the grave? Senator EVAN BAYH asked the CBO to the debt. What are we going to do? The people at the tea parties under- about this, and they said families who The numbers don’t add up. We can’t stand the kind of games that are being do not receive coverage from their em- raise taxes any more. We can’t cut played here. They understand the cuts ployer would see their premiums rise Medicare any more. We have done all to home health care, to hospice pro- ‘‘about 10 to 13 percent higher by 2016’’ we can do. What are we going to do? grams, to hospitals, the hospitals that than under the current law. The ones So what they obviously decided was care for a disproportionate share of the who claim they are seeing some reduc- to take the physician pay portion of poor people, and the $23 billion from tions, those reductions are only the

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.066 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12693 slightest reduction, less than 3 percent what the Senator says, but every number of e-mails we are getting—his- in most cases, of the 5- or 6-percent in- spring the trustees of Social Security torically high. I have never had that crease expected to occur every year and Medicare look ahead 75 years and before on any issue. I assume it is the under current law. they predict what the income and the same for the State of Alabama, con- So instead of going up 5.56 percent, it outlays are going to be based upon the tacting their two Senators as well. goes up 5.41 percent. They are claim- population and the projected growth of Mr. President, I rise to bring up an ing, I guess, that is some sort of cut. the economy and all that stuff. Right issue that is a relatively new issue in But it is misrepresentation to say that now, they are projecting $37 trillion of this debate, as in the secrecy of the ne- family premiums are going to decrease, shortfall over that 75-year period of gotiations that are going on around when people who are not in group time. They already told us, and it has Capitol Hill on the issue of health care health plans through their employers materialized, that in the year 2008 we reform. These secret negotiations actu- are the ones who are going to see the started paying more money out of ally started about October 2 when Sen- largest increases, perhaps 10 to 13 per- Medicare than was coming into Medi- ator REID, the leader, had to merge the cent by 2016, more than would occur care, and by the year 2017, as the Sen- bill out of the Senate Finance Com- under present law. ator correctly stated, the trust fund mittee and the bill out of the Senate I am pleased to be able to serve in will be out of reserves. HELP Committee into one bill. It took the Senate with Senator GRASSLEY who Mr. SESSIONS. So we are spending a long period of time to do that. chaired the Finance Committee, is the reserves in Social Security, which We are in the second week of debate. ranking member now, who does over will be exhausted by 2017. I hope people realize that 99 Senators 100 townhall meetings a year or some- Mr. GRASSLEY. In Medicare. Mr. SESSIONS. Medicare. Excuse ought to have the same privilege that 1 thing in the counties in Iowa. He met Senator had of getting a grasp of this with thousands of people and got the me. I am going to yield the floor to Sen- huge 2,074-page bill. There are still ne- same message I got, which is you peo- gotiations going on because the leader ple are irresponsible. The debt is surg- ator GRASSLEY. I say to the Senator, I appreciate your leadership and insight still does not have locked down the 60 ing and will double in 5 years, the votes that it is going to take to get to whole debt of America, and triple in 10. into this issue. I value your whole ap- proach to it. I think most Americans— finality. I want to say that the American people if they understood this information as So some of these discussions are: are concerned about this. Senator the Senator does and as the Senator what can we do to get a few votes if we GRASSLEY worked so hard to see if he has articulated, the opposition to the do not have a so-called public option? could get a bill that would be bipar- bill would be even greater than it is. And the latest of that is: Well, allow tisan, that we all could support, or I urge my colleagues to examine the people to buy into Medicare. So I want large numbers of the Senate could sup- fact that the bill simply does not do to speak about that issue because it port. But we got off track. what it sets out to do. It does not meet sounds pretty simple. It may get 4 I talked to one person who dealt with its promises, and as a result, we abso- more votes and may get 60 votes, but it this issue. He said the way things got lutely should not go down this road to is bad. It may be good politically, but off track was that we abandoned ways a major Federal takeover of health it is bad for Medicare and particularly to legitimately contain costs increases. care, with ramifications that go far be- for Medicare in rural areas where we The way to create more competition, yond what it might appear today. have a difficult time keeping hospitals the more personal stake in your health I thank the Chair and yield the floor. open, and we have a difficult time re- care, other things that would actually The PRESIDING OFFICER. The Sen- cruiting doctors in rural America. help reduce the cost of health care, is ator from Iowa is recognized. So I would talk about the recent what we got away from, and it became Mr. GRASSLEY. Mr. President, I had news reports of a proposal being con- driven by President Obama’s deter- a chance to hear a great deal of what cocted behind closed doors to allow 55- mination to have a government option. the Senator from Alabama said. I think to 64-year-olds to buy into the Medi- That, in my estimation, may have been I would highlight that what he said is care Program. Supposedly, this idea the decisive event in the negotiations what he is hearing from the grassroots has been put on the table to get the breaking down. of his State, which is very much what votes for supporters of having a This is a serious piece of legislation. I hear from the grassroots of my State: brandnew government-run health plan It seeks to alter one-sixth of the Amer- people are very concerned about this and the people who do not like that. ican economy. It does not do what it piece of legislation leading to the na- Back in the spring, such a proposal promises. It surges spending. It in- tionalization of health care, similar to creases taxes dramatically. It rep- what they have seen this administra- came up during the early stages of our resents a major governmental takeover tion previously do this year with the Finance Committee’s health care re- and will ultimately undermine the spe- nationalization of General Motors, par- form efforts. The idea was originally cial relationship between patients and tial nationalization of the financial proposed by President Clinton even their doctors. It will also substantially system—a big deficit. And then they going back to 1998. I opposed such a threaten the viability of Medicare. see the money being spent on this proposal back then, and I oppose such a This money that is being taken out of bill—$2.5 trillion after it gets fully im- proposal now. I oppose the proposal be- Medicare will only accelerate its insol- plemented. And where are you going to cause of its negative effect on the vency. By 2017, Medicare—I believe get money? And what is that going to Medicare Program and our senior citi- Senator GRASSLEY will agree—is ex- do to the economy? And, more impor- zens who use Medicare. pected to go into default. It will go tantly, what sort of a legacy is that The best way to describe the effect of down rapidly, actually. leaving to our children and grand- this proposal on the Medicare Program Is that correct, Senator GRASSLEY, children? and its beneficiaries is to quote former that by 2017, under current law, Medi- He also correctly stated that I do Senator Phil Gramm of Texas when he care is projected to go into default and visit every county every year. The was asked about President Clinton’s go rapidly into default, and if we could number of counties the Senator had proposal when President Clinton put save any money out of Medicare, if we was just a little bit high. We only have that proposal on the table back in 1998. can save $400 billion, shouldn’t it be 99 counties. But for the 29 years I have Senator Gramm said this about Presi- kept in the Medicare Program to try to been in the U.S. Senate, I have held a dent Clinton’s proposal, which would extend its life and make it a viable pro- town meeting in each one of our coun- be applicable today as our colleagues gram that seniors can rely on rather ties every year. So I do have the ben- are studying it: than creating a whole new spending efit of 2,871 town meetings as a basis If your mother is on the Titanic, and the program with that money? for suggesting what people tell me face Titanic is sinking, the last thing on Earth Mr. GRASSLEY. Mr. President, if the to face, besides the large number of you want to be preoccupied with is getting Senator is asking me that question, I phone calls we get. more passengers on the Titanic. will tell him that he is absolutely You cannot believe the number of Since its inception in 1965, the Medi- right, not based upon what I say or phone calls that are coming in now, the care Program has helped ensure senior

VerDate Nov 24 2008 02:30 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.067 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12694 CONGRESSIONAL RECORD — SENATE December 8, 2009 access to health care. But, as the Sen- this side have stressed that provider larly my State of Iowa. This issue ator from Alabama and I were just dis- cuts of this magnitude will make it fi- comes up during my meetings with cussing, the problems with health care nancially harder for providers to care constituents in Washington or during and Medicare are such that Medicare is for beneficiaries. We have pointed out the townhall meetings I hold in each of already under extreme financial pres- that this will worsen beneficiary access Iowa’s 99 counties every year. It is al- sure. So why would you load more peo- to health care, as providers stop treat- ready a challenge under the current ple into a system that Senator Gramm ing Medicare patients. Medicare Program for Iowa to compete of Texas was referring to as the Ti- Adding millions more Americans to for providers with urban areas where tanic? You would not load more people Medicare on top of the $1⁄2 trillion in Medicare reimbursement is higher. on it as it was going to sink. Medicare cuts in this Reid bill would I hear countless stories from con- This is not to say that this entitle- make beneficiaries’ access to care stituents where they make great ef- ment program, Medicare, is not in need much worse. But do not take my word forts to recruit doctors only to lose of improvement, but having the 36 mil- for it. Even national hospital associa- them to areas where Medicare reim- lion Americans who are age 55 to 64 tions such as the American Hospital bursement is higher. The Medicare buy into the program is not an im- Association and the Federation of buy-in will only make this situation provement. Even groups supporting the American Hospitals are opposing this worse in my State of Iowa, because Reid bill, such as the AARP, are point- proposal. They are mobilizing their more and more reimbursement would ing out the severe shortcomings of ranks against this proposal even as I come from Medicare. So the current such an approach. speak. Yes, the same groups that and future Medicare beneficiaries Last summer, the AARP Public Pol- agreed already—and this was back in would be assured of limited access to icy Institute published an analysis of June—to $155 billion in Medicare cuts— providers because of this buy-in. the Medicare buy-in concept. In their and they did that in an agreement with AARP pointed out another flaw in report, the AARP points out the poten- the White House and got sweetheart this buy-in proposal. In their analysis, tial for increased Federal entitlement deals in this bill—do not want the Sen- AARP warned that there are large spending. AARP said: ate to go the route of expanding Medi- cost-sharing requirements in Medicare, Expanding the program to more people care for people under 65 years of age. so buy-in enrollees would still be ex- could raise federal spending even further if The American Medical Association has posed to significant cost sharing. their care is made affordable through sub- also opposed this proposal. These Maybe these buy-in enrollees would sidies that would be funded by the existing groups recognize the potential for fi- have the resources to purchase supple- Medicare trust funds. nancial disaster by boosting the num- mental Medicare policies to defray And do not forget the effects of ad- ber of patients with coverage that pays these cost-sharing requirements. Per- verse selection from a Medicare buy-in well below cost. haps AARP is thinking of making even program. Here AARP has studied it, This Medicare buy-in proposal would more money by selling supplemental and this is what they say about that: also jeopardize retiree benefits. Going policies to these retirees. . . . the premium may be too uncompeti- back to the same AARP analysis that I I share the goal of getting more tive for those who don’t use much health have quoted, they concluded that a Americans covered, but expanding the care and unaffordable for those with modest Medicare buy-in program could further Medicare Program to early retirees is incomes. This may limit buy-in enrollment reduce employer-sponsored health ben- not the answer. Medicare beneficiaries and drive up cost further. efits. have paid in to this program all these According to the AARP: So this means that this buy-in pro- years and rightfully have the expecta- posal is likely unsustainable. And we . . . a buy-in program might displace re- tion to receive the benefits to which all know what happens when the gov- tiree coverage now available through [their] employers. they are entitled under the program. ernment creates an unsustainable new The Medicare buy-in proposal would Still quoting AARP, they said: program. What happens? The taxpayers jeopardize these benefits. It would end up on the hook for bailing it out As health care costs tend to rise with age, employers might have the incentive to find jeopardize existing retiree benefits. It down the road sometime. ways to avoid offering private coverage for would leave retirees exposed to signifi- We all know the Medicare Program early retirees. . . . cant cost sharing. It would be has $37 trillion in unfunded obligations. So with fewer patients with higher unsustainable and taxpayers would end We all know about the pending insol- paying private coverage, there is less up footing the bill. vency of the Medicare Program. The opportunity for providers to cost-shift I yield the floor. trustees say so every spring. to make up for low Medicare payments, The PRESIDING OFFICER. The Sen- The Medicare hospital insurance because everybody recognizes the Fed- ator from Pennsylvania. trust fund started going broke last eral Government does not pay 100 per- Mr. CASEY. Mr. President, thank year. In 2008, the Medicare Program cent of costs. This would make it even you very much. I rise tonight to con- began spending more out of this trust harder for providers to treat Medicare tinue the discussion and debate on fund than was coming in through the beneficiaries, and as a result, bene- health care. I had the chance over the payroll tax. The Medicare trustees ficiaries would have an even harder last couple of months not only to do a have been warning all of us for years time finding a provider to treat them. good bit of work on a number of issues that this trust fund is going broke. I come from a rural State where that relate to the bill and the two bills They now predict that it will go broke Medicare reimbursement is already that came before and were merged into right around the corner in 2017. Well, lower than almost every other State in one bill, but also to hear from constitu- as the AARP has pointed out, adding the Nation, so I have serious concerns ents across Pennsylvania. Some of millions to the Medicare Program about the ability of the Iowa providers them are writing to us and urging us to would almost certainly make things to keep their doors open if more and pass a bill and some are urging us to go much, much worse for the fiscal health more of their reimbursement is coming in the other direction. But the commu- of a program that is not in very good from Medicare. I know this is a concern nications I get from people who write financial shape. This proposal would that is shared by rural State Members about their own stories, their own fam- also make things worse for the 45 mil- of this body from both sides of the ily, their own challenges are, of course, lion Medicare beneficiaries who paid aisle. But losing providers to serve the most compelling and the most wor- into the program over the years and Medicare beneficiaries would only be thy of time and attention. are receiving benefits under the pro- the beginning of access problems Often they come from Pennsylvania gram. caused by a Medicare buy-in program. families who are not only facing health Since we started debate on this 2,074- Because if you think it would be tough care challenges but facing economic page bill, Members on this side of the to keep existing Medicare providers, challenges that I don’t think anyone in aisle have questioned the wisdom of think how hard it would be then to re- this Chamber can fully understand, at slashing Medicare by $1⁄2 trillion and cruit new ones. least not at this point in someone’s then using the savings to start a new Provider recruitment is already a life. Because when you become a Mem- Federal entitlement program. We on major problem in rural States, particu- ber of Congress, you are usually in

VerDate Nov 24 2008 03:19 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.068 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12695 pretty good shape. You may not have a the Ritter family in Manheim, PA. I Here is a picture down here taken lot of wealth, but you at least have a spoke with them several days ago and last year in Washington, DC, then at job to go to every day, you have a lot I spoke with these two young girls. One the age of 11. Here is what their mother of people helping you, and you have daughter’s name is Hannah—one twin, said: health care. That is not something I should say, is Hannah and her sister— Without meaningful health reform my that can be said for tens of millions of after I spoke on the floor I called their girls will be unable to afford care, that is if Americans. mom to talk about what I had said on they are even eligible for care, that is criti- This legislation is the culmination of the floor and I said to her, I think I re- cally necessary to maintain this chronic con- a lot of debate and discussion and anal- ferred to one of your daughters as Mad- dition. Punished and rejected because they had ysis and study over many decades now. eline, and that is incorrect, it is Mad- the misfortune of developing cancer as a It is nice that we have been talking for eline. So I want Madeline to know I child. years and years about preventing a pre- correctly pronounced her name my sec- What is the particular problem here existing condition from barring some- ond time around. Part of that is be- with this case? The obvious problem is one’s coverage or treatment. It is nice cause of a story I read to my daughters that these young girls were diagnosed to talk about it, but it is a lot better when they were kids all the time. But with leukemia. That is bad enough. there was a story about Madeline, and when we do something about it. It is But we have a system that made their a lot of parents know that story. So I nice we have talked about limiting life a lot worse than the leukemia, be- apologize to Stacie Ritter. out-of-pocket costs for families who cause we had a system that said—basi- But here is the story that Stacie Rit- are trying to take care of their chil- cally what the system said to them is: ter has told me through this commu- dren, trying to care of themselves, but We can help you and maybe cure you, nication, but has told a lot of other it is a lot better to do it, to enact it but we are going to put limits on it. We people, and now we try to tell her story into law. are going to say that it is nice to have This bill makes it illegal to use pre- on the Senate floor to give meaning to all of this technology and all of this existing conditions to deny someone what we are talking about here. But great medical knowledge and great coverage. This bill makes it illegal for this isn’t some public policy discussion doctors and hospitals across America— insurance companies to put a lifetime about health care; this is about what and we do. We are the envy of the cap on services, or an annual cap. This happens to real families when we don’t world on some of this stuff: the doctors bill makes it illegal to discriminate so get the policy right, when we talk and and the nurses and the health care pro- that no longer, if we do what we must talk year after year, decade after dec- fessionals, and the hospitals and the do and get this bill passed, can an in- ade, and talk about good intentions, technology and the know-how. We are surance company discriminate against but never get it done, never get a bill the envy of the world. We should ac- a woman, which they do all the time passed. This is what happens to people. knowledge that. But then we have this now, just as they prevent people from Stacie Ritter had to declare bank- ridiculous system that says to these getting coverage due to a preexisting ruptcy after her twins were diagnosed two little girls: But the care we want condition. We have an opportunity to with leukemia at the age of 4. My wife to give you and the results we can get change the way we provide health care Teresa and I have four daughters, and from that care are going to be limited. in ways we haven’t been able to imag- thank goodness they are all healthy. Two of them are in college, one is in So we hope it works out for you. ine, let alone enact into law. That is ridiculous. It is an abomina- One issue that has motivated me high school, and one is in seventh tion. I don’t understand why we have throughout this whole debate is what grade. We have never had to face that gone year after year and settled for happens to our children at the end of kind of diagnosis, thank goodness. this. Why do we have limits on the the debate, at the end the legislative Thank God I have never had to face kind of care people get? Because insur- line, so to speak. Will children in that, nor has my wife Teresa had to ance companies thought that was a America—and I am speaking about face that as a parent. But if we did, we good idea. I don’t know why. I don’t poor children and those with special would have been given some protection know whether it is for their bottom needs because they are the ones who and so would our daughters if we faced line or for whatever reason, but there need help. If you are in a wealthy fam- that horrific diagnosis, because when I is no excuse—no rationale—for saying ily, you will figure it out, and your was working as a lawyer or when I was to someone: We can cure you, but we family will figure it out. If you happen a public official, I had health care. are going to limit your care. Sometimes, for a lot of that time pe- to be a child of a poor family or a child You are in real trouble, and we know riod, a decade in State government who has special needs, will you be bet- how to help you. But we are going to health care, because I was a State em- ter off at the end of this debate or will limit it. Here is what Stacie said about ployee, I had a tremendous health care you be worse off. her kids: As it relates to poor children and plan, a kind of public option, a good When my identical twins were both diag- children with special needs, the goal public health care plan. So I never had nosed with [this leukemia] . . . at the age of here has to be no child worse off. It is to worry about that as a parent nor did four, we were told they would need a bone very simple. It is a very simple test. my wife if something horrific were di- marrow transplant in order to survive. That is what we have been working on. agnosed. That’s when I learned that the insurance I believe this bill that is on the floor These two little girls pictured here— company thought my daughters were only right now is a dramatic improvement and you can see even though because of worth $1 million each. in the lives of so many families. I still that diagnosis they are facing the kind I don’t know a parent in America think we have some more work to do as of challenge I can’t even imagine, let who believes their son or daughter—in it relates to children, but there is no alone endure—I hope I could, but I am this case, two daughters, her twins—is question that the bill we are debating not sure I could if I were in their place. worth any amount of money or their will make children a priority in ways But you can see that even though it is care is worth any amount of money. we haven’t been able to do in any kind obvious they are facing a real chal- Why does the insurance company do it? of other legislation, other than the lenge with regard to the leukemia, We hear they say that is policy, and children’s health insurance legislation they are very hopeful, aren’t they, in then they get pressure from a TV sta- that Congress enacted going back more that picture. They have their arms tion or news organization and they than a decade ago and that we reau- around each other. They have these give the care. thorized this past year. stethoscopes and they are dressed up If the policy makes sense, why would I wish to speak about two families like two doctors. So even in the midst public pressure change a policy? The tonight. This isn’t a discussion about of the horror of that kind of a diag- policy is ridiculous and insulting. It theory or about the nuances of a pol- nosis, you have these two brave little should be changed. It is one of those icy. This is about real people and what girls who are looking forward, not just things we have to make illegal, and has happened to them under our exist- worried about their one situation but this bill does that. We should make it ing system. I wish to put up the first looking forward with hope and opti- illegal for an insurance company to do chart. This chart depicts one family, mism. that to children. But it doesn’t make a

VerDate Nov 24 2008 03:19 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.069 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12696 CONGRESSIONAL RECORD — SENATE December 8, 2009 lot of sense unless you talk about it in And when you file bankruptcy, everything senses as we get lost in the politics. I terms of a real story. must be disclosed. We even had to hand over received a letter this fall that I think Here is what Stacie Ritter said after the kids’ savings accounts that their great sums it up in a way that both Hannah’s she talked about the limit—very flatly, grandparents had given them when they and Madeline’s story does as well. This were born. she said two words about whether a $1 is a letter that I received from a million is enough to care for two That is another problem with this woman in Havertown, PA, suburban daughters with leukemia over many messed up system we have. It forced Philadelphia. She says: years: this family not only to worry about On September 9, 2009, my sister-in-law’s It’s not! When you add up the costs in- whether their daughters were going to cousin had to take her three-week-old son off volved in caring for a patient with a life- be taken care of with leukemia, it not of life support. He took two shallow breaths threatening disease like cancer, $1 million only said they probably had to declare and passed away peacefully. He did not have barely covers it. bankruptcy to take care of themselves to die, he did not have to be on life support, and get the care they needed, but in he did not even have to be in the [neonatal We have lots of stories like this. intensive care unit] NICU. Fortunately, the hospital social worker the course of the bankruptcy pro- At 36 weeks gestation, his mother was told recommended we apply for secondary insur- ceedings, they had to turn over savings that she had Placenta-previa, but the insur- ance through the State considering the high- accounts. ance company and the doctor were at a tug ly probable chance we would hit the cap. And I don’t care if it was $1 or $1,000 or a of war on getting it covered. we did hit that cap before the end of treat- much higher amount. I don’t care what This is America. Why should a doctor ment. the amount was. We should never allow have to be in any tug of war about The State program sounds a lot like a system to force two little girls with whether this mother, who is pregnant, a public option. I may be wrong, but it leukemia to turn over their savings ac- will be covered? That should not even sounds an awful lot like that. counts that their great grandparents be a discussion. There should not have Thankfully, the State program kicked in started for them. That is how bad the to be any discussion about that. But and helped pay for the remainder of treat- system is. that is how messed up our system is. ment. I will spend lots of time compli- At 39 weeks, Brandon’s umbilical cord rup- So that part of the story worked menting doctors, hospitals, and nurses. tured. His mother Karen was rushed to the itself out. It didn’t work itself out be- We have a lot of good things. We have hospital and Brandon was taken to Jefferson cause the insurance company said: We [hospital] in Philadelphia to undergo brain good technology. OK. I am acknowl- cooling treatment to return brain activity. have a way to help you, and we are edging all that. But this system is It was too late. After minimal return of going to do it and figure out the cost in messed up when we have this happen to brain activity, it was decided after 3 weeks another way. No, the insurance com- one family. I don’t care if it is one fam- to remove life support. pany didn’t help them. It was the State ily or 1 million, but we know there are She concludes with this haunting program in this case—the kind of pub- lots of them out there who face similar sentence, this haunting reminder of lic option that helped these kids. That circumstances. how bad a case this is: part of the story has somewhat of a Some people might say you are talk- Who saved money here? Was it worth a positive outcome. These kids are only ing about the family and all these child’s life to save a few dollars? And I am 11. When they were 4 and 5, they didn’t problems. What does your bill do? It so sure 3 weeks of life support costs more than have that kind of an option. happens the first provision in the bill— a C-section. This story gets worse. This is what go by the table of contents and go to That is the end of her letter. So any- Stacie says: the page—I think page 16. The first body who says that we have to make a During this time, my husband had to take provision of the bill talks about not couple little changes on the margins, family medical leave so we could take turns having limits on lifetime coverage. If but we have a great system that is not caring for our one-year-old son and our twins that were in effect when Stacie Ritter in need of major reform—I need only at the hospital. . . . and her husband got the diagnosis for point to these two examples. That is For the 7 months my husband was out on all the information I need. family medical leave, he was able to main- their daughters—if that was in effect, the following would have happened, Unfortunately, we have thousands— tain his employer-based insurance for us via hundreds of thousands of additional ex- a $717.18 a month COBRA payment. and this is irrefutable: No. 1, they were amples—literally millions of people upset, and as worried as they were Let me get this straight. We are now who are denied coverage because of a about their daughters, at least they talking about COBRA—the extension preexisting condition. Sometimes be- would have had the peace of mind to of insurance coverage for people who cause a woman has been a victim of do- are hurting, laid off or unemployed. know they didn’t have to worry about mestic violence, that has been used as That is another government initiative it costing too much to get them care. a preexisting condition in terms of enacted by Congress. I am sure there They would not have had to worry whether she gets health care. So we were some folks who thought let’s not about this causing bankruptcy. So at have a messed up system. use government to extend health insur- least we would have given them some When we allow these tragedies to ance. But in this case, it was helpful to peace of mind and some security. Then happen day after day, year after year, this family. But it wasn’t enough. on top of that, we would have given and we have people in Washington say- Here is what Stacie says, as she them the kind of care they needed, in- ing: We just could not get it done, we keeps going: cluding the follow-up care. have to debate a little longer—we have After spending all our savings to pay the When some people say we need to de- to get a bill passed. We are going to do mortgage and other basic living expenses, we bate a little longer, 3 months or 6 that in the next couple of weeks. We had to rely on credit cards. months more, or let’s talk about it for will take whatever steps are necessary We have a health care system that a couple more years—we have talked to get this legislation passed because forced Stacie Ritter, and lots of other this issue to death for years. We know we cannot say to this woman who families in America, to rely upon cred- exactly what is wrong. This is what is wrote to me from Havertown, PA, nor it cards so they could get the health wrong. That story alone is reason to can we say to these two girls and their care for their daughters who have leu- pass the bill. There are a lot of other parents—we can’t walk up to Hannah kemia and make ends meet so they reasons, a lot of other tragedies that and Madeline and other kids like them could pay the mortgage and all the are preventable if we do the right in the country and say we tried to get other things they had to pay for for thing. that lifetime limit matter done, but it themselves and their daughters and We have a bill that we are going to got a little contentious. their son. That is what this health care pass, and the first provision speaks to We have to get it done, and we will system has forced them to do. this family’s challenge. get it done because we are summoned This isn’t unambiguous. This is ex- Let me read one more letter and I by a lot of things. But I think we are actly the result of the worse part of will stop. I know I am over my time. summoned by our conscience to get our health care system. This last sen- We have heard a lot of discussion in the this done and make sure we can do ev- tence might be the most poignant. She last couple of days about people whose erything possible—no system is per- mentions they filed bankruptcy: personal tragedies bring all of us to our fect—to prevent these tragedies.

VerDate Nov 24 2008 03:19 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.071 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12697 I yield the floor. To my mind, quite frankly, there is People are entitled to a choice. If you The PRESIDING OFFICER. The Sen- only one way that I know of that we want to stay with your private health ator from Vermont is recognized. can provide universal, cost-effective, insurance company, great, you can do Mr. SANDERS. Mr. President, let me and comprehensive health care for all it. But as many people as possible in begin by thanking Senator CASEY for our people, and that is a Medicare-for- this country should be able to say: You his consistent efforts in fighting to all, single-payer system. Very briefly, know what, I am not comfortable with make sure that every American has the reason for that is we are wasting a private insurance company. I would good-quality, cost-effective health about $400 billion every single year on rather have a Medicare-type plan. care. He has been a leader and I con- administrative costs, on profiteering, Poll after poll suggests that the gratulate him. on advertising, on billing—all in the American people want that public op- Mr. President, I wish to touch on name of profits for the private insur- tion. That is point No. 1, freedom of some of the health care issues that are ance companies that have thousands choice. People should have that choice. out there and tell you what I think is and thousands of separate plans out If they do not want it, that is fine. positive in the bill we are dealing with there, creating an enormously com- Point No. 2 may be even more impor- in the Senate and tell you what I think plicated and burdensome system. With tant, if we are going to get a handle on is not so positive. each one of their thousands of plans, if exploding health care costs, somebody To begin with, as Senator CASEY has you are young and do not get sick and is going to have to rein in the private aptly described, we have a system are healthy, they have a plan for you. insurance companies whose only func- which, in many ways, is disintegrating. If you are older and you get sick, they tion in life is to make as much money It is an international embarrassment have another plan for you. There are as they possibly can. We need a non- that in the United States of America, 1,300 private insurance companies with profit, government-run public plan to we remain the only Nation in the in- thousands and thousands of plans, and do that. If we do not have that in this dustrialized world that does not guar- to administer all of this costs hundreds bill, I am not sure how we are going to antee health care to all its people as a and hundreds of billions of dollars. get any handle on cost containment. right. The result of that is, some 46 That is money not going into doc- I will fight to make sure we have as million Americans today have no tors—we have a huge crisis in primary strong a public option as we possibly health insurance. Even more are under- health care physicians—not money can. As I have said publicly many insured, with large copayments and going into dentists. Many areas, in- times, my vote for this legislation is deductibles. cluding Vermont, have a serious dental not at all certain. I have a lot of prob- We have some 60 million Americans access problem. That is money not today who, because of our very poor lems with this bill. We have to have at going to nurses. We have a nursing least, among other things, a strong primary health care outreach network, shortage. This is money going into bu- do not have access to a doctor on a reg- public option. reaucracy, profiteering, and salaries Let me tell my colleagues something ular basis. The result of that is, as in- for the CEOs of insurance companies. It else I think we have to address in this credible as it may sound, according to is going into inflated prices for pre- a recent study at Harvard University, bill. As I mentioned a moment ago, we scription drugs in this country. As a have a disaster in terms of primary some 45,000 people die every single year nation, we pay the highest prices in the health care in America. Some 60 mil- because they do not get to a doctor world for prescription drugs. lion Americans are finding it difficult when they should. As a result, by the To my mind, as a nation, what we time they walk into a doctor’s office, have to finally deal with is that so long to get to a doctor on a regular basis, their illness may be terminal. In addi- as we have thousands of separate plans, and that is dumb in terms of the health tion to that, God only knows how each designed to make as much money and well-being of our people. It is also many people end up in a hospital, at as possible, we are not going to get a dumb in terms of trying to control great expense to the system, because handle on the cost of health care in health care costs. they did not get care when they should America. If somebody does not have a doctor have. In the bill we are now talking about they can go to when they get sick, Meanwhile, as Senator CASEY indi- in the Senate, we have to be clear that where do they end up? They end up in cated, bankruptcy is an enormous the projections, according to the CBO, the emergency room, and everybody problem because of our health care sys- are that, everything being equal, over a knows the emergency room, by far, is tem. Close to 1 million Americans this 10-year period, the cost of health care the most expensive form of primary year will be going bankrupt because of for most Americans is going to con- health care. Yet millions of people medically related bills. Furthermore, tinue to soar. That is the reality. This have no other options. They end up in when we talk about economic growth is bad not only for individuals, not an emergency room. If they have a bad in America, all of us understand that only for businesses, this is bad for our cold, Medicaid may pay $500 to $600 for small businesses, medium-sized busi- international competitive capabilities their visit to the emergency room. nesses are plowing an enormous because we are starting off from the That is totally absurd. amount of money into health care for position that today we spend much Furthermore, if you have a primary their workers rather than reinvesting more than any other country. Guess health care physician, that person can that money and expanding their oper- what? While this bill does a number of work with you on disease prevention— ations and creating the kind of jobs we very good things, it is not strong on helping you get off cigarette smoking need as a nation in the midst of our cost containment. or helping you with alcohol, a drug very deep recession. If we are going to try to improve cost problem, a whole myriad of issues in We have a major problem. At the end containment—and I wonder how much terms of good prevention, good nutri- of the day, despite so many people un- we can do within the context of this tion. That we have a disaster in pri- insured, underinsured, so many people particular approach to health care mary health care which is driving peo- dying because they do not get health without being a Medicare-for-all, sin- ple to the ER makes no sense at all. care when they need it, so many people gle-payer system—at the very least, we As I mentioned the other day, there going bankrupt, we end up spending al- need a strong public option. We need is a provision in this legislation in the most twice as much per capita on that for two reasons. First of all, there Senate which authorizes a very signifi- health care as any other nation. is widespread mistrust of private cant expansion of federally qualified It is clear to me and I think it is health insurance companies for all the community health centers which, in a clear to the vast majority of the Amer- right reasons. nonpartisan way, a bipartisan way is ican people that we need real health Most Americans understand that the widely supported by, I suspect, almost care reform. What real health care re- function of a private health insurance everybody in the Senate and in the form must be about is at least two company is not to provide health care; House as well. things. No. 1, providing coverage to all the function is to make as much money These community health centers Americans as a right of citizenship as possible. People do not trust private today allow 20 million people to access and, No. 2, doing that in the most cost- health insurance companies, and they not only good, quality primary health effective way we possibly can. are right in terms of their perceptions. care but dental care, which is a huge

VerDate Nov 24 2008 03:19 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.072 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12698 CONGRESSIONAL RECORD — SENATE December 8, 2009 issue all over this country, mental are the wealthiest people in this coun- Health Benefits Tax Will Hit CWA— health counseling, a very big issue, and try. What the House has said, quite ap- And they are talking about many low-cost prescription drugs. propriately, is that at a time when the union workers here. The problem is, while the community gap between the rich and everybody —CWA-negotiated Plans Hard and Result in health centers today do an excellent else is growing wider and at a time Deep Cuts. In 40 of 43 states examined over 10 job, there are not enough of them. So when the top 1 percent earn more in- years (2013–2022) the average excise taxes as- in this legislation, we have greatly ex- come than the bottom 50 percent, it is sessed on each worker in CWA’s most pop- panded community health centers. If appropriate, especially after all of ular plans will be: $13,300 per active worker we as a Congress are talking about President Bush’s tax breaks, to ask the in the family plan. bringing 13, 14, 15 million more people wealthy to start paying their fair share That is for a 10-year period, $13,300. into Medicaid, I am not quite sure how of taxes so we can provide health insur- $5,800 per active single worker, $13,600 for a struggling Medicaid Program is going ance to tens of millions of Americans. pre-Medicare retiree in the family plan, and to accommodate those people, unless That, in my view, is exactly the right $4,400 for pre-Medicare retiree in the single we provide the facilities and the med- way to go. plan. ical personnel to treat them. Unfortunately, in the Senate, we The bottom line is that the middle We need this. We need to expand pri- have not done that. What we have cho- class in this country is struggling. We mary health care. Community health sen to do in the Senate is to raise are in the midst of the most severe re- centers are the most cost-effective way about—I do not know the exact num- cession since the Great Depression of I know how to do that. There are stud- ber—but we have chosen to impose an the 1930s. People are working longer ies that suggest providing that primary excise tax of 40 percent on so-called hours for lower wages. The middle class care, keeping people out of the emer- Cadillac plans. The problem is, given is on the verge of collapse. The Senate gency room, keeping them out of the the substantial increase in health care should not be imposing an additional hospital because they have gotten sick- costs in this country, a Cadillac plan tax on middle-class workers. The House er than they should have gotten, we today in 5 or 10 years may be a junk got it right; the Senate got it wrong, can, in fact, pay for these community car plan. and I intend to offer an amendment to health centers over a period of years by I believe with a struggling middle take out this tax and replace it with a simply saving money. class, with people desperately trying to progressive tax similar to what exists In the Senate, we have very good lan- hold onto their standard of living, the in the House. guage authorizing an expansion. In the last thing the Senate wants to do is Let me conclude by simply saying House, they have similar language, ex- impose a tax on millions and millions this: I understand that the leadership cept in the House they have a trust of working people who have fought wants to move this bill forward as fund which actually pays for this. I am hard to get a halfway decent health quickly as possible. I understand that. going to do my best to make sure we care plan. But in my view, we have a lot of work adopt the House language, which pays Let me very briefly read from a fact in front of us to improve this plan. for, through a trust fund, a substantial sheet that came from the Communica- Among many other things—many increase in community health centers tions Workers of America. CWA is one other things—and I know other Mem- and, in addition, a very significant ex- of the largest unions in this country. bers have different ideas—at the very pansion of the National Health Service Similar to almost every union, they least, States in this country—indi- Corps, which is a Federal program are strongly opposed to this excise tax vidual States—if they so choose, should which provides debt forgiveness and on health care benefits. This is what be able to develop a single-payer plan scholarships for medical students who they say. I read right from it. This is a for their States. Because at the end of are prepared to serve in medically un- document from the CWA: the day, in my view, the only way we derserved areas in primary health care. The U.S. Senate will soon vote on legisla- are going to provide comprehensive, We desperately need more primary tion that would tax CWA-negotiated em- cost-effective, universal care is health care physicians, nurses, den- ployer health plans. The tax will be passed through a single payer. tists. That is what the National Health directly onto working families. To avoid the I know some people are saying: Well, tax, employers will try to significantly cut we are dealing with health care, we are Service Corps does. My hope is the Sen- benefits for active workers and pre-Medicare ate will adopt the House provision to retirees. not going to be back for a long time. If greatly expand the National Health How the House Benefits Tax Works. this bill were passed tomorrow, trust Service Corps and the Health Service A 40-percent excise tax would be assessed me, we would be back in a few years, programs. That is an issue that is very on the value of health care plans exceeding because health care costs are going to important to me. $23,000 for a family and $8,500 for an indi- continue to soar. Winston Churchill Let me touch on another issue, which vidual starting in 2013. (Levels are higher for once said: ‘‘The American people al- pre-Medicare retiree plans and high-risk in- ways do the right thing when they have is clearly going to be contentious; that dustry plans—$26,000 and $9,850.) is, at the end of the day, we are going no other option.’’ And I think that is And here is an important point. Be- to be spending on health care some- what we are looking at right now. We cause while people may not have to pay where around $800 billion to $1 trillion. are running out of options. this tax in a couple of years, with The American people want to know a What we have put together is an health care costs soaring, they will couple of things. They want to know: Is enormously complicated patchwork have to pay this tax in the reasonably this going to raise our national deficit? piece of legislation. It is going to help near future. a lot of people. It involves insurance What CBO tells us is, no, it will not. Quoting from the CWA document: reform, which is absolutely right. We More money is going to come in than These ‘‘thresholds’’ would increase at the goes out. There will be savings incor- rate of general inflation, plus 1 percentage have a lot of money into disease pre- porated in the legislation, and that is a point, or 3 percent. This is well below the vention, which we should have. There good thing. We have a $12 trillion na- medical inflation rate (4 percent) and about are a lot of very good things in this tional debt, and we do not want to add half the rate (6 percent) at which employer bill. But it is not going to solve, in my to that. and union plan costs have been increasing. view, the health care crisis. Costs are But people are also asking how are In other words, the cost of health going to soar. If we don’t have the you going to raise the money? How are care is rising a lot faster than infla- courage as a body to take on the insur- you going to pay for this? Where does tion, which today is almost zero. It ance companies, to take on the drug the $800 billion to $1 trillion come may actually be below zero, the point companies, at the very least let us give from? Here is where we have a bit of being that in a number of years, so- States—whether it is Vermont, Penn- differences of opinion. called Cadillac plans are going to reach sylvania, California, or other States— In the House, I think they have, once the threshold upon which middle-class the right to become a model for Amer- again, done the right thing. What the workers are going to be forced to pay a ica; to provide health care to all people House has done is raise $460 billion, lot in taxes. in a cost-effective way through a Medi- with a surcharge on the top three- Let me go back to the CWA now. care-for-all, single-payer system. We tenths of 1 percent of taxpayers. These They write: have to do that.

VerDate Nov 24 2008 05:44 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.073 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12699 The other thing we have to do, in my wise mistreated by someone on whom tification systems triggered by the re- view, is to get rid of this tax on the they depend for care or protection. port of a missing senior. Postings on middle class by taxing health care ben- As Federal policymakers, it is time highways, radio, television, and other efits. Mr. President, you will recall that we step forward and tackle this forms of media broadcast information that a year ago we were in a highly chaenge with dedicated efforts and about the missing senior to assist in lo- controversial and difficult Presidential more vigorous programs that will cating and returning the senior safely campaign. One candidate, who hap- make fighting elder abuse as high a home. Now we have an opportunity to pened to have lost that election—a priority as ongoing efforts to counter finish the job and create Silver Alert Member of the Senate, Senator child abuse. programs across the country. MCCAIN—came up with a plan that was It is in this spirit that I am offering Both of the provisions in this amend- exactly—or very close to it—to what an amendment to give the Department ment are strongly supported by the we are talking about today. Then-Sen- of Justice a roadmap for how to estab- Elder Justice Coalition. I ask my col- ator Barack Obama, who won that elec- lish programs to bolster the frontline leagues to support this amendment, tion, came up with a different plan, be- responses of state and local prosecu- and by doing so to markedly reduce the cause he said that wasn’t a good idea. tors, aid victims, and build a robust in- risk of harm to our most vulnerable Well, how do you think millions of frastructure for identifying and ad- citizens. American workers are going to feel dressing elder abuse far more effec- Mr. SANDERS. Mr. President, it ap- when they say: Wait a second, the guy tively than we do today. pears I am going to be closing tonight. who won told me he was against taxing We need to provide assistance to our The PRESIDING OFFICER. The Sen- health care plans, and now we are courts, which would benefit from hav- ator from Vermont is recognized. ing access to designated staff that adopting the program of the guy who f lost. How do the American people who boast particular expertise in elder voted in that election have faith in abuse. Specialized protocols may be re- MORNING BUSINESS quired where victims are unable to tes- their elected officials if we do exactly Mr. SANDERS. Mr. President, I ask tify on their own behalf, due to cog- what we said we would not do? unanimous consent that the Senate nitive impairments or poor physical So I believe we have to move toward proceed to a period of morning busi- health. And there is a great need for a progressive way of funding this ness, with Senators permitted to speak specialized knowledge to support suc- health care plan. As I stand here right for up to 10 minutes each. cessful prosecutions and enhance the now, this plan has a lot of good stuff in The PRESIDING OFFICER. Without development of case law. Today, many it, but there are a lot of problems in it. objection, it is so ordered. I very much look forward to the oppor- state elder abuse statutes lack ade- tunity to be able to offer a number of quate provisions to encourage wide re- f porting of abuse and exploitation, more amendments to strengthen this bill. It TRIBUTE TO VIDA CHAN LIN is very important to the people of thorough investigations and greater Vermont and to people all over this prosecution of abuse cases. Mr. REID. Mr. President, I rise today country that not only I but the Pre- For the victims of elder abuse, many to honor Vida Chan Lin. The Las Vegas siding Officer and other Members have of whom are physically frail and very Asian Chamber of Commerce recently a right to offer amendments. Because if frightened, we must do much more. named Vida Chan Lin as their first fe- this bill gets whizzed right through, First and foremost, we must be more male president. For many years, Lin and is not as strong as it possibly can responsive. Not too long ago, it was dif- has been an advocate for Nevada’s be, I think we will not have done the ficult to even get an abuse case inves- Asian Pacific Islander American, job we need to do. tigated. While that is starting to APIA, community. Her early exposure Mr. President, with that, I yield the change, we have much work ahead. For to the complexities of business and the floor. example, sometimes emergency inter- APIA community has cultivated the Mr. KOHL. Mr. President, as chair- ventions are necessary, particularly if passion and talent necessary for suc- man of the Special Committee on the older person is being harmed at the cess. Aging, the plight of vulnerable seniors hands of family members or trusted Vida Chan Lin moved to Las Vegas in is a subject of great concern to me. The ‘‘friends.’’ It may be necessary to re- 1994 and began developing her career as committee is charged with uncovering move the older adult from his or her an insurance sales representative. problems that endanger the health and home to a temporary safe haven. To do Within a few years, Lin pursued her en- welfare of older adults and developing this, we must build a much more ro- trepreneurial interests and launched an policy to prevent seniors from becom- bust system of support. insurance agency named V&J Insur- ing victims of fraudulent scams and And there is more we must do to as- ance. The company was committed to abuse. sist vulnerable seniors who may not be providing outstanding service and edu- During this Congress, I have been for- abused, but who are nonetheless vul- cation to Asian and minority commu- tunate to be joined by my colleagues, nerable because they suffer from cog- nities in Nevada. Vida Chan Lin’s suc- Senators LINCOLN and HATCH and nitive impairment. As the prevalence cess continued when she was named STABENOW, in advancing policy to re- of dementia rises in our aging society, vice president after a merger between duce elder abuse. The Senate health we have a special responsibility to en- V&J Insurance and Western Risk In- care reform bill now includes both the sure that those who ‘‘go missing’’ from surance. Elder Justice Act and the Patient Safe- home are returned promptly and safe- Vida Chan Lin’s continued involve- ty and Abuse Prevention Act, and we ly. This is the purpose of the second ment and dedication with supporting will do our utmost to see that they be- part of the amendment, which proposes local community and business organi- come law. to create a national program to coordi- zations resulted in a significant part- Today I am pleased to continue the nate State Silver Alert systems. nership that benefits families and busi- effort to protect America’s vulnerable The Amber Alert system, on which nesses across Nevada. Lin has also ad- seniors by introducing an amendment the Silver Alert Act is modeled, was vanced local business endeavors that combines two very valuable bills, created as a Federal program to rap- through her work with the Asian the Elder Abuse Victims Act and the idly filter reported information on Chamber of Commerce, ACC, and the National Silver Alert Act. Both have missing children and transmit relevant OCA Las Vegas Chapter. During her been passed by the House of Represent- details to law enforcement authorities tenure in ACC, she helped develop an- atives. and the public as quickly as possible. nual events such as the Chinese New Elder abuse is a sad scourge on our Using the same infrastructure as Year Community Achievement Awards society, often hidden from sight by the Amber Alerts, 11 States have already Dinner, Bill Endow Golf Tournament, victis themselves. Even so, experts con- responded to the problem of missing and Asian Business Night. Her help servatively estimate that as many as 2 seniors by establishing Silver Alert with the OCA Las Vegas Chapter re- million Americans age 65 and older systems at very little additional cost. sulted in two national events to be held have been injured, exploited or other- These programs have created public no- in Las Vegas for the first time—the

VerDate Nov 24 2008 03:19 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.075 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12700 CONGRESSIONAL RECORD — SENATE December 8, 2009 OCA National Convention and the Na- Al’s life, which was published by The By sponsoring an annual State Journal tional Asian Pacific American Cor- State Journal on December 3, 2009. I All-Academic Banquet, Dix encouraged stu- porate Achievement Awards. ask unanimous consent that the full dents to excel in the classroom, Roach said, ‘‘and he encouraged teachers by recognizing Being a leader in the Asian Pacific article be printed in the RECORD. them as well.’’ Islander American community has pro- There being no objection, the mate- Dix could also be a confidant, Roach said. vided Vida Chan Lin an opportunity to rial was ordered to be printed in the ‘‘You could go talk to him about an issue affect younger generations. Her posi- RECORD, as follows: and you knew it would always be in con- tive attitude and passion for APIA [From the State-Journal, Dec. 2, 2009] fidence,’’ Roach said. ‘‘And I knew his advice issues brought forth an inspiration FORMER PUBLISHER AL DIX REMEMBERED AS would be on target.’’ within our youth to provide for their CARING LEADER Attorney Bill Kirkland, a former Paul communities. Lin promotes and en- (By Charlie Pearl) Sawyier Public Library president, said Dix was on a special gifts committee during Journalists, bankers, politicians, educators sures that the voice of APIA youth is fundraising for the new library and he came and others today paid tribute to Al Dix as a heard. She continues to dedicate time faithfully to every meeting. for students involved in the OCA Las sensitive and caring publisher who was dedi- ‘‘He had numerous contacts in the commu- Vegas Chapter and ACC by engaging cated to improving the community but kept nity and personally added immeasurably to his good works private. the quality of the library through the gifts them in entrepreneurial development Dix died at his home in Frankfort Tuesday he solicited. opportunities such as the Clark County morning of pancreatic cancer. He was 80. ‘‘He was a person of intellect, humor, good Summer Business Institute. Services will be 2 p.m. Friday at South personality and good judgment. There was Frankfort Presbyterian Church with visita- As she continues to advance her ca- never a kinder soul and more generous per- tion at noon. Burial will follow at Frankfort reer and charitable interests, Vida con- son in the community.’’ Cemetery. tinues to give great care to her family. Kirkland said their friendship spanned four Richard Wilson, who retired from The Las Vegas is better as a place because decades. (Louisville) Courier-Journal as its higher ‘‘About 40 years ago, we played one-wall of dedicated people like Vida Chan Lin. education reporter, got his first job in news- handball at the old YMCA on Bridge Street. Vida’s dynamic ambition reminds me papers with The State Journal under Dix in I knew him first through his connection with of a quote from one of this country’s 1963 and 1964. greatest Presidents. Teddy Roosevelt ‘‘That helped me immensely during a near- South Frankfort Presbyterian Church, and through a few Republican endeavors. He cer- once said: ly 40-year career in journalism,’’ Wilson said. ‘‘Much of the reason for that was Al, who tainly was a conservative after my own The credit belongs to the man who is actu- was unquestionably a reporter’s publisher. heart. ally in the arena, whose face is marred by ‘‘He had extraordinary compassion and was He was encouraging, respected quality work dust and sweat and blood, who strives val- interested in literacy, education, good gov- and openly shared his enthusiasm for its ap- iantly; who errs and comes short again and ernment and ethical behavior.’’ pearance in the newspaper. again; because there is not effort without ‘‘While he may have held strong views on Bruce Dungan, retired president of Farm- error and shortcomings; but who actually many subjects, he never permitted them to ers Capital Bank Corporation, said when Dix strive to do the deed; who knows the great permeate The State Journal’s news columns first came to Frankfort from Ohio, ‘‘I could enthusiasm, the great devotion, who spends and he respected those who believed other- tell he was here to be a friend of Frankfort. himself in a worthy cause, who at the best wise. He also frequently took a personal in- He was very thoughtful of people. knows in the end the triumph of high ‘‘He was here to help people, charities, gov- terest in his employees and their well-being, achievement and who at the worst, if he ernment and his church. He worked so hard both professionally and personally.’’ fails, at least he fails while daring greatly. Bruce Brooks, retired executive vice presi- at charities. He would call me and say what So that his place shall never be with those dent at Farmers Bank, said he always con- I had given last year, and then say, ‘Don’t cold timid souls who know neither victory sidered Dix ‘‘a dear friend. He was a little bit you think you ought to raise it a little this not defeat. of a mentor to me. time?’ Vida is not a timid soul. She strives ‘‘He was always willing to be a listening ‘‘If it hadn’t been for Al, the YMCA (on for success with her family, career, and board for any situation. He was free with his Broadway) may never have happened. He advice and usually it was pretty sound and kept pushing everybody. He did whatever he community. could to improve Frankfort. He was one of I know that Vida Chan Lin and the analytical.’’ Brooks said Dix was master of ceremonies the greatest guys in Frankfort that I know Las Vegas Asian Chamber of Commerce at various functions, ‘‘and was really, really of. We’re going to miss him. I sure will.’’ have a bright and blessed future. I con- skilled at it. And he always had an open Irvine Gershman, a retired downtown mer- gratulate Vida on being the first checkbook for a worthy cause. He would chant, said Dix ‘‘coming here from Ohio was woman to lead the Asian Las Vegas walk the walk and talk the talk.’’ probably one of the best things to happen to Chamber of Commerce. Former City Commissioner Pat Layton Frankfort. He was always willing to do said Dix encouraged her to start her real es- things for other people. f tate career. ‘‘He and his family have contributed so REMEMBERING ALBERT E. DIX ‘‘He had a lot of insight of what was going much to this community. When I would call on in the community,’’ Layton said. ‘‘It on him for a little help (to various charities), Mr. MCCONNELL. Mr. President, all wasn’t because he was publisher of a news- he would just say, ‘How much do you need?’ ’’ of the Commonwealth of Kentucky has paper but because he really loved his com- Gershman’s wife, Priscilla, said Dix ‘‘was a suffered a great loss with the recent munity. precious jewel. He will be sorely missed by death of Albert E. Dix. A fourth-gen- ‘‘He was truly a leader. But a lot of people everyone.’’ eration journalist, Al Dix moved to didn’t know about the many things he did for Russ McClure, a former vice president of Frankfort, Kentucky’s State capital, Frankfort because he was very private about Morehead State University, said he was ‘‘under the gun a lot of times’’ while serving to become publisher of The State Jour- it. He was a silent supporter. When there was a need, he was there and stepped right up as Finance Cabinet secretary to Carroll and nal in 1962, a post he would keep until front. He was a special guy.’’ assistant budget director to Bert Combs his retirement in 1996. Known for being State Sen. Julian Carroll, who was gov- when they were governors. a mentor to aspiring journalists, Al ernor while Dix was publisher, said, ‘‘Al was ‘‘One thing I could always count on was Al Dix helped train scores of individuals a great community-minded leader. Although being straight up and fair,’’ McClure said. who went on to work at papers with he was a Republican and I’m a Democrat, he ‘‘He was always straightforward with his much larger circulations. But he was was always very nice and cordial to me. I questions and always accurate in his report- more than just one of Kentucky’s fin- considered him to be one of our outstanding ing of my answers and the facts.’’ citizens.’’ The Rev. John Hunt, retired pastor of est journalists. As one of his former Bob Roach, a retired school teacher and South Frankfort Presbyterian Church, said press foremen put it, ‘‘He treated all former city commissioner and county judge- he has fond memories of getting to cover one employees really well, just like they executive, said Dix ‘‘was certainly interested of the launches of the Gemini space program were his family. He was a really good in young people and education, and he be- in the early 1960s for The State Journal be- person all around.’’ lieved in excellence. He was a prince of a fel- cause of Dix. Indeed, Al Dix leaves behind a legacy low.’’ ‘‘He knew of my interest in science and he as not only a superb publisher but as a While teaching at Franklin County High credentialed me,’’ Hunt recalled. School, Roach said he took groups of stu- When Hunt got to Cape Canaveral, bad pillar of his community. While I could dents to Washington, D.C., for 25 years to weather caused the flight to be postponed, so say much more about my friend Al Dix, participate in a North American Invitational he figured he would have to miss the experi- I think it appropriate for me to share Model United Nations program, ‘‘and we ence because he would need to get back to with my colleagues a recent account of could always count on him for a donation.’’ Frankfort for Sunday church services.

VerDate Nov 24 2008 03:19 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.032 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12701 But Dix encouraged him to stay in Florida, The Kentucky Book Fair was founded by For example, it can be reasonably ar- saying he would give the sermon on Sunday, The State Journal in 1981. gued that U.S. pressure contributed to Hunt said. Dix also was a member of the board of di- Cuba’s decision to cease its military ‘‘He filled the pulpit for me and did an ex- rectors of First Capital Bank of Kentucky, cellent job,’’ Hunt said. ‘‘He got rave reviews the Frankfort/Franklin County Industrial adventurism in Africa and its support and supplied the pulpit on my absences after Development Authority and the local for the violent insurgencies that ripped that. I was about ready to swap places with Kiwanis Club; and served two terms as chair- apart Central America in the 1980s. him.’’ man of the American Saddlebred Museum at But on the two most important ques- Scottie Willard, who retired in September the Kentucky Horse Park in Lexington. tions, the verdict is decisive: as press foreman after 44 years at The State He loved fishing and making fishing rods, First, did this policy fulfill its often- Journal, remembers when Dix became pub- electric trains and saddlebred horses. stated purpose of overthrowing the lisher in 1962. Other survivors include his wife of 56 Castro regime? Fidel Castro outlasted ‘‘He made a lot of improvements as far as years, Edna Dix; a son, Troy Dix, publisher nine American Presidents, from Eisen- press equipment when he took over,’’ Willard of the Ashland Times-Gazette in Ohio; and said. ‘‘He treated all employees really well, four grandchildren, Evan, Stewart and Me- hower to Clinton, and retired only for just like they were his family. He was a real- lissa Dix and Lauren Maenza. reasons of health during the tenth. ly good person all around.’’ f When he passed on the reins to his Ronnie Martin, retired composing foreman brother, Fidel joined Omar Bongo of who worked at the newspaper 43 years, CUBA Gabon and Libya’s Colonel Qaddafi as agrees. Mr. KERRY. Mr. President, I rise as one of the world’s longest-serving head ‘‘He was super to work for,’’ Martin said. a cosponsor for S. 428, the Freedom to of states. ‘‘He gave me all sorts of opportunities and Second, have the benefits of our pol- challenges at the same time, but they all Travel to Cuba Act. worked out. He was a great guy. He treated It is time we brought our strengths icy outweighed the costs? It is hard to everybody fairly.’’ to bear—our people, our vision, our en- argue they have. The embargo has cost Ann Maenza, Dix’s daughter, now publisher ergy—to help the Cuban people shape Cubans access to our markets, and for of The State Journal, said her father ‘‘never the future direction of Cuba and to fix many years to our food and medicine— cut corners. He always made sure things a policy that has manifestly failed. For with little progress to show. But it has were done right. He was old school, fair and America to act as the great power we cost us as well. It has limited the influ- honest.’’ are, with confidence in our values and ence of our people and our democracy. Amy Dix Rock, senior director of regu- latory and scientific affairs at Cumberland vision, we need a Cuba policy that What’s more, this fall’s U.N. vote con- Pharmaceuticals Inc. in Nashville, Tenn., looks forward. demning America’s embargo showed said her father was ‘‘always thinking of oth- The truth is, we have reached out to yet again: Cuba is not the only country ers. We don’t know how many things he’s countries where our wounds were far isolated by our policy. The vote done for others because he didn’t talk about deeper, and far more recent. When against our policy was 187 to 3. All of it. JOHN MCCAIN and I led the efforts to our major allies voted against us, and ‘‘That’s the way he was. He was soft-spo- unfreeze our relationship with Viet- one of the two voting with us itself ken but when he did speak you listened.’’ Al Smith, who rose to prominence in the nam, we said: ‘‘let’s be honest . . . the routinely trades with Cuba. state as a weekly newspaper publisher and as Cold War is over. All the American Is it morally satisfying to sanction a the longtime host of KET’s ‘‘Comment on trade embargo is doing is keeping Viet- government whose human rights prac- Kentucky,’’ said Dix was a newspaper pub- nam poor and thus encouraging a flood tices we abhor and whose political sys- lisher of the old school, ‘‘but the opposite of of refugees.’’ tem rejects many of our values? Sure. the domineering egotistic bosses who bullied For nearly 20 years after the fall of And helping Cubans to live in democ- employees and squeezed the news to match Saigon, the Vietnam war took a less racy and liberty absolutely remains a their biases. bloody but equally hostile form. The goal of American policy. But for 47 ‘‘ ‘Old school’ means that we always knew that with Al at The State Journal, it was U.S. and Vietnam had no diplomatic years now, we have endorsed an embar- like the grocery slogan of years ago, ‘the relations. Vietnamese assets were fro- go in the name of democracy that pro- owner is in the store.’ He didn’t have to call zen. Trade was embargoed. But in 1995 duced no democracy! a distant headquarters to know what to say the United States normalized relations In fact, our rhetoric and policies have or do. with Vietnam. The Cold War had actually helped to consolidate the ‘‘He had strong views, conservative Repub- ended, and we even signed a trade deal Cuban government. We have provided lican in a ‘company town’ (state govern- with a country where 58,000 Americans the Castro regime with an all-pur- ment) of readers who are mostly Democratic, had given their lives. pose—if exaggerated—excuse to draw but he ran the paper on principles of fairness in the news columns and gave his editorial The results? A Vietnam that is less attention away from its many short- writers, who were mostly more liberal than isolated, more market-oriented, and, comings, including its shamelessly he, free rein on the opinion page.’’ yes, freer—though it has miles to go. flawed economic model. For too many Smith noted how The State Journal under And yet, when it comes to Cuba, a Cubans, our threats have legitimized Dix supported a constitutional amendment small, impoverished island 90 miles off Castro’s outsized nationalism and re- that overhauled the state’s judicial system the shores of Florida, we maintain a pression of opponents. Our posture has and created what is today the Supreme policy of embargo—motivated by past played to his strengths. Court. Smith also noted the newspaper’s grievance, not present realities and fu- At the same time, we have not spotlight on corruption in government and brought our strengths to bear—our peo- how Dix shunned personal publicity. ture dreams. Fidel Castro has stepped ‘‘Once I wrote him a private note about aside from day-to-day government, ple, our vision, our energy, our oppor- something very generous he had done to help there is a new American President, and tunities. It is time for America to act someone in trouble,’’ Smith said. ‘‘I heard Cuban-Americans increasingly want as the great power it is—with greatness nary a word in reply. But I didn’t expect it. broad, far-reaching interaction across built on confidence in our values and I am sure he was embarrassed that I even the Florida Straits. Times are chang- vision. knew.’’ ing, and we cannot live in the past. Of course, the greatest cost of our Born Aug. 18, 1929, in Ravenna, Ohio, Al- Forty-seven years ago, I was in my policy has been borne by the Cuban bert E. Dix majored in political science and ´ ´ was a 1951 graduate of Denison University in first semester of college when Soviet people themselves. Jose Martı, Cuba’s Granville, Ohio. missiles, deployed in Cuba, threatened great ‘‘Apostle’’ and man of letters, He served in the U.S. Army Intelligence to set the world on fire. No one who once said: ‘‘Everything that divides from 1953–1955. lived through those thirteen harrowing men, everything that classifies, sepa- A fourth-generation journalist, Dix first days in October will ever forget them. rates or shuts off men, is a sin against worked at The Times-Leader in Bellaire, Certainly, the threat from Cuba was humanity.’’ More than 70 percent of Ohio, where his father was publisher. He real. Cuba’s 111⁄2 million people have lived moved to Frankfort in October 1962 to be- It is true that we continue to dis- their entire lives in this stalemate. A come publisher of The State Journal. He re- tired in 1996 as publisher and president of approve of Cuba’s dismal human rights Cuban boy or girl of 10 when Fidel Cas- Wooster Republican Printing Co., the parent record and palpable lack of freedom. tro drove victorious into Havana is 60 company of The State Journal, which now And it is also true that, over 50 years, years old today. His whole life has been owns seven newspapers. the embargo can claim some successes. spent deprived of basic freedoms but

VerDate Nov 24 2008 05:44 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.021 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12702 CONGRESSIONAL RECORD — SENATE December 8, 2009 also deprived—in accordance with U.S. ture. People-to-people relations were cant audience in Cuba. Report after re- policies except during brief periods—of made secretive, filtered, and for narrow port has documented that the Martı´ interaction with America’s people. objectives. That is the opposite of pro- services are hindered by bad manage- We must have the courage to admit democracy. ment, weak professional tradecraft, the need for a new approach. President Regrettably, that was the record of and serious politicization. We are look- Kennedy, who instituted sanctions the Bush administration: an enormous ing at whether its business model—as a against Cuba, had by mid-1963 set in step backwards. Now it’s up to the ‘‘surrogate service’’ exempt from many motion secret contacts aimed at nor- Obama administration to craft a Cuba Voice of America standards and regula- malizing relations. Ford and Carter, policy that moves us forward. tions—has failed, and whether the TV too, looked for ways out of the box. In May 2008, Barack Obama said on service should be closed entirely and George H.W. Bush cooperated with the Presidential campaign trail that it radio should be integrated into the Cuba on the Angola peace accord, and was ‘‘time for a new strategy.’’ While high-quality VOA services. We ought to his administration even dangled a he wasn’t ready to give up the embargo be especially concerned that human promise of improved ties with America. as a source of leverage, he did declare rights activists in Cuba a key bell- Each initiative failed for a different at the Summit of the Americas: ‘‘The wether audience are unanimous in reason, but all were grounded in the United States seeks a new beginning their view that the Martı´ brand must same recognition: there must be a bet- with Cuba,’’ and announced that he was be repaired. ter way forward. ‘‘prepared to have [the] Administration Meanwhile, USAID’s civil-society Fortunately, we know there is a dif- engage with the Cuban government on programs, totaling $45 million in 2008, ferent strategy that can succeed. The a wide range of issues.’’ have noble objectives, but we need to Clinton administration worked to As promised, the Obama administra- examine whether we’re achieving any refocus our policy around what mat- tion has expanded licenses for Cuban- of them. The Bush administration ters: on the Cuban people, not the Cas- Americans—albeit only Cuban-Ameri- changed the program’s focus from sup- tro brothers; on the future, not the cans—to travel to Cuba. Controls on porting the Cuban people to accel- past; and on America’s long-term na- family remittances, gift parcels, and erating regime change, and the fact tional interests, not the political expe- certain transactions with tele- that some of our grantees have ex- diencies of a given moment. communications companies were loos- travagantly high overheads has raised The Clinton administration promoted ened as well. Mid-level talks about im- concerns about where all the money is people-to-people relations ‘‘unilater- migration matters and postal relations going. It is also fair to ask whether ally’’—without conditions on Havana. have resumed. And we’ve turned off an these programs even work. Bush’s refocus on regime change We worked to improve bilateral co- Orwellian electronic billboard flashing made it difficult for Cubans outside de- operation on issues like migration and political messages from our Interests clared antiregime groups to accept the combating drug trafficking, which were Section in Havana. informational materials or assistance clearly in our national interest. Fam- These are positive steps, but they are offered—even if they had a burning de- ily travel in both directions quickly only a start. So what comes next? sire for it. Our interests section used to skyrocketed. And tens of thousands of At a minimum, the administration distribute tens of thousands of books a Americans from across society—church should use the authorities that it has year to Cubans across the political members, academics and students, to reinvigorate people-to-people rela- spectrum and the books could be seen, medical professionals, athletes, jour- tions—to unleash the energy of the well-worn, in government and Com- American people who want to help Cu- nalists, and more—were permitted to munist party think tanks. Today, bans build their future. The policy interact with their Cuban counter- politicization has reduced the flow of worked in the past and enjoyed wide parts. information to many of the very same Those policies sent a clear and effec- support in both countries. people eager to steer Cuba toward a tive message to the Cuban people: the When announcing expanded family better future. United States is not who your leaders travel, the President said, ‘‘There are The Foreign Relations Committee say we are. Our problem is not now, nor no better ambassadors for freedom has begun a review of these programs. has it ever been, with the Cuban peo- than Cuban-Americans.’’ But I think It is in the administration’s interest to ple. We completely changed the dy- it’s also fair to say that there are ex- take the lead in overhauling them. namic: A synagogue with holes in its cellent ambassadors for freedom among Finally, as I mentioned at the outset, roof so big that birds flew around the the 299 million other Americans—reli- I want to address legislation that will sanctuary has been repaired with funds gious faithful, teachers and students, go even farther toward fixing our Cuba and materials from American sup- environmentalists, scholars, doctors policy. S. 428, the Freedom to Travel to porters. Environmentalists worked to- and nurses, political scientists, and Cuba Act, does not lift the embargo or gether to save species and protect our artists—whose challenging minds, eco- normalize relations. It merely stops shared environment. The children who nomic success, love for democracy, and our government from regulating or received bats and balls—and moral sup- advocacy of solid American values prohibiting travel to or from Cuba by port—from Baltimore Orioles players make them proud ambassadors as well. U.S. citizens or legal residents, except visiting Cuba for an exhibition game The New York Philharmonic and its in certain obviously inappropriate cir- will never forget the gesture of Amer- board of directors have been brilliant cumstances. ican generosity. representatives of America on trips to The Freedom to Travel to Cuba Act And guess what. Across the board, North Korea, Vietnam and around the has strong support in Congress—33 Cubans seeking a better future for world. I don’t understand why the ad- sponsors in the Senate and 180 cospon- their country have said that nothing ministration recently blocked their sors for similar legislation in the energized civil society in Cuba more proposed trip to Cuba. What are we House. I cosponsored similar legisla- than contact with U.S. civil society. afraid of? tion in the past, and I am proud to do Even Cuba’s human rights and democ- Second, as we reinvigorate people-to- so again. We are talking about restor- racy activists benefitted immeasurably people diplomacy, the administration ing a fundamental American right—the from the contact. should review the programs that the right to travel—that is denied to Amer- Unfortunately, the Bush administra- Bush administration funded generously icans nowhere else in the world. Ameri- tion shut down most forms of contact to substitute for it. cans who can get a visa are free to and dramatically reduced our inter- The Senate Foreign Relations Com- travel to Iran, Iraq, Sudan, and even actions to a tightly regulated, govern- mittee is already undertaking an inves- North Korea, and it makes no sense to ment controlled trickle. They tight- tigation into the need to reform Radio deny them the right to travel to a poor ened licensing procedures, reduced and TV Martı´—programming beamed island near Florida. There is a certain transparency, and put government in into Cuba at a cost of $35 million a irony in the fact that Americans have the people’s way in what amounted to year. Many Cubans call TV Martı´ ‘‘La to apply for licenses and wait, with lit- a unilateral suspension of Americans’ TV que no se ve’’ because it has never, tle or no feedback, to travel to a coun- ability to help Cubans shape their fu- in 18 years of broadcast, had a signifi- try that we criticize for denying its

VerDate Nov 24 2008 05:44 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.015 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12703 citizens the right to travel. The cur- people came to hear the concert. From dressed. Indeed, her appearance was so rent ban on travel contravenes the the stage, he looked out at the Cuban picture-perfect that she probably made spirit of the Universal Declaration of people and started a simple chant: Una many a Hollywood starlet feel shabby Human Rights’ statement that ‘‘every- Sola Familia Cubana. The crowd roared by comparison. To say she was dressed one has the right to leave any country, approval at the thought of ending the to the nines is like saying Jack including his own, and to return to his conflict between Cubans across the Nicklaus was a fair golfer or that country.’’ Florida Straits. Shakespeare sort of had a way with Free travel also makes for good pol- There is a hunger out there among words. icy inside Cuba. Visits from Americans the Cuban people. America should cap- But Paula was more than a pretty would have the same positive effects as italize on it. They want contact with face. Sure, she had perfectly coiffed people-to-people exchanges, but on a their own families, and they want con- hair and wore designer clothes and jew- larger scale. Visiting Europeans and tact with American people and Amer- elry, but she had a razor-sharp mind to Canadians have already increased the ican ideas. go with her smart appearance, and she flow of information and hard currency There is no other country in the quickly showed she was nobody’s push- to ordinary Cubans, with a significant world to which we have closed our lives over. She could stand toe to toe and impact on the country. Cuba’s eco- as long as we have to Cuba. The Berlin verbally slug it out with some of the nomic model, for sure, remains pro- Wall fell 20 years ago, but the wall sep- most powerful and even most obnox- foundly flawed, and human rights con- arating Americans and Cubans has yet ious Senators. In other words, she gave ditions remain dismal. But the hard- to come down. more than she got—and her opponents, currency sectors of the Cuban economy We have a choice to ignore change more often than not, got more than have significantly altered workers’ de- and resist it or to mold it and channel they bargained for. pendence on the regime, introduced it into a new set of policies. After 50 She was a great debater, a human dy- material incentives that are changing years of trying to isolate and destroy, namo who brought unrivaled energy economic culture, and raised expecta- it’s time to try working with the and unbridled enthusiasm to the Sen- tions, if not demands, for greater im- Cuban people and making a new future ate. She was extremely intelligent and provements in the future. After years together. tremendously interested in politics— of Cuban government propaganda, f and she was very good at it. A quick Americans are even better positioned REMEMBERING SENATOR PAULA look at her successful Senate campaign than Europeans and Canadians to be HAWKINS in 1980 attests to just how good she catalysts of change. We can do more if Mr. HATCH. Mr. President, I rise was. By today’s big-bucks standards, we let them. today to speak about the passing of Paula’s campaign was strictly bargain- That is one reason why all of Cuba’s Paula Hawkins, a former colleague of basement. Fox News pundit Dick Mor- major pro-democracy groups support mine in the U.S. Senate and a very ris, her pollster at the time, recalls the free travel. Freedom House, Human dear and close personal friend whose Rights Watch, and other groups crit- service to the Nation and her home campaign being too cash-strapped to ical of Cuba’s government agree. Stud- State of Florida will endure for genera- afford a teleprompter. Aides made do ies of change in Eastern and Central tions in the heads and hearts of her by writing scripts on paper towels and Europe show a direct correlation be- posterity, friends and legions of admir- unrolling them as Paula spoke. In the tween contact with the outside world ers. end, her powers of persuasion and com- and the peacefulness and durability of In the ranks of those who greatly ad- mand of the facts carried the day with democratic transitions. mire and will dearly miss Paula, I voters. This is a policy whose time has come. stand front and center today to salute After stirring voters’ hearts in Flor- Numerous polls of Americans—of this extraordinary woman for her ac- ida, Paula stirred things up in the Na- Cuban origin and otherwise—show complishments, outstanding public tion’s Capital. Change was in the wind strong support. Non-Cuban-Americans service, wonderful family and exem- when she blew into wintry Washington have long supported easing restric- plary life. As I do so, I am humbled by in January 1981. For starters, she be- tions. But here is what is surprising: the magnitude of the task. It is not came the first Senator to bring her one recent poll found that 59 percent of easy to find the right words to do jus- husband to Washington, which resulted Cuban-Americans—the group most tice to such a unique and choice indi- in the Senate wives’ club being re- widely thought to oppose a change in vidual. named the Senate spouses’ club. She policy—actually support allowing all That said, I guess the first thing that helped spearhead legislation to help American citizens to travel to Cuba. As comes to mind about Paula Hawkins is widows and women divorcees get back the proportion of Cuban Americans that, true to her Utah Mormon herit- into the job market. She supported ef- who arrived after 1980 increases, sup- age, she was a pioneer—a real trail- forts to improve pensions for women port for free travel is only growing. In blazer who opened doors and windows and make them more equal to that of fact, even many Cuban e´migre´s 65 of opportunity for others to follow. men. She further fought to get daycare years and older, once passionately op- Long before there was a KAY BAILEY for the children of Senate employees. posed to it, now favor free travel. This HUTCHISON, DIANNE FEINSTEIN, OLYMPIA Even the all-male Senate gym was no is a sea change in the attitudes of SNOWE or MARIA CANTWELL in the U.S. sweat for Paula, who forced her fellow Cuban-Americans, and we should not Senate, there was Paula Hawkins. In Senators to wear swimming suits so ignore it. 1980, she became the first woman elect- that she could swim there as well. Change is in the air—in Havana, in ed to that august body for a full term To me, Paula was a ray of Florida Washington, and in major Cuban-Amer- without the benefit of family connec- sunshine that brightened my days dur- ican communities. I don’t personally tions, and she was the first woman ing the years we served together in the hold high hopes that the transfer of from Florida to serve as a Senator. Senate. She was a true blue conserv- power from Fidel to Rau´ l Castro and to And to the surprise of no one who ative who was warm, witty and cracked the next generation of hand-picked loy- knew her, she was no shrinking violet wise. We shared many a joke and a alists portends rapid change, but it is in Washington once she arrived. The laugh along with our commonly held obvious that the Cuba of today is not media may have dismissively billed her moral, ethical and religious beliefs. the Cuba of the 60s or even the 90s, and as that ‘‘housewife from Maitland,’’ And we became political allies and fast that our policy should not be stuck in but she quickly showed everyone that friends. In fact, Paula became and al- time either. Cubans are searching for this was one tough homemaker who ways remained one of my closest models for the future, and our eco- was acclimated to the political kitchen friends. nomic system and democratic ideals and could weather the heat that goes Both on and off Capitol Hill, she al- appeal to them. with it. I mean to tell you she was ways could be counted on through good In September, when the Colombian tough. times and bad. I quickly learned that rock star Juanes came to Havana, by Anyone who knows Paula also knows her word was her bond. Whenever I some estimates as many as a million that she was always impeccably needed help, she was always there. And

VerDate Nov 24 2008 03:19 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.015 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12704 CONGRESSIONAL RECORD — SENATE December 8, 2009 I certainly hope the reverse was true— the back seat moaning between appear- flect on her service and follow her ad- that I was there whenever she needed ances, according to Congressman John vice to that State Senator: Try Harder! help. Mica, her aide at the time. While she f Women, minorities, as well as the el- lost that race to Bob Graham, it is derly with disabilities also learned amazing that she did so well and a tes- ADDITIONAL STATEMENTS they could count on Paula. She was a tament to her courage and determina- tireless advocate in their behalf—and tion. TRIBUTE TO ROY OBREITER they loved her for it. She also showed Paula’s service did not end with her great political courage in 1984, when Senate term. Her contributions to her ∑ Mr. LEVIN. Mr. President, the Office she disclosed during a hearing that she State, community, family and church of Rural Development within the had been molested as a child. I am sure over the past 23 years have been truly United States Department of Agri- that horrific childhood experience, in significant. She also didn’t lose her culture will soon say goodbye to Roy part, informed her efforts to champion sense of humor. When a Florida State Obreiter, a longtime trusted adviser, children’s causes. senator told Paula several years ago friend, and colleague to all who have While her legislative accomplish- that she was trying to do a good job, worked with him. I am delighted to ments are too numerous to mention Paula smiled, grasped her hand firmly have this opportunity to pay tribute to here, I would like to make mention of and said simply: ‘‘Try harder, dear.’’ Roy, a staff appraiser with the agency one in particular. Paula spearheaded As great a public servant she was, in Michigan, who will retire after 38 the Missing Children’s Act of 1982, the Paula was just as remarkable in her years of dedicated service. I join many bill that instituted the National Center private life—as a wife, mother, grand- within the USDA, as well as the many for Missing & Exploited Children. mother and great-grandmother. She who have benefitted from his work over Thanks to that landmark legislation, had a fierce love for each member of the years, in celebrating this impres- the names of thousands of missing chil- her immediate and extended family. sive milestone. dren are now part of the FBI’s national And her husband Gene is no less re- Roy has an encyclopedic knowledge crime database. markable. He is one of the kindest, of agency programs and appraisal To secure the bill’s passage, Paula most friendly, decent and honorable guidelines. Through his hard work, personally lobbied President Reagan. men I have ever known—and his love focus, and passion, Roy has endeared As great a communicator as he was, for Paula has always been uplifting to himself to those who have had the the ‘‘Great Communicator’’ knew he behold. pleasure of working with him. had met his match in Paula and lent In every aspect of their lives, they Roy has been a role model and men- his support. Of course the President have been an exemplary couple. They tor to his peers and coworkers. His knew that Paula could always be relied have been just as exemplary as parents. kind and gentle demeanor, combined on to help deliver a legislative win for As members of The Church of Jesus with his ability to connect on a per- ‘‘the Gipper’’ in the Senate—which she Christ of Latter-day Saints, Gene and sonal level, have helped him earn the did many times. Paula took to heart the Mormon teach- respect and admiration of his col- As a staunch conservative, she found ing that families are forever. They leagues within the agency. Roy is an common cause with the President and were determined to ensure that every incredibly decent human being, de- other conservatives, including myself, family member worked hard toward voted to family and work, and loyal to on numerous issues. She was, for exam- achieving the goal of being able to be those around him. ple, an ardent anti-communist who together in the hereafter. They have a Beyond his personal qualities, Roy supported the President’s hard line great family and are well on their way has distinguished himself with a re- against Soviet expansionism. She also toward achieving that lofty goal. markable record of contributions to despised overly big government—and, In the Old Testament book of Prov- the agency. The assistance he has pro- there is certainly a lot to despise in erbs, we read: vided to Rural Development programs Washington, especially these days. Who can find a virtuous woman, for her during his career has been invaluable. Paula was an unwavering friend for price is far above rubies. The heart of her Roy can be proud of his contributions husband doth safely trust in her, so that he those who shared her values and com- shall have no need of spoil . . . She to Michigan and to rural America. He mitment, but she was an implacable stretcheth out her hand to the poor; yea, she will be missed by his colleagues and by foe of political corruption and to those reacheth forth her hands to the needy . . . those throughout Michigan who have who peddled illegal drugs on our Strength and honor are her clothing; and she been touched by his work. streets and in our schools. She fought shall rejoice in the time to come . . . She I congratulate Roy Obreiter on a job for legislation to cut foreign aid to na- looketh well to the ways of her household, well done and wish him the best as he tions that refused to reduce their ex- and eateth not the bread of idleness. Her embarks on the next phase of his life.∑ port of harmful drugs. She further as- children arise up, and call her blessed; her husband also, and he praiseth her . . . Fa- f sisted in creating the Senate Caucus on vour is deceitful and beauty is vain: but a TRIBUTE TO TERRY SHERWOOD International Narcotics Control and woman that feareth the Lord, she shall be helped initiate the South Florida Drug praised. Give her of the fruit of her hands; ∑ Mrs. LINCOLN. Mr. President, today Task Force. and let her own works praise her in the gates I join many of my fellow Arkansans in I would be remiss if I didn’t say (Proverbs 31:10–31). recognizing and thanking Terry Sher- something about Paula’s stamina. She Today, I am honored to have the wood with the Southwest Arkansas could endure as well as endear—often privilege of adding my voice to the Planning and Development District for when she was in great pain. In 1982, she chorus of praise for my dear friend, his 40 years of work with this agency was knocked unconscious when a TV Paula Hawkins. I feel deeply that a lov- and to wish him all the best in his re- studio partition fell on her during an ing Father in heaven and Jesus Christ tirement. interview in Florida. have already embraced Paula and Since the Southwest Arkansas Plan- Those of us who worked closely with taken her into their care and treat- ning and Development District was or- her know that the years that followed ment as one of truly great women who ganized and began operation in 1967, it were often filled with crippling pain. graced this Earth. has served local governments by work- Between votes on the Senate floor, she I truly loved Paula Hawkins. We were ing as an indispensable partner to iden- would often go to a room lent to her by best friends. Like Gene and the Haw- tify and implement State and Federal Senator Strom Thurmond in the Cap- kins’ three children—Genean, Kevin programs. Through Terry’s hard work itol and lie in traction in a hospital and Kelly—11 grandchildren and 10 and leadership with the Southwest Ar- bed. great-grandchildren, my wife Elaine kansas Planning and Development Dis- Despite the immense pain stemming and I look forward to a joyous reunion trict, communities throughout south- from her debilitating injury, Paula sol- one day with Paula on the other side of west Arkansas have been positively im- diered on during her 1986 bid for re- the veil. pacted and their lasting results are a election. On campaign trips across In the meantime, it is my hope that testament to his dedication and vision Florida Paula would sometimes lay in all of us here in this chamber will re- and will be felt for decades to come.

VerDate Nov 24 2008 03:19 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.030 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12705 Not only has Terry admirably served MESSAGES FROM THE PRESIDENT the Senate to the bill (H.R. 3288 ) in his chosen career, but he has also of- Messages from the President of the ‘‘making appropriations for the De- fered his talents and expertise to a va- United States were communicated to partments of Transportation, and riety of local, state and national orga- the Senate by Mr. Williams, one of his Housing and Urban Development, and nizations. Terry has served as past secretaries. related agencies for the fiscal year end- ing September 30, 2010, and for other President and board member of the Na- f tional Association of Development Or- purposes’’; it agrees to the conference ganizations, chairman of the Arkansas EXECUTIVE MESSAGES REFERRED asked by the Senate on the disagreeing I–69 Association and vice-president of As in executive session the Presiding votes of the two Houses thereon, and Arkansas Good Roads, board member Officer laid before the Senate messages appoints Mr. OLVER, Mr. PASTOR, Ms. of the Council of Peers and Southwest from the President of the United KAPTUR, Mr. PRICE of North Carolina, Regional Economic Development Asso- States submitting sundry nominations Ms. ROYBAL-ALLARD, Mr. BERRY, Ms. ciation, chairman of the Association of which were referred to the appropriate KILPATKRICK of Michigan, Mrs. LOWEY, Delta Development Districts, member committees. Mr. OBEY, Mr. LATHAM, Mr. WOLF, Mr. of the Arkansas Highway and Trans- (The nominations received today are TIAHRT, Mr. WAMP, and Mr. LEWIS of portation Public Participation’s Com- printed at the end of the Senate pro- California, as managers of the con- mittee, and a member of the Arkansas ceedings.) ference on the part of the House. Association of Development Organiza- f f tions. Terry’s efforts have enhanced MESSAGES FROM THE HOUSE MEASURES REFERRED the lives of the citizens of our state. I am thankful for his work and his At 10:03 a.m., a message from the The following bills were read the first friendship and wish him a productive House of Representatives, delivered by and the second times by unanimous retirement. Ms. Niland, one of its reading clerks, consent, and referred as indicated: announced that the House has passed H.R. 118. An act to authorize the addition I am proud to represent Terry in the the following bills, in which it requests of 100 acres to Morristown National Histor- U.S. Senate and pleased to have this the concurrence of the Senate: ical Park; to the Committee on Energy and opportunity today to publicly thank H.R. 118. An act to authorize the addition Natural Resources. him for his contributions to the State of 100 acres to Morristown National Histor- H.R. 1454. An act to provide for the of Arkansas and the people he ical Park. issuance of a Multinational Species Con- touched.∑ H.R. 1454. An act to provide for the servation Funds Semipostal Stamp; to the Committee on Homeland Security and Gov- ∑ issuance of a Multinational Species Con- Mr. PRYOR. Mr. President, today I servation Funds Semipostal Stamp. ernmental Affairs. pay tribute to the professional career H.R. 1672. An act to reauthorize the North- H.R. 2062. An act to amend the Migratory and community achievements of Terry west Straits Marine Conservation Initiative Bird Treaty Act to provide for penalties and Sherwood of Magnolia, AR. Act to promote the protection of the re- enforcement for intentionally taking pro- sources of the Northwest Straits, and for tected avian species, and for other purposes; Terry Sherwood, a graduate of Michi- other purposes. to the Committee on Environment and Pub- gan State University, began working as H.R. 2062. An act to amend the Migratory lic Works. an employee of Southwest Arkansas Bird Treaty Act to provide for penalties and H.R. 3388. An act to modify the boundary of Planning and Development District, enforcement for intentionally taking pro- Petersburg National Battlefield in the Com- Inc. in 1969. His hard work and dedica- tected avian species, and for other purposes. monwealth of Virginia, and for other pur- tion showed as he became the executive H.R. 3388. An act to modify the boundary of poses; to the Committee on Energy and Nat- Petersburg National Battlefield in the Com- ural Resources. director in January 1992. He has pro- monwealth of Virginia, and for other pur- H.R. 3804. An act to make technical correc- vided the people of Arkansas with poses. tions to various Acts affecting the National many accomplishments that are spread H.R. 3804. An act to make technical correc- Park Service, to extend, amend, or establish throughout the State. tions to various Acts affecting the National certain National Park Service authorities, Park Service, to extend, amend, or establish and for other purposes; to the Committee on He has served on several boards in certain National Park Service authorities, Energy and Natural Resources. several leadership roles such as past and for other purposes. H.R. 3940. An act to amend Public Law 96– president and board member of the Na- H.R. 3940. An act to amend Public Law 96– 597 to clarify the authority of the Secretary tional Association of Development Or- 597 to clarify the authority of the Secretary of the Interior to extend grants and other as- ganizations, NADO, vice president and of the Interior to extend grants and other as- sistance to facilitate political status public member of the executive board of the sistance to facilitate political status public education programs for the peoples of the I–69 Mid-Continent Highway Coalition, education programs for the peoples of the non-self-governing territories of the United chairman of the Arkansas I–69 Associa- non-self-governing territories of the United States; to the Committee on Energy and States. Natural Resources. tion, vice-president of Arkansas Good ENROLLED BILL SIGNED Roads, board member of the Council of f At 3:16 p.m., a message from the Peers Southeast Regional Executive House of Representatives, delivered by MEASURES PLACED ON THE Directors Institute, board member of Ms. Niland, one of its reading clerks, CALENDAR the Southwest Regional Economic De- announced that the Speaker has signed The following bill was read the first velopment Association, chair of the As- the following enrolled bill: and second times by unanimous con- sociation of Delta Development Dis- sent, and placed on the calendar: tricts Delta Regional Authority, mem- S. 1422. An act to amend the Family and Medical Leave Act of 1993 to clarify the eligi- ber of the Public Participation Com- H.R. 1672. An act to reauthorize the North- bility requirements with respect to airline west Straits Marine Conservation Initiative mittee Arkansas Highway and Trans- flight crews. Act to promote the protection of the re- portation Department, and member of sources of the Northwest Straits, and for Arkansas Association of Development At 4:27 p.m., a message from the other purposes. Organizations. House of Representatives, delivered by f Terry has brought great leadership Mrs. Cole, one of its reading clerks, an- nounced that the House has passed the EXECUTIVE AND OTHER and outstanding integrity to the south COMMUNICATIONS Arkansas community. His leadership is following bill, in which it requests the unique and has inspired many other concurrence of the Senate: The following communications were people in the area to get involved in H.R. 4218. An act to amend titles II and laid before the Senate, together with their local neighborhoods and towns. XVI of the Social Security Act to prohibit accompanying papers, reports, and doc- retroactive payments to individuals during uments, and were referred as indicated: Mr. President, I ask that my col- periods for which such individuals are pris- EC–3964. A communication from the Com- oners, fugitive felons, or probation or parole leagues join me in recognizing the missioner of the Social Security Administra- violators. great contributions Terry Sherwood tion, transmitting, the report of a proposed has made to Arkansas and the United The message also announced that the bill to amend titles II and XVI; to the Com- States of America.∑ House disagrees to the amendment of mittee on Finance.

VerDate Nov 24 2008 03:19 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G08DE6.033 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12706 CONGRESSIONAL RECORD — SENATE December 8, 2009 EC–3965. A communication from the Attor- 6. Brothers and Spouses: None. $4,200, 6/6/2005, Friends of Hillary Clinton; ney Advisor, U.S. Coast Guard, Department 7. Sisters and Spouses: None. $5,000, 8/26/2005, Searchlight Leadership Fund; of Homeland Security, transmitting, pursu- $2,100, 11/11/2005, John Sarbanes for Congress; ant to law, the report of a rule entitled *Eleni Tsakopoulos Kounalakis, of Cali- $2,100, 11/16/2005, Bilirakis for Congress; ‘‘Quarterly Listings; Safety Zones; Security fornia, to be Ambassador Extraordinary and $4,200, 2/21/2006, Feinstein for Senate; $4,200, 3/ Zones; Special Local Regulations; Regulated Plenipotentiary of the United States of 13/2006, Stabenow for US Senate; $2,100, 4/4/ Navigation Areas; Drawbridge Operation America to the Republic of Hungary. 2006, Francine Busby for Congress; $4,200, 5/ Regulations’’ (Docket No. USG–2009–1039) re- Nominee: Eleni Tsakopoulos Kounalakis. 18/2006, John Doolittle for Congress; $10,000, 6/ ceived in the Office of the President of the Post: Hungary. 30/2006, Democratic State Central Committee Senate on December 3, 2009; to the Com- (The following is a list of all members of of CA-Levin Funds Account; $5,000, 8/31/2006, mittee on Commerce, Science, and Transpor- my immediate family and their spouses. I HILL PAC; $2,100, 9/7/2006, Madrid for Con- tation. have asked each of these persons to inform gress; $2,100, 9/7/2006, Arcuri for Congress; me of the pertinent contributions made by $2,100, 9/7/2006, Kilroy for Congress; $500, 9/27/ f them. To the best of my knowledge, the in- 2006, John Sarbanes for Congress; $1,900, 10/5/ EXECUTIVE REPORTS OF formation contained in this report is com- 2006, Bilirakis for Congress; $15,000, 11/1/2006, plete and accurate.) COMMITTEES DCCC; $4,600, 2/21/2007, Hillary Clinton for Contributions, Amount, Date, and Donee: President ($2,300 redesignated to Friends of The following executive reports of 1. Self: $1,998.11, 2/7/2005, Doris Matsui for Hillary Clinton on 7/21/2008); $1,000, 2/16/2007, nominations were submitted: Congress; $2,000, 3/21/2005, Olympia Snowe for Friends of Patrick Kennedy; $26,700, 2/21/2007, Senate; $26,700, 3/21/2005, DCCC; $1,000, 3/21/ By Mr. KERRY for the Committee on For- DCCC; $500, 2/21/2007, Doris Matsui for Con- 2005, Arizona Democratic Party/Federal; gress; $28,500, 3/28/2007, DSCC; $5,000, 4/10/2007, eign Relations. $4,000, 3/28/2005, Van Hollen for Congress; $500, Calumet PAC; $4,600, 5/7/2007, Mike Thomp- *Rajiv J. Shah, of Washington, to be Ad- 3/24/2005, Friends of Dennis Cardoza; $4,200, 4/ son for Congress; $2,300, 5/11/2007, Tom ministrator of the United States Agency for 4/2005, Mike Thompson for Congress; $5,000, 4/ Vilsack for President; $4,600, 5/24/2007, International Development. 19/2005, VINE PAC; $1,000, 4/26/2005, Keeping Friends of Harry Reid; $2,300, 5/16/2007, Zack *Mary Burce Warlick, of Virginia, a Career America’s Promise; $4,200, 6/13/2005, Friends Space for Congress; $500, 6/17/2007, Udall for Member of the Senior Foreign Service, Class of Hillary Clinton; $5,000, 8/25/2005, Search- Colorado; $2,300, 9/20/2007, Niki Tsongas for of Minister-Counselor, to be Ambassador Ex- light Leadership Fund; $4,200, 9/2/2005, Cant- Congress; $2,300, 10/31/2007, Bilirakis for Con- traordinary and Plenipotentiary of the well 2006; $2,100, 11/14/2005, John Sarbanes for gress; $2,300, 12/28/2007, Dean Scontras for United States of America to the Republic of Congress; $2,100, 11/4/2005, Bilirakis for Con- Congress; $2,300, 1/24/2008, Jared Polis for Serbia. gress; $2,100, 2/21/2006, Doris Matsui for Con- Congress; $500, 2/29/2008, Wexler for Congress; Nominee: Mary Burce Warlick. gress; $3,246.44, 2/22/2006, Feinstein for Sen- $200, 3/28/2008, Lungren for Congress; $2,300, 4/ (The following is a list of all members of ate; $4,200, 3/13/2006, Stabenow for US Senate; 4/2008, Solis for Congress; $2,300, 5/8/2008, Zack my immediate family and their spouses. I $5,000, 3/17/2006, DSCC; $2,100, 4/7/2006, Space for Congress; $1,600, 5/12/2008, Titus for have asked each of these persons to inform Francine Busby for Congress; $10,000, 6/30/ Congress; $1,600, 5/13/2008, Bilirakis for Con- me of the pertinent contributions made by 2006, DSCC of CA; $5,000, 9/5/2006, HILL PAC; gress; $1,000, 3/5/2009, Lungren for Congress. them. To the best of my knowledge, the in- $500, 9/27/2006, John Sarbanes for Congress; Elaine Tsakopoulos: $1,000, 6/3/2005, Friends formation contained in this report is com- $2,100, 10/17/06, Amy Klobuchar (In preparing of Hillary Clinton; $1,000, 6/15/2007, Hillary plete and accurate.) this report, we discovered that this contribu- Clinton for President; $2,000, 12/10/2007, Hil- Contributions, amount, date, and donee: tion was reported by the Kolbuchar for Min- lary Clinton for President ($700 refunded on 1. Self: None. nesota committee as a contribution from 8/28/2008); $2,300, 10/20/2008, Obama for Amer- 2. Spouse: James B. Warlick, Jr., None. Eleni Tsakopoulos and not from Alexandra ica/Obama Victory Fund. 3. Children and Spouses: James B. Warlick, Tsakopoulos. This appears to have been an 5. Grandparents: Deceased III, None; Jason A. Warlick, None; Jordan V. inadvertent reporting error by the com- 6. Brothers: Kyriakos Tsakopoulos (no C. Warlick, None. mittee.); $1,936.55 10/18/2006 DCCC; $1,000, 2/8/ spouse): $1,907, 6/28/2006, John Sarbanes for 4. Parents: Willard and Elinor Burce, 2007, Emily’s List; $2,300, 2/21/2007, Hillary Congress; $10,000, 10/10/2006, Democratic State $35.00, 8/14/08, Republican National Com- Clinton for President; $320, 2/20/2007, Friends Central Committee of CA—Levin Funds Ac- mittee; $25.00, 10/3/08, Republican National of Patrick Kennedy; $1,000, 3/29/2007, The count; $26,700, 10/24/2006, DCCC; $28,500, 3/7/ Committee; $35.00, 10/30/08, Republican Na- Reed Committee; $28,500, 3/7/2007, DCCC; 2007, DCCC; $500, 6/10/2007, Udall for Colorado; tional Committee. $28,500, 3/29/2007, DSCC; $1,000, 4/6/2007, Com- $4,600, 12/28/2007, Hillary Clinton for Presi- 5. Grandparents: Deceased. petitive Edge PAC; $4,600, 5/7/2007, Mike dent ($2,300 refunded on 8/28/2008); $2,300, 12/28/ 6. Brothers and Spouses: Gregory C. Burce Thompson for Congress; $2,300, 5/11/2007, Tom 2007, Dean Scontras for Congress; $2,300, 4/1/ and Jan Rhodes: $30.00, 2/20/08, Obama for Vilsack for President; $4,600, 5/24/2007, 2008, Obama for America; $500, 6/7/2008, America; $30.00, 2/20/08, Al Franken for Sen- Friends of Harry Reid; $2,300, 5/21/2007, Zack Mitakides for Congress; $28,500, 7/28/2008, ate; $25.00, 8/21/08, Al Franken for Senate; Space for Congress; $500, 5/23/2007, Al DNC/Obama Victory Fund ($2,300 refunded $25.00, 8/21/08, Obama for America; $25.00, 9/21/ Franken for US Senate; $500, 6/15/2007, Udall from Obama for America on 8/31/2008). 08, Obama for America; $25.00, 12/20/08, Al for Colorado; $2,300, 9/21/2007, Niki Tsongas 7. Sisters: Katina Tsakopoulos (no spouse): Franken for Senate; $25.00, 4/16/08, Demo- for Congress; $2,300, 11/27/2007, Jeanne $2,000, 1/20/2005, Doris Matsui for Congress; cratic Legislative Campaign Committee; Je- Shaheen for Senate; $2,300, 11/27/2007, Honda $2,000, 3/18/2005, Olympia Snowe for Senate; rome E. and Nancy Burce: None; Charles A. for Congress; $1,000, 2/21/2008, Kristen $26,700, 3/22/2005, DCCC; $4,200, 5/4/2005, Mike Burce: None. Gillibrand for Congress; $2,300, 5/12/2008, Zack Thompson for Congress; $5,000, 5/4/2005, VINE 7. Sisters and Spouses: Amy E. Burce, Space for Congress; $2,300, 5/12/2008, Titus for PAC; $2,100, 6/1/2005, Doris Matsui for Con- $25.00, 3/18/08, Obama for America; $25.00, 5/31/ Congress; $4,600, 6/10/2008, Obama for Amer- gress; $4,200, 6/13/2005, Friends of Hillary Clin- 08, Obama for America; $25.00, 11/02/08, Obama ica; $2300 6/10/2008, Obama for America; ton; $5,000, 8/25/2005, Searchlight Leadership for America; Juliana and Brian Tanning: $(2300), 6/10/2008, Obama for America refund; Fund; $2,100, 10/25/2005, Francine Busby for None; Carrie and Myron Koehn: None. $6,500, 9/22/2008, DNC/Obama Victory Fund; Congress; $2,100, 11/11/2005, John Sarbanes for $2,300, 9/29/2008, Titus for Congress; $2,300, 10/ Congress; $2,100, 11/18/2005, Bilirakis for Con- *James B. Warlick, Jr., of Virginia, a Ca- 14/2008, Al Franken for US Senate; $2,300, 10/ gress; $4,200, 4/7/2006, Francine Busby for Con- reer Member of the Senior Foreign Service, 14/2008, Jill Derby for Congress; $215, 3/24/2009, gress; $24,700, 5/23/2006, DCCC; $2,100, 9/8/2006, Class of Minister-Counselor, to be Ambas- DSCC of CA. Madrid for Congress; $2,100, 9/8/2006, Arcuri sador Extraordinary and Plenipotentiary of 2. Spouse: Markos Kounalakis: for Congress; $2,100, 9/8/2006, Kilroy for Con- the United States of America to the Republic (My husband does not make contributions gress; $2,100, 9/27/2006, John Sarbanes for Con- of Bulgaria. because he is a journalist. However, on occa- gress; $2,100, 10/5/2006, Bilirakis for Congress; Nominee: James B. Warlick, Jr. sion, when I have made a contribution with $2,100 10/19/2006, Francine Busby for Congress; Post: Sofia, Bulgaria. a check payable on a joint checking account, $2,100, 10/25/2006, Zach Space for Congress; (The following is a list of all members of the contribution has been incorrectly attrib- $4,600, 2/12/2007, Hillary Clinton for President my immediate family and their spouses. I uted to him including the following during ($2,300 refund received on 8/28/2008); $1,000 2/16/ have asked each of these persons to inform the relevant time period:) 2007, Friends of Patrick Kennedy; $28,500, 3/7/ me of the pertinent contributions made by $2,300, 3/6/2007, Hillary Clinton for Presi- 2007, DCCC; $4,600, 5/4/2007, Mike Thompson them. To the best of my knowledge, the in- dent (contribution refunded on 10/6/2008). for Congress; $2,300, 5/11/2007, Tom Vilsack for formation contained in this report is com- 3. Children: Antoneo: None. Congress; $2,300, 9/17/2007, Zach Space for plete and accurate.) Evangelos: None. Congress; $2,300, 3/7/2008, Susan Davis for Contributions and amount: Spouses: None. Congress; $2,300, 5/12/008, Titus for Congress. 1. Self: None. 4. Parents: Angelo Tsakopoulos: $2,000, 1/21/ Athena Tsakopoulos (no spouse): $2,000, 1/ 2. Spouse: None. 2005, Doris Matsui for Congress; $2,000, 3/18/ 24/2005, Doris Matsui for Congress; $2,000, 3/21/ 3. Children and Spouses: None. 2005, Olympia Snowe for Senate; $26,700, 3/21/ 2005, Olympia Snowe for Senate; $4,200, 4/13/ 4. Parents: None. 2005, DCCC; $4,200, 4/5/2005, Mike Thompson 2005, Mike Thompson for Congress; $5,000, 4/ 5. Grandparents: None. for Congress; $5,000, 4/20/2005, VINE PAC; 29/500, VINE PAC; $4,200, 6/16/2005, Friends of

VerDate Nov 24 2008 05:39 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.022 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12707 Hillary Clinton; $2,100, 11/11/2005, John Sar- Friends of Hillary on 8/28/2008); $1,000, 2/16/ 2. Spouse: Calvin D. Wills, Sr.: None. banes for Congress; $2,100, 11/18/2005, Bilirakis 2007, Friends of Patrick Kennedy; $28,500, 3/7/ 3. Children and Spouses: Calvin D. Wills, for Congress; $847.97, 2/28/2006, Feinstein for 2007, DCCC; $4,600, 5/4/2007, Mike Thompson Jr., None; Anthony R. Wills, None. Senate; $2,100, 4/4/2006, Francine Busby for for Congress; $2,300, 5/11/2007, Tom Vilsack for 4. Parents: Edna D. Randall; $50.00; Barack Congress; $4,200, 5/16/2006, Francine Busby for Congress; $500, 6/14/2007, Udall for Colorado; Obama; Joseph R. Randall, Sr.—deceased. Congress; $10,000 6/30/2006, Democratic State $2,300, 9/11/2007, Zach Space for Congress; 5. Grandparents: Lenear B. Randall—de- Central Committee of California Levin $2,300, 9/20/2007, Niki Tsongas for Congress; ceased; Jessie Randall—deceased; Marie Funds Account; $5,000, 8/31/2006, HILL PAC; $2,300, 11/28/2007, Jeanne Shaheen for Senate; Barnett—deceased; George Denny—deceased. $25,000 9/8/2006, DSCC/Senate Victory Fund; $2,300, 11/28/2007, Honda for Congress; $2,300, 8/ 6. Brothers and Spouses: George E. Ran- $2,100, 9/8/2006, Madrid for Congress; $2,100, 9/ 11/2008, Jeanne Shaheen for Senate; $2,300, 9/ dall, None; Dawn Randall, None; Joseph R. 8/2006, Arcuri for Congress; $2,100, 9/8/2006, 19/2008, Obama for America; $26,200, 9/19/2008, Randall, Jr., None; Angelia Randall, None. Kilroy for Congress; $2,100, 9/27/2006, John DNC/Obama Victory Fund. 7. Sisters and Spouses: Deborah I. Randall, Sarbanes for Congress; $2,100, 10/25/2006, Zach *Leslie V. Rowe, of Washington, a Career None; Gloria Jean Randall, None; Toni M. Space for Congress; $10,000, 11/1/2006, DCCC; Member of the Senior Foreign Service, Class Randall, $150.00, Barack Obama. $4,600, 2/12/2007, redesignated to Friends of of Minister-Counselor, to be Ambassador Ex- Hillary Clinton on 7/10/2008; $1,000, 2/16/2007, traordinary and Plenipotentiary of the *Anne Slaughter Andrew, of Indiana, to be Friends of Patrick Kennedy; $4,600, 5/4/2007, United States of America to the Republic of Ambassador Extraordinary and Pleni- Mike Thompson for Congress; $2,300, 5/11/2007, Mozambique. potentiary of the United States of America Tom Vilsack for Congress; $2,300, 9/11/2007, Nominee: Leslie V. Rowe. to the Republic of Costa Rica. Zach Space for Congress; $2,300, 5/12/2008, Post: Mozambique. Nominee: Anne Slaughter Andrew. Zach Space for Congress; $2,300, 5/12/2008, (The following is a list of all members of Post: Ambassador. Titus for Congress; $2,300, 10/23/2008, Obama my immediate family and their spouses. I (The following is a list of all members of for America; $26,200, 10/31/2008, DNC/Obama have asked each of these persons to inform my immediate family and their spouses. I Victory Fund. me of the pertinent contributions made by have asked each of these persons to inform Chrysanthy Tsakopoulos (no spouse): them. To the best of my knowledge, the in- me of the pertinent contributions made by $2,000, 1/21/2005, Doris Matsui for Congress; formation contained in this report is com- them. To the best of my knowledge, the in- $2,000, 3/18/2005, Olympia Snowe for Senate; plete and accurate.) formation contained in this report is com- $26,700, 3/22/2005, DCCC; $4,200, 4/6/2005, Mike Contributions, amount, date, and donee: plete and accurate.) Thompson for Congress; $5,000, 4/19/2005, 1. Self: None. Contributions, Amount, Date, and Donee: VINE PAC; $4,200, 6/6/2005, Friends of Hillary 2. Theodore Einar Dieffenbacher, Spouse: 1. Self: $2,100, 9/30/2005,Evan Bayh Com- Clinton; $5,000, 8/26/2005, Searchlight Leader- None. mittee; $1,000, 6/9/2006, Ellsworth for Con- ship Fund; $2,100, 11/11/2005, John Sarbanes 3. Children: Paul Vicente Dieffenbacher, gress; $250, 7/26/06, Mahoney for Florida; for Congress; $2,100, 11/18/2005, Bilirakis for None; Daniele Dieffenbacher, None; Jac- $2,300, 9/30/2007, Hillary Clinton for President; Congress; $4,200, 2/21/2006, Feinstein for Sen- queline Liisa Dieffenbacher, None. $100, 5/29/08, Obama for America; $500, 6/24/ ate; $4,200, 3/12/2006, Stabenow for US Senate; 4. Parents: Sara Ventura Rowe—deceased; 2008, Obama for America; $2,300, 7/8/2008, $2,100, 4/4/2006, Francine Busby for Congress John Leslie Rowe—deceased; Leon Ventura— Obama for America; $28,500, 8/4/2008, Obama for special election on 4/11/06; $4,200, 5/16/2006, deceased; Pauline Ventura—deceased; John Victory Fund/DNC; $4,000 designated by DNC Francine Busby for Congress $2100 for special E. Rowe—deceased; Mary E. Rowe—deceased. to Obama for America; $24,500 designated by runoff election held on 6/6/2006 and $2100 for 5. Sister: Nancy Ventura Rowe; None. DNC to DNC; ($2,300), 11/12/09, Refund by primary election held on 6/6/2006; $10,000, 6/30/ Obama for America. 2006, Democratic State Central Committee of *Alberto M. Fernandez, of Virginia, a Ca- 2. Spouse: Joseph J. Andrew: $5,000, 2005, California Levin Funds Account; $5,000, 8/31/ reer Member of the Senior Foreign Service, Sonnenschein PAC; $2,100, 9/30/2005, Evan 2006, HILL PAC; $2,100, 9/20/2006, Zach Space Class of Minister-Counselor, to be Ambas- Bayh Committee; $5,000, 2006, Sonnenschein for Congress; $2,100, 9/27/2006, John Sarbanes sador Extraordinary and Plenipotentiary of PAC; $500, 4/27/2006, Ben Cardin for Senate; for Congress; $2,100, 10/5/2006, Bilirakis for the United States of America to the Republic $1,000, 6/27/2006, Hoosiers for Hill; $500, 1/08/07, Congress; $10,000, 10/18/2006, DCCC; $1,000, 10/ of Equatorial Guinea. IN Dem Cong. Victory Cmte.; $5,000, 2007, 30/2006, Montana Democratic Party/Federal; Nominee: Alberto M. Fernandez. Sonnenschein PAC; $2,300, 6/30/2007; Hillary $4,600, 2/12/2007, Hillary Clinton for President Post: Ambassador to Equatorial Guinea. Clinton for President; $5,000, 2008, (2,300 redesignated to Friends of Hillary on 8/ (The following is a list of all members of Sonnenschein PAC; $504, 9/1/2008, Obama Vic- 28/2008; $1,000, 2/16/2007, Friends of Patrick my immediate family and their spouses. I tory Fund; $3,000, 9/30/2008, Obama Victory Kennedy; $28,500, 3/7/2007, DCCC; $4,600, 5/4/ have asked each of these persons to inform Fund; $5,000, 2009, Sonnenschein PAC; $1,000, 2007, Mike Thompson for Congress; $2,300, 5/ me of the pertinent contributions made by 5/1/2009, Harry Reid for U.S. Senate. 11/2007, Tom Vilsack for Congress; $500, 6/14/ them. To the best of my knowledge, the in- 3. Children and Spouses: Will Andrew— 2007, Udall for Colorado; $2,300, 9/17/2007, Zach formation contained in this report is com- None; Meredith Andrew—None. Space for Congress; $2,300, 9/20/2007, Niki plete and accurate.) 4. Parents: Marjorie Slaughter—Deceased; Tsongas for Congress; $2,300, 11/28/2007, Jim Contributions, amount, date, and donee Owen L. Slaughter, M.D.—Deceased. Costa for Congress; $2,300, 5/12/2008, Titus for 1. Self: None. 5. Grandparents: Jack Slaughter—De- Congress; $2,300, 6/30/2008, Zach Space for 2. Spouse: Katy Fernandez: None. ceased; Margaret Sullivan Slaughter—De- Congress; $2,300, 10/23/2008, Obama for Amer- 3. Children: Josrah P. Fernandez; None; ceased; Mr. and Mrs. George Specht—De- ica; $26,200, 10/31/2008, DNC/Obama Victory Adam F. Fernandez; None. ceased. Fund; $2,300, 10/23/2008, Bilirakis for Congress; 4. Parents: Diana Rodriguez; $25.00; 7–23–08; 6. Brothers and Spouses: Owen Slaughter— $4,800, 3/24/2009, Alexi for Illinois Exploratory John McCain; Jorge L. Rodriguez; None. None; Julie Slaughter (spouse): $100, 2006, Committee. 5. Grandparents—deceased; None. Baron Hill for Congress; $100, 2008, Baron Hill Alexandra Tsakopoulos (no spouse): $5,000, 6. Brother and Spouses: None. for Congress; $50, 2008, Obama for America; 8/26/2005, Searchlight Leadership Fund; $2,100, 7. Sister and Spouse: Diana Valencia; Mark Slaughter: $2,300, 8/24/2008, 2008, 11/11/2005, John Sarbanes for Congress; $2,100, None; Guillermo Valencia; None. Yarmuth for Congress; Martha Slaughter 11/18/2005, Bilirakis for Congress; $4,200, 2/21/ (spouse): $2,300, 11/14/2007, Hillary Clinton for 2006, Feinstein for Senate; $44,200, 3/12/2006; *Mary Jo Wills, of the District of Colum- President; $300, 1/27/2008, Citizens for Rick Stabenow for US Senate; $2,100, 4/4/2006, bia, a Career Member of the Senior Foreign Stock; $500, 5/5/2008, Friends of Scott Harper; Francine Busby for Congress for special elec- Service, Class of Minister-Counselor, to be $500, 6/30/2008, Friends of Scott Harper; $250, tion on 4/11/06; $4,200, 5/16/2006, Francine Ambassador Extraordinary and Pleni- 10/23/2008, Friends of Bruce Lunsford. Busby for Congress $2100 for special runoff potentiary of the United States of America 7. Sisters and Spouses: Sara Slaughter: election held on 6/6/2006 and $2100 for primary to the Republic of Mauritius, and to serve $500, 4/25/2007, Obama for America; $50, 10/ election held on 6/6/2006; $10,000, 6/30/2006, concurrently and without additional com- 2008, Obama for America; Tom Smith Democratic State Central Committee of pensation as Ambassador Extraordinary and (spouse)—None; Lynne Hodge—None; Chris- California Levin Funds Account; $2,000, 8/29/ Plenipotentiary of the United States of topher Hodge (spouse)—None. 2006, Honda for Congress; $5,000, 8/31/2006, America to the Republic of Seychelles. HILL PAC; $25,000, 9/8/2006, DSCC/Senate Vic- Nominee: Mary Jo Wills. *David Daniel Nelson, of Minnesota, a Ca- tory Fund; $25,000, 9/8/2006, DCCC/House Vic- Post: reer Member of the Senior Foreign Service, tory Fund; $2,100, 9/8/2006, Madrid for Con- (The following is a list of all members of Class of Minister-Counselor, to be Ambas- gress; $2,100, 9/8/2006, Arcuri for Congress; my immediate family and their spouses. I sador Extraordinary and Plenipotentiary of $2,100, 9/8/2006, Kilroy for Congress; $2,100, 9/ have asked each of these persons to inform the United States of America to the Oriental 20/2006, Zach Space for Congress; $2,100, 9/27/ me of the pertinent contributions made by Republic of Uruguay. 2006, John Sarbanes for Congress; $2,100, 10/5/ them. To the best of my knowledge, the in- Nominee: David D. Nelson. 2006, Bilirakis for Congress; $10,000, 10/18/2006, formation contained in this report is com- Post: Montevideo. DCCC; $1,000, 10/30/2006, Montana Democratic plete and accurate.) (The following is a list of all members of Party/Federal; $4,600, 2/12/2007, Hillary Clin- Contributions, amount, date, donee: my immediate family and their spouses. I ton for President (2,300 redesignated to 1. Self: None. have asked each of these persons to inform

VerDate Nov 24 2008 05:44 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.069 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12708 CONGRESSIONAL RECORD — SENATE December 8, 2009 me of the pertinent contributions made by the Secretary’s desk for the informa- Awareness Month’’ and supporting efforts to them. To the best of my knowledge, the in- tion of Senators. increase awareness of autoimmune diseases formation contained in this report is com- The PRESIDING OFFICER. Without and increase funding for autoimmune disease plete and accurate.) objection, it is so ordered. research; to the Committee on the Judiciary. Contributions, amount, date, and donee: *Foreign Service nominations beginning f 1. Self: David Nelson: $0, n/a, n/a. with Christopher William Dell and ending 2. Spouse: Gloria Nelson: $0, n/a, n/a. ADDITIONAL COSPONSORS with Mark J. Steakley, which nominations 3. Children and Spouses: Alexander D. Nel- were received by the Senate and appeared in S. 428 son: $0, n/a, n/a. the Congressional Record on September 24, At the request of Mr. DORGAN, the 4. Parents: Edmund K. Nelson: No dona- 2009. (minus 1 nominee: Barbara J. Martin) name of the Senator from Massachu- tions, but ran for State Legislature in South *Foreign Service nominations beginning setts (Mr. KERRY) was added as a co- Dakota, 2004 (he lost). Marlys M. Nelson: $50, with Carleene H. Dei and ending with Robert 2008, Republican Senatorial Campaign Com- sponsor of S. 428, a bill to allow travel E. Wuertz, which nominations were received between the United States and Cuba. mittee. by the Senate and appeared in the Congres- 5. Grandparents: Joel Nelson—deceased; sional Record on September 25, 2009. (minus S. 696 Estelle Nelson—deceased; Albert Billman— 2 nominees: Earl W. Gast; R. Douglass Ar- At the request of Mr. CARDIN, the deceased; Edith Billman—deceased. buckle) names of the Senator from Minnesota 6. Brothers and Spouses: none. *Foreign Service nominations beginning (Ms. KLOBUCHAR) and the Senator from 7. Sisters and Spouses: Suzanne Babich: with Jeffrey D. Adler and ending with New Jersey (Mr. LAUTENBERG) were $50, 2008, Minn. State Republican Party; $50, Conrad William Turner, which nominations 2007, Minn. State Republican Party; $50, 2006, added as cosponsors of S. 696, a bill to were received by the Senate and appeared in amend the Federal Water Pollution Minn. State Republican Party, $50, 2005, the Congressional Record on November 9, Minn. State Republican Party; Elizabeth 2009. Control Act to include a definition of fill material. Thorson: $0, n/a, n/a; David Thorson: $50, 2004, *Nomination was reported with rec- Doug Meslow; $50, 2004, Rebecca Otto; $50, S. 762 2006, Hutchinson/Reed; $50, 2006, Matt Dean; ommendation that it be confirmed sub- ject to the nominee’s commitment to At the request of Mrs. FEINSTEIN, the $50, 2006, Scott Wright; $50, 2006, Thomas name of the Senator from Colorado Huntley; $356, 2009, AAFP PAC; $100, 2009, respond to requests to appear and tes- (Mr. UDALL) was added as a cosponsor MMA MEDPAC; $356, 2008, AAFP PAC; $100, tify before any duly constituted com- 2008, MMA MEDPAC; $356, 2007, AAFP PAC; mittee of the Senate. of S. 762, a bill to promote fire safe $100, 2007, MMA MEDPAC; $356, 2006, AAFP communities and for other purposes. f PAC; 100, 2006, MMA MEDPAC; $356, 2005, S. 841 AAFP PAC; $100, 2005, MMA MEDPAC. INTRODUCTION OF BILLS AND At the request of Mr. KERRY, the *Betty E. King, of New York, to be Rep- JOINT RESOLUTIONS name of the Senator from Arkansas resentative of the United States of America The following bills and joint resolu- (Mr. PRYOR) was added as a cosponsor to the Office of the United Nations and Other of S. 841, a bill to direct the Secretary International Organizations in Geneva, with tions were introduced, read the first the rank of Ambassador. and second times by unanimous con- of Transportation to study and estab- Nominee: Betty King. sent, and referred as indicated: lish a motor vehicle safety standard Post: USUN Geneva. By Mr. NELSON of Nebraska: that provides for a means of alerting (The following is a list of all members of S. 2846. A bill to authorize the issuance of blind and other pedestrians of motor my immediate family and their spouses. I United States War Bonds to aid in funding of vehicle operation. have asked each of these persons to inform the operations in Iraq and Afghanistan; to S. 878 me of the pertinent contributions made by the Committee on Banking, Housing, and At the request of Mr. LAUTENBERG, them. To the best of my knowledge, the in- Urban Affairs. the name of the Senator from Rhode Is- formation contained in this report is com- By Mr. WHITEHOUSE (for himself and land (Mr. WHITEHOUSE) was added as a plete and accurate.) Mr. SCHUMER): Contributions, date, donee, and amount: S. 2847. A bill to regulate the volume of cosponsor of S. 878, a bill to amend the 1. Self: 2009, Democratic National Com- audio on commercials; to the Committee on Federal Water Pollution Control Act to mittee; $200, 2008 Barack Obama Presidential Commerce, Science, and Transportation. modify provisions relating to beach Campaign; $1,750, 2008 Hillary for President; By Mr. LAUTENBERG: monitoring, and for other purposes. S. 2848. A bill to amend the Federal Food, $1,250, 2008, Democratic National Committee; S. 936 $150, 2007, Democratic National Committee; Drug, and Cosmetic Act to require manufac- turers of bottled water to submit annual re- At the request of Mr. LAUTENBERG, $100, 2006, Harold Ford Senate Campaign; the name of the Senator from New $250, 2005, Paul Aronshen for Congress; $100. ports, and for other purposes; to the Com- mittee on Environment and Public Works. York (Mr. SCHUMER) was added as a co- *Laura E. Kennedy, of New York, a Career By Ms. MURKOWSKI: sponsor of S. 936, a bill to amend the Member of the Senior Foreign Service, Class S. 2849. A bill to require a study and report Federal Water Pollution Control Act to of Minister-Counselor, for the rank of Am- on the feasibility and potential of estab- authorize appropriations for sewer bassador during her tenure of service as U.S. lishing a deep water sea port in the Arctic to overflow control grants. protect and advance strategic United States Representative to the Conference on Disar- S. 1066 mament. interests within the evolving and ever more important region; to the Committee on At the request of Mr. SCHUMER, the *Eileen Chamberlain Donahoe, of Cali- name of the Senator from New York fornia, for the rank of Ambassador during Armed Services. her tenure of service as the United States By Mr. VITTER: (Mrs. GILLIBRAND) was added as a co- Representative to the UN Human Rights S. 2850. A bill to permit the use of Federal sponsor of S. 1066, a bill to amend title Council. funds from the Community Development XVIII of the Social Security Act to *Jide J. Zeitlin, of New York, to be Rep- Block Grant Program to be used to reme- preserve access to ambulance services resentative of the United States of America diate damage from the installation of taint- ed drywall, and for other purposes; to the under the Medicare program. to the United Nations for U.N. Management S. 1304 and Reform, with the rank of Ambassador. Committee on Banking, Housing, and Urban At the request of Mr. GRASSLEY, the *Jide J. Zeitlin, of New York, to be Alter- Affairs. nate Representative of the United States of By Mr. GRASSLEY: name of the Senator from West Vir- S. 2851. A bill to make permanent certain America to the Sessions of the General As- ginia (Mr. BYRD) was added as a co- education tax incentives, to modify rules re- sembly of the United Nations during his ten- sponsor of S. 1304, a bill to restore the lating to college savings plans, and for other ure of service as Representative of the economic rights of automobile dealers, purposes; to the Committee on Finance. United States of America to the United Na- and for other purposes. f tions for U.N. Management and Reform. S. 1313 Mr. KERRY. Mr. President, for the SUBMISSION OF CONCURRENT AND At the request of Mr. LUGAR, the Committee on Foreign Relations I re- SENATE RESOLUTIONS name of the Senator from New York port favorably the following nomina- The following concurrent resolutions (Mrs. GILLIBRAND) was added as a co- tion lists which were printed in the and Senate resolutions were read, and sponsor of S. 1313, a bill to amend the RECORD on the dates indicated, and ask referred (or acted upon), as indicated: Internal Revenue Code of 1986 to per- unanimous consent, to save the ex- By Mr. LEVIN: manently extend and expand the chari- pense of reprinting on the Executive S. Res. 372. A resolution designating March table deduction for contributions of Calendar that these nominations lie at 2010 as ‘‘National Autoimmune Diseases food inventory.

VerDate Nov 24 2008 05:44 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.040 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12709 S. 1421 Emergency Economic Stabilization Act ment No. 2878 intended to be proposed At the request of Mr. LEVIN, the of 2008, with respect to considerations to H.R. 3590, a bill to amend the Inter- name of the Senator from Minnesota of the Secretary of the Treasury in pro- nal Revenue Code of 1986 to modify the (Ms. KLOBUCHAR) was added as a co- viding assistance under that Act, and first-time homebuyers credit in the sponsor of S. 1421, a bill to amend sec- for other purposes. case of members of the Armed Forces tion 42 of title 18, United States Code, S. 1938 and certain other Federal employees, to prohibit the importation and ship- At the request of Mr. ROCKEFELLER, and for other purposes. ment of certain species of carp. the name of the Senator from Virginia AMENDMENT NO. 2898 S. 1524 (Mr. WARNER) was added as a cosponsor At the request of Mr. LIEBERMAN, the At the request of Mr. KERRY, the of S. 1938, a bill to establish a program name of the Senator from Rhode Island name of the Senator from Maine (Ms. to reduce injuries and deaths caused by (Mr. WHITEHOUSE) was added as a co- SNOWE) was added as a cosponsor of S. cellphone use and texting while driv- sponsor of amendment No. 2898 in- 1524, a bill to strengthen the capacity, ing. tended to be proposed to H.R. 3590, a transparency, and accountability of S. 2128 bill to amend the Internal Revenue Code of 1986 to modify the first-time United States foreign assistance pro- At the request of Mr. LEMIEUX, the homebuyers credit in the case of mem- grams to effectively adapt and respond name of the Senator from Florida (Mr. bers of the Armed Forces and certain to new challenges of the 21st century, NELSON) was added as a cosponsor of S. other Federal employees, and for other and for other purposes. 2128, a bill to provide for the establish- purposes. S. 1547 ment of the Office of Deputy Secretary AMENDMENT NO. 2909 At the request of Mr. REED, the name for Health Care Fraud Prevention. At the request of Mr. NELSON of Flor- of the Senator from New Jersey (Mr. S. 2810 ida, the names of the Senator from LAUTENBERG) was added as a cosponsor At the request of Mr. COCHRAN, the New York (Mrs. GILLIBRAND), the Sen- of S. 1547, a bill to amend title 38, name of the Senator from Arkansas ator from Pennsylvania (Mr. CASEY) United States Code, and the United (Mr. PRYOR) was added as a cosponsor and the Senator from Wisconsin (Mr. States Housing Act of 1937 to enhance of S. 2810, a bill to require the Sec- KOHL) were added as cosponsors of and expand the assistance provided by retary of Agriculture to provide emer- amendment No. 2909 intended to be pro- the Department of Veterans Affairs gency disaster assistance to certain ag- posed to H.R. 3590, a bill to amend the and the Department of Housing and ricultural producers that suffered Internal Revenue Code of 1986 to mod- Urban Development to homeless vet- losses during the 2009 calendar year. ify the first-time homebuyers credit in erans and veterans at risk of homeless- S. 2831 the case of members of the Armed ness, and for other purposes. At the request of Mr. REED, the name Forces and certain other Federal em- S. 1578 of the Senator from New Jersey (Mr. ployees, and for other purposes. At the request of Mr. LEAHY, the LAUTENBERG) was added as a cosponsor AMENDMENT NO. 2912 name of the Senator from Florida (Mr. of S. 2831, a bill to provide for addi- At the request of Mr. WHITEHOUSE, LEMIEUX) was added as a cosponsor of tional emergency unemployment com- the name of the Senator from Rhode Is- S. 1578, a bill to amend chapter 171 of pensation and to keep Americans work- land (Mr. REED) was added as a cospon- title 28, United States Code, (com- ing, and for other purposes. sor of amendment No. 2912 intended to monly referred to as the Federal Torts S. RES. 320 be proposed to H.R. 3590, a bill to Claim Act) to extend medical mal- At the request of Mr. BOND, the name amend the Internal Revenue Code of practice coverage to free clinics and of the Senator from Georgia (Mr. 1986 to modify the first-time home- the officers, governing board members, ISAKSON) was added as a cosponsor of S. buyers credit in the case of members of employees, and contractors of free clin- Res. 320, a resolution designating May the Armed Forces and certain other ics in the same manner and extend as 1 each year as ‘‘Silver Star Banner Federal employees, and for other pur- certain Federal officers and employees. Day’’. poses. AMENDMENT NO 2913 S. 1589 AMENDMENT NO. 2790 . At the request of Mr. WHITEHOUSE, At the request of Ms. CANTWELL, the At the request of Mr. CASEY, the name of the Senator from New Hamp- names of the Senator from New York the name of the Senator from Rhode Is- land (Mr. REED) was added as a cospon- shire (Mr. GREGG) was added as a co- (Mrs. GILLIBRAND) and the Senator sor of amendment No. 2913 intended to sponsor of S. 1589, a bill to amend the from Rhode Island (Mr. REED) were be proposed to H.R. 3590, a bill to Internal Revenue Code of 1986 to mod- added as cosponsors of amendment No. amend the Internal Revenue Code of ify the incentives for the production of 2790 intended to be proposed to H.R. 1986 to modify the first-time home- biodiesel. 3590, a bill to amend the Internal Rev- buyers credit in the case of members of S. 1660 enue Code of 1986 to modify the first- the Armed Forces and certain other At the request of Ms. KLOBUCHAR, the time homebuyers credit in the case of Federal employees, and for other pur- name of the Senator from Illinois (Mr. members of the Armed Forces and cer- poses. DURBIN) was added as a cosponsor of S. tain other Federal employees, and for AMENDMENT NO. 2923 1660, a bill to amend the Toxic Sub- other purposes. At the request of Mr. DORGAN, the stances Control Act to reduce the emis- AMENDMENT NO. 2807 sions of formaldehyde from composite name of the Senator from Washington At the request of Mr. CORNYN, the (Mrs. MURRAY) was added as a cospon- wood products, and for other purposes. name of the Senator from Kansas (Mr. sor of amendment No. 2923 intended to S. 1666 ROBERTS) was added as a cosponsor of be proposed to H.R. 3590, a bill to At the request of Ms. COLLINS, the amendment No. 2807 intended to be pro- amend the Internal Revenue Code of name of the Senator from North Caro- posed to H.R. 3590, a bill to amend the 1986 to modify the first-time home- lina (Mr. BURR) was added as a cospon- Internal Revenue Code of 1986 to mod- buyers credit in the case of members of sor of S. 1666, a bill to require the Ad- ify the first-time homebuyers credit in the Armed Forces and certain other ministrator of the Environmental Pro- the case of members of the Armed Federal employees, and for other pur- tection Agency to satisfy certain con- Forces and certain other Federal em- poses. ditions before issuing to producers of ployees, and for other purposes. AMENDMENT NO. 2930 mid-level ethanol blends a waiver from AMENDMENT NO. 2878 At the request of Ms. STABENOW, the certain requirements under the Clean At the request of Mr. CARDIN, the name of the Senator from Louisiana Air Act, and for other purposes. names of the Senator from Connecticut (Ms. LANDRIEU) was added as a cospon- S. 1822 (Mr. LIEBERMAN), the Senator from Illi- sor of amendment No. 2930 intended to At the request of Mr. MERKLEY, the nois (Mr. BURRIS), the Senator from be proposed to H.R. 3590, a bill to name of the Senator from North Caro- New Jersey (Mr. MENENDEZ) and the amend the Internal Revenue Code of lina (Mrs. HAGAN) was added as a co- Senator from Illinois (Mr. DURBIN) 1986 to modify the first-time home- sponsor of S. 1822, a bill to amend the were added as cosponsors of amend- buyers credit in the case of members of

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.024 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12710 CONGRESSIONAL RECORD — SENATE December 8, 2009 the Armed Forces and certain other sor of amendment No. 2969 intended to War bonds are a cost-effective way to Federal employees, and for other pur- be proposed to H.R. 3590, a bill to reduce our dependence on foreign credi- poses. amend the Internal Revenue Code of tors and create an outlet for Americans AMENDMENT NO. 2943 1986 to modify the first-time home- to express their patriotism and support At the request of Mr. CARPER, the buyers credit in the case of members of for our servicemembers and America’s name of the Senator from New Hamp- the Armed Forces and certain other mission. War bonds allow us to borrow shire (Mrs. SHAHEEN) was added as a co- Federal employees, and for other pur- from ourselves, rather than other coun- sponsor of amendment No. 2943 in- poses. tries. tended to be proposed to H.R. 3590, a AMENDMENT NO. 2991 This legislation finds a precedent in bill to amend the Internal Revenue At the request of Mr. MENENDEZ, the World War II savings bonds. From May Code of 1986 to modify the first-time name of the Senator from New York 1, 1941 through December 1945, the War homebuyers credit in the case of mem- (Mrs. GILLIBRAND) was added as a co- Finance Division and its predecessors bers of the Armed Forces and certain sponsor of amendment No. 2991 in- were responsible for the sale of nearly other Federal employees, and for other tended to be proposed to H.R. 3590, a $186 billion worth of government secu- purposes. bill to amend the Internal Revenue rities. Of this, more than $54 billion AMENDMENT NO. 2944 Code of 1986 to modify the first-time was in the form of War Savings bonds. At the request of Mrs. BOXER, the homebuyers credit in the case of mem- Although the times and economic name of the Senator from Wisconsin bers of the Armed Forces and certain circumstances are different than the (Mr. KOHL) was added as a cosponsor of other Federal employees, and for other 1940s, America’s commitment to pro- amendment No. 2944 intended to be pro- purposes. tecting freedom and our way of life has not waned. My hope is that we can tap posed to H.R. 3590, a bill to amend the AMENDMENT NO. 2993 into the same spirit of patriotism and Internal Revenue Code of 1986 to mod- At the request of Mr. SCHUMER, the create a sense of participation in the ify the first-time homebuyers credit in names of the Senator from Connecticut war effort akin to that shown by the the case of members of the Armed (Mr. DODD), the Senator from Massa- greatest generation. Forces and certain other Federal em- chusetts (Mr. KERRY) and the Senator ployees, and for other purposes. The new military strategy increasing from North Dakota (Mr. CONRAD) were troops by 30,000 for Afghanistan an- AMENDMENT NO. 2957 added as cosponsors of amendment No. nounced last week by President Obama At the request of Mr. BENNET, the 2993 intended to be proposed to H.R. is estimated to cost $30 billion beyond names of the Senator from Illinois (Mr. 3590, a bill to amend the Internal Rev- the baseline for Iraq and Afghanistan DURBIN), the Senator from New Mexico enue Code of 1986 to modify the first- funding, which stands around $130 bil- (Mr. BINGAMAN) and the Senator from time homebuyers credit in the case of lion for 2010. The United States public Michigan (Mr. LEVIN) were added as co- members of the Armed Forces and cer- debt is currently more than $7.6 tril- sponsors of amendment No. 2957 in- tain other Federal employees, and for lion and nearly $3.5 trillion—46 per- tended to be proposed to H.R. 3590, a other purposes. cent—of the debt is held by foreign in- bill to amend the Internal Revenue AMENDMENT NO. 2995 vestors.While there are no simple solu- Code of 1986 to modify the first-time At the request of Mr. SCHUMER, the tions to our fiscal woes, while we en- homebuyers credit in the case of mem- name of the Senator from Pennsyl- deavor to get our fiscal house in order, bers of the Armed Forces and certain vania (Mr. CASEY) was added as a co- we must also be responsible borrowers other Federal employees, and for other sponsor of amendment No. 2995 in- and reduce our dependence on foreign purposes. tended to be proposed to H.R. 3590, a creditors; this is a step in that direc- AMENDMENT NO. 2961 bill to amend the Internal Revenue tion. At the request of Mrs. SHAHEEN, the Code of 1986 to modify the first-time names of the Senator from Alaska (Mr. homebuyers credit in the case of mem- By Mr. WHITEHOUSE (for him- BEGICH) and the Senator from Lou- bers of the Armed Forces and certain self and Mr. SCHUMER): isiana (Mr. VITTER) were added as co- other Federal employees, and for other S. 2847. A bill to regulate the volume sponsors of amendment No. 2961 in- purposes. of audio on commercials; to the Com- tended to be proposed to H.R. 3590, a f mittee on commerce, Science, and bill to amend the Internal Revenue Transportation. Code of 1986 to modify the first-time STATEMENTS ON INTRODUCTED Mr. WHITEHOUSE. Mr. President, I homebuyers credit in the case of mem- BILLS AND JOINT RESOLUTIONS rise today to introduce the Commercial bers of the Armed Forces and certain By Mr. NELSON, of Nebraska: Advertisement Loudness Mitigation other Federal employees, and for other S. 2846. A bill to authorize the Act of 2009—the CALM Act. I want to purposes. issuance of United States War Bonds to thank my original cosponsor Senator AMENDMENT NO. 2962 aid in funding of the operations in Iraq SCHUMER for his support of this At the request of Mr. HATCH, the and Afghanistan; to the Committee on straightforward and commonsense leg- name of the Senator from Texas (Mr. Banking, Housing, and Urban Affairs. islation, which would require the Fed- CORNYN) was added as a cosponsor of Mr. NELSON of Nebraska. Mr. Presi- eral Communications Commission, amendment No. 2962 proposed to H.R. dent, I rise today to introduce legisla- FCC, to limit the volume of television 3590, a bill to amend the Internal Rev- tion to help finance the war effort advertisements to a level no louder enue Code of 1986 to modify the first- without sharp tax increases or in- than the average volume level of the time homebuyers credit in the case of creased foreign borrowing, The United programs during which the advertise- members of the Armed Forces and cer- States War Bonds Act of 2009 will au- ments appear. This time for this Act is tain other Federal employees, and for thorize the Treasury to issue and mar- overdue. All too often over the years, other purposes. ket War Bonds to the American people Americans, sitting down after a long At the request of Mr. ISAKSON, his to help finance the wars in Afghanistan workday or workweek to enjoy their name was added as a cosponsor of and Iraq. favorite television shows, have been as- amendment No. 2962 proposed to H.R. I believe that we need shared sac- saulted by commercials at volumes 3590, supra. rifice and fiscal discipline in financing that are degrees of magnitude louder At the request of Mr. NELSON of Ne- the war effort. I don’t believe our first than the shows themselves. The FCC braska, the name of the Senator from instinct should always be a rush to tax. first received enough complaints from Texas (Mrs. HUTCHISON) was added as a The government has gone to great viewers to look into the problem in the cosponsor of amendment No. 2962 pro- lengths to address the economic down- 1960s—when television was in its ear- posed to H.R. 3590, supra. turn and adding new taxes right now liest stages—but technology did not AMENDMENT NO. 2969 could undermine those efforts. We need exist to fix the problem. Each decade, At the request of Mr. COBURN, the to work to reduce Federal spending as consumer complaints piled up, the name of the Senator from Nebraska wherever possible and reduce the FCC had to reexamine the loudness (Mr. JOHANNS) was added as a cospon- growth in spending to finance the war. issue. Unfortunately, it took no action

VerDate Nov 24 2008 05:44 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.026 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12711 even with the technology improved. Port Act of 2009 is a major step towards treatment of employer-provided edu- The complaints continue to this day; in protecting vital U.S. interests in the cational assistance. These tax policies the 25 quarterly reports on consumer region. The Arctic Deep Water Sea and many others, including those for complaints released by the FCC since Port Act of 2009 directs the Secretary school renovations, repairs and con- 2002, 21 have listed as a top complaint of Defense, in consultation with the struction, have proven their value to the loudness of television commercials. Secretary of Homeland Security, to Iowa students in dollars and cents, But now, with the digital transition conduct a study to determine the feasi- year after year. The tax relief has de- complete and new broadcast tech- bility of establishing a deep water port livered measureable educational assist- nology available, we can finally take in the arctic to protect U.S. strategic ance to Iowans and students and fami- this long-overdue action. We now have interests in the region. As the lead De- lies nationwide, making education a common digital platform used by all partments for National Defense and more affordable and accessible. broadcasters, which presents a terrific Homeland Security initiatives for the One draw-back of enacting these pro- opportunity to standardize the loud- U.S., the Department of Defense and visions in the 2001 tax relief bill, how- ness of the ads broadcast into our liv- the Department of Homeland Security, ever, is that there was a sunset provi- ing rooms. As Consumers Union, the while working alongside their subordi- sion attached to that entire piece of nonprofit organization that publishes nate agencies, are best suited for deter- legislation. All of the tax relief needs Consumers Report has stated, in testi- mining and implementing policy deci- to be made permanent. Especially the mony before the House of Representa- sions that protect U.S. sovereignty and education-related tax provisions. That tives, ‘‘the CALM Act provides an ele- national security. is what my bill today does. My bill gant and commonsense solution to fi- This two-year study is designed to makes these provisions permanent. nally ending a forty-five year consumer determine what strategic capabilities a It is no coincidence that I am intro- complaint in the United States.’’ deep water port could provide as well ducing my education tax bill on the The House has already begun its con- as an optimal location that would pro- day the President of the United States sideration of companion legislation, vide protection for a wide spectrum of talked about jobs. Our economy de- and I applaud the leadership of Rep- U.S. initiatives. While studying the in- mands well-educated workers. The pop- resentative ESHOO on this issue. The frastructure needs for such a port, this ularity of education tax incentives is television industry has been deeply in- study will also endeavor to determine good news for workers who find them- volved in the drafting of this legisla- the resource and timeframe needs to selves unemployed or who want to go tion, and the standards it adopts are establish such a port, given the com- back to school to advance, or even practicable, affordable, and effective. I plex environmental constraints that change, their careers. Congress is will- hope my Senate colleagues will act the arctic marine environment pro- ing to consider permanent tax relief for quickly to pass the CALM Act and fi- vides. Upon completion of this study, companies to buy machinery. Why isn’t nally put an end to this longstanding the U.S. will be better positioned to Congress willing to make an invest- irritation. understand the resource and develop- ment in people? That is what tax relief ment needs for the arctic region that for education is. An investment in our By Ms. MURKOWSKI: are required to protect our interests in future. It is just as important as job- S. 2849. A bill to require a study and the region. creating tax incentives for businesses. report on the feasibility and potential Some will say we can’t afford this, but of establishing a deep water sea port in Mr. GRASSLEY: we really can’t afford to lose billions of the Arctic to protect and advance stra- S. 2851. A bill to make permanent dollars of help for Americans working tegic United States interests within certain education tax incentives, to hard to educate their kids. the evolving and ever more important modify rules relating to college savings Education has made this country region; to the Committee on Armed plans, and for other purposes; to the great. We should not let this oppor- Services. Committee on Finance. tunity pass us by. We should not let Ms. MURKOWSKI. Mr. President, as Mr. GRASSLEY. Mr. President, these education-related tax provisions you are undoubtedly aware, the U.S. is today I am offering legislation to make expire. We should also continue to help an arctic Nation. As such, the U.S. permanent a number of education-re- make education affordable for families must ensure that not only its economic lated tax relief measures. My legisla- and students. This makes education ac- and environmental interests in the re- tion also improves and makes perma- cessible for all. I look forward to work- gion are protected, but also its na- nent helpful provisions for 529 plans ing with my colleagues on passing this tional defense and homeland security and the American Opportunity tax bill. interests. While the U.S. maintains a credit for education. Mr. President, I ask unanimous con- strong working relationship with the 7 At the first hearing I held when I be- sent that the text of the bill be printed other arctic nations—Canada, Den- came Chairman of the Finance Com- in the RECORD. mark, Finland, Iceland, Norway, the mittee in 2001, I made clear that edu- There being no objection, the text of Russian Federation and Sweden—these cation tax policy was a priority of the bill was ordered to be printed in nations also have their own interests mine. As Chairman, I was able to re- the RECORD, as follows: to protect in the arctic region. Despite move the 60-payment limit for deduct- S. 2851 those relationships, the U.S. cannot as- ing student loan interest and I was able Be it enacted by the Senate and House of Rep- sume that these nations will protect to increase the income limits for that resentatives of the United States of America in our interests in the region. The ability deduction. This was not the only time Congress assembled, for the U.S. to project its territorial I fought hard to allow students to de- SECTION 1. AMENDMENT OF 1986 CODE. claims and protect its economic inter- duct their student loan interest. In Except as otherwise expressly provided, ests in the arctic will become increas- 1997, I was able to re-instate the stu- whenever in this Act an amendment or re- ingly important as the arctic shipping dent loan interest deduction that Con- peal is expressed in terms of an amendment lanes become more accessible as the gress had eliminated from our tax laws. to, or repeal of, a section or other provision, However, the 60-payment limit on the the reference shall be considered to be made seasonal arctic ice decreases. With the to a section or other provision of the Inter- high potential for increased and indus- deductibility of student loan interest nal Revenue Code of 1986. trial and commercial activity in the remained. I ensured that the 2001 tax SEC. 2. PERMANENT EXTENSION AND INCREASE arctic region, the U.S. must ensure relief bill took care of that problem. OF AMERICAN OPPORTUNITY TAX that it is prepared to protect human Other incentives for education that I CREDIT. life as well as the vulnerable arctic en- was able to enact into law in 2001 in- (a) PERMANENT EXTENSION OF CREDIT; IN- vironment. cluded raising the amount that can be CREASE OF CREDIT AMOUNT.—Section 25A is With an expected increase in arctic contributed to an education saving ac- amended— (1) by striking ‘‘$1,000’’ each place it ap- activity on the horizon, the U.S. can- count from $500 to $2,000; making dis- pears in subsection (b)(1) and inserting not wait until our interests in the re- tributions from pre-paid college sav- ‘‘$2,000’’, gion are threatened before we act. In ings plans and tuition plans tax-free; (2) by striking ‘‘the applicable limit’’ in that light, the Arctic Deep Water Sea and making permanent the tax-free subsection (b)(1)(B) and inserting ‘‘$4,000’’,

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.053 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12712 CONGRESSIONAL RECORD — SENATE December 8, 2009 (3) by striking paragraph (4) of subsection sections 23, 25D, and 30D) and section 27 for ‘‘(B) the cost-of-living adjustment deter- (b), the taxable year. mined under section 1(f)(3) for such calendar (4) by striking ‘‘2 TAXABLE YEARS’’ in the Any reference in this section or section 24, year by substituting ‘calendar year 2010’ for heading of subparagraph (A) of subsection 25, 25B, 26, 904, or 1400C to a credit allowable ‘calendar year 1992’ in subparagraph (B) (b)(2) and inserting ‘‘4 TAXABLE YEARS’’, under this subsection shall be treated as a thereof. (5) by striking ‘‘2 prior taxable years’’ in reference to so much of the credit allowable If any increase determined under this para- subsection (b)(2)(A) and inserting ‘‘4 prior under subsection (a) as is attributable to the graph is not a multiple of $1,000,000, such in- taxable years’’, Hope Scholarship Credit. crease shall be rounded to the next lowest (6) by striking ‘‘2 YEARS’’ in the heading of ‘‘(5) PORTION OF CREDIT MADE REFUND- multiple of $1,000,000.’’. subparagraph (C) of subsection (b)(2) and in- ABLE.—40 percent of so much of the credit al- (c) CREDITS NOT TO BE STRIPPED.—Section serting ‘‘4 YEARS’’, lowed under subsection (a) as is attributable 54E is amended by adding at the end the fol- (7) by striking ‘‘first 2 years’’ in subsection to the Hope Scholarship Credit (determined lowing new subsection: (b)(2)(C) and inserting ‘‘first 4 years’’, after the application of subsection (d)(1) and ‘‘(e) CREDITS NOT TO BE STRIPPED.—Sub- (8) by striking ‘‘tuition and fees’’ in sub- without regard to this paragraph and section section (i) of section 54A shall not apply with paragraph (A) of subsection (f)(1) and insert- 26(a)(2) or paragraph (4), as the case may be) respect to any qualified zone academy ing ‘‘tuition, fees, and course materials’’, shall be treated as a credit allowable under bond.’’. (9) by striking paragraphs (1) and (2) of subpart C (and not allowed under subsection (d) DAVIS-BACON RULES NOT TO APPLY TO SORSCHOOL CONSTRUCTION BONDS.— subsection (d) and inserting the following (a)). The preceding sentence shall not apply QZAB Section 1601 of the American Recovery and new paragraphs: to any taxpayer for any taxable year if such Reinvestment Act of 2009 is amended by ‘‘(1) HOPE SCHOLARSHIP CREDIT.—The taxpayer is a child to whom subsection (g) of striking paragraphs (3) and (4), by inserting amount which would (but for this paragraph) section 1 applies for such taxable year.’’, and ‘‘and’’ at the end of paragraph (2), and by re- be taken into account under paragraph (1) of (17) by striking subsection (i). designating paragraph (5) as paragraph (3). subsection (a) for the taxable year shall be (b) CONFORMING AMENDMENTS.— (e) EFFECTIVE DATES.— reduced (but not below zero) by the amount (1) Section 24(b)(3)(B) is amended by strik- (1) IN GENERAL.—Except as provided in which bears the same ratio to the amount ing ‘‘25A(i)’’ and inserting ‘‘25A(b)’’. paragraph (2), the amendments made by this which would be so taken into account as— (2) Section 25(e)(1)(C)(ii) is amended by section shall apply to obligations issued ‘‘(A) the excess of— striking ‘‘25A(i)’’ and inserting ‘‘25A(b)’’. after December 31, 2010. ‘‘(i) the taxpayer’s modified adjusted gross (3) Section 26(a)(1) is amended by striking (2) DAVIS-BACON RULES.—The amendments income for such taxable year, over ‘‘25A(i)’’ and inserting ‘‘25A(b)’’. made by subsection (d) shall apply to obliga- ‘‘(ii) $80,000 ($160,000 in the case of a joint (4) Section 25B(g)(2) is amended by striking tions issued after the date of the enactment return), bears to ‘‘25A(i)’’ and inserting ‘‘25A(b)’’. of this Act. ‘‘(B) $10,000 ($20,000 in the case of a joint re- (5) Section 904(i) is amended by striking turn). ‘‘25A(i)’’ and inserting ‘‘25A(b)’’. SEC. 6. PERMANENT EXTENSION OF SCHOOL CONSTRUCTION BONDS. ‘‘(2) LIFETIME LEARNING CREDIT.—The (6) Section 1400C(d)(2) is amended by strik- (a) IN GENERAL.—Subsection (c) of section amount which would (but for this paragraph) ing ‘‘25A(i)’’ and inserting ‘‘25A(b)’’. (7) Section 6211(b)(4)(A) is amended by 54F is amended— be taken into account under paragraph (2) of (1) by striking paragraph (3), subsection (a) for the taxable year shall be striking ‘‘25A by reason of subsection (i)(6) thereof’’ and inserting ‘‘25A by reason of sub- (2) by inserting ‘‘and’’ at the end of para- reduced (but not below zero) by the amount graph (1), and which bears the same ratio to the amount section (b)(5) thereof’’. (c) EFFECTIVE DATE.—The amendments (3) by striking ‘‘for 2010, and’’ in paragraph which would be so taken into account as— (2) and inserting ‘‘thereafter.’’. ‘‘(A) the excess of— made by this section shall apply to taxable (b) ALLOCATIONS FOR INDIAN SCHOOLS.— ‘‘(i) the taxpayer’s modified adjusted gross years beginning after December 31, 2010. (d) APPLICATION OF EGTRRA SUNSET.—The Paragraph (4) of section 54F(d) is amended by income for such taxable year, over amendment made by subsection (b)(1) shall striking ‘‘for calendar year 2010’’ and insert- ‘‘(ii) $40,000 ($80,000 in the case of a joint re- be subject to title IX of the Economic ing ‘‘for each calendar year after 2009’’. turn), bears to Growth and Tax Relief Reconciliation Act of (c) EXTENSION OF SMALL ISSUER EXCEP- ‘‘(B) $10,000 ($20,000 in the case of a joint re- 2001 in the same manner as the provision of TION.— turn).’’, such Act to which such amendment relates. (1) IN GENERAL.—Clause (vii) of section (10) by striking ‘‘DOLLAR LIMITATION ON SEC. 3. PERMANENT EXTENSION OF CERTAIN 148(f)(4)(D) is amended by striking AMOUNT OF CREDIT’’ in the heading of para- ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. graph (1) of subsection (h) and inserting EGTRRA PROVISIONS RELATING TO EDUCATION. (2) ELIMINATION OF EGTRRA SUNSET.—Title ‘‘HOPE SCHOLARSHIP CREDIT’’, (a) IN GENERAL.—Title IX of the Economic IX of the Economic Growth and Tax Relief (11) by striking ‘‘2001’’ in subsection Growth and Tax Relief Reconciliation Act of Reconciliation Act of 2001 shall not apply to (h)(1)(A) and inserting ‘‘2011’’, 2001 shall not apply to the amendments made the amendments made by section 421 of such (12) by striking ‘‘the $1,000 amounts under by sections 401, 402, 411, 412, 413, and 431 of Act. subsection (b)(1)’’ in subsection (h)(1)(A) and such Act. (d) CREDITS NOT TO BE STRIPPED.—Section inserting ‘‘the dollar amounts under sub- (b) CONFORMING AMENDMENT.—Section 222 54F is amended by adding at the end the fol- sections (b)(1) and (d)(1)’’, is amended by striking subsection (e). lowing new subsection: (13) by striking ‘‘calendar year 2000’’ in (c) EFFECTIVE DATE.—The amendment ‘‘(f) CREDITS NOT TO BE STRIPPED.—Sub- subsection (h)(1)(A)(ii) and inserting ‘‘cal- made by subsection (b) shall apply to taxable section (i) of section 54A shall not apply with endar year 2010’’, years beginning after December 31, 2009. respect to any qualified school construction (14) by striking ‘‘If any amount’’ and all SEC. 4. PERMANENT EXTENSION OF DEDUCTION bond.’’. that follows in subparagraph (B) of sub- FOR CERTAIN EXPENSES OF ELE- (e) EFFECTIVE DATE.—The amendments section (h)(1) and inserting ‘‘If any amount MENTARY AND SECONDARY SCHOOL made by this section shall apply to obliga- under subsection (b)(1) as adjusted under TEACHERS. tions issued after December 31, 2010. subparagraph (A) is not a multiple of $100, (a) IN GENERAL.—Subparagraph (D) of sec- SEC. 7. PERMANENT EXTENSION AND MODIFICA- such amount shall be rounded to the next tion 62(a)(2) is amended by striking ‘‘during TION OF SECTION 529 RULES. lowest multiple of $100. If any amount under 2002, 2003, 2004, 2005, 2006, 2007, 2008, or 2009’’ (a) IN GENERAL.—Clause (iii) of section subsection (d)(1) as adjusted under subpara- and inserting ‘‘after 2001’’. 529(e)(3)(A) is amended by striking ‘‘in 2009 graph (A) is not a multiple of $1,000, such (b) EFFECTIVE DATE.—The amendment or 2010’’. amount shall be rounded to the next lowest made by this section shall apply to taxable (b) ABILITY TO CHANGE INVESTMENT OP- multiple of $1,000.’’, years beginning after December 31, 2009. TIONS.—Subsection (e) of section 529 is (15) by inserting ‘‘OF LIFETIME LEARNING SEC. 5. PERMANENT EXTENSION OF QUALIFIED amended by adding at the end the following CREDIT’’ after ‘‘INCOME LIMITS’’ in the head- ZONE ACADEMY BONDS. new paragraph: ing of paragraph (2) of subsection (h), (a) IN GENERAL.—Paragraph (1) of section ‘‘(6) ALLOWABLE CHANGE OF INVESTMENT OP- (16) by adding at the end of subsection (b) 54E(c) is amended by striking ‘‘and, except as TIONS.—A program shall not fail to be treat- the following new paragraphs: provided in paragraph (4), zero thereafter’’ ed as meeting the requirements of subsection ‘‘(4) CREDIT ALLOWED AGAINST ALTERNATIVE and inserting ‘‘and, except as provided in (b)(4) merely because such program allows a MINIMUM TAX.—In the case of a taxable year paragraph (5), $700,000,000 for each calendar designated beneficiary to change investment to which section 26(a)(2) does not apply, so year thereafter’’. options under the plan not more than 4 times much of the credit allowed under subsection (b) INFLATION ADJUSTMENT.—Subsection (c) per year.’’. (a) as is attributable to the Hope Scholarship of section 54E is amended by adding at the (c) EFFECTIVE DATES.— Credit shall not exceed the excess of— end the following new paragraph: (1) EXTENSION.—The amendment made by ‘‘(A) the sum of the regular tax liability ‘‘(5) INFLATION ADJUSTMENT.—In the case of subsection (a) shall apply to taxable years (as defined in section 26(b)) plus the tax im- any calendar year after 2011, the $700,000,000 beginning after December 31, 2010. posed by section 55, over amount in paragraph (1) shall be increased (2) INVESTMENT OPTIONS.—The amendment ‘‘(B) the sum of the credits allowable under by an amount equal to— made by subsection (b) shall apply to taxable this subpart (other than this subsection and ‘‘(A) such amount, multiplied by years beginning after December 31, 2009.

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.028 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12713 SUBMITTED RESOLUTIONS tional organizations focused on autoimmune autoimmune diseases and the contin- diseases, working to consolidate the voices ued need for research towards accurate of patients with autoimmune diseases and to diagnosis, and effective treatments. SENATE RESOLUTION 372—DESIG- promote increased education, awareness, and NATING MARCH 2010 AS ‘‘NA- research into all aspects of autoimmune dis- f TIONAL AUTOIMMUNE DISEASES eases through a collaborative approach; and Whereas designating March 2010 as ‘‘Na- AMENDMENTS SUBMITTED AND AWARENESS MONTH’’ AND SUP- tional Autoimmune Diseases Awareness PROPOSED PORTING EFFORTS TO INCREASE Month’’ would help educate the public about AWARENESS OF AUTOIMMUNE SA 3001. Mrs. HAGAN submitted an amend- autoimmune diseases and the need for re- ment intended to be proposed to amendment DISEASES AND INCREASE FUND- search funding, accurate diagnosis, and ef- SA 2786 proposed by Mr. REID (for himself, fective treatments: Now, therefore, be it ING FOR AUTOIMMUNE DISEASE Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to Resolved, That the Senate— RESEARCH the bill H.R. 3590, to amend the Internal Rev- (1) designates March 2010 as ‘‘National enue Code of 1986 to modify the first-time Mr. LEVIN submitted the following Autoimmune Diseases Awareness Month’’; homebuyers credit in the case of members of resolution; which was referred to the (2) supports the efforts of health care pro- the Armed Forces and certain other Federal Committee on the Judiciary: viders and autoimmune patient advocacy employees, and for other purposes; which S. RES. 372 and education organizations to increase was ordered to lie on the table. awareness of the causes of, and treatments Whereas autoimmune diseases are chronic, SA 3002. Mrs. HAGAN submitted an amend- for, autoimmune diseases; and disabling diseases in which underlying de- ment intended to be proposed to amendment (3) supports the goal of increasing Federal fects in the immune system lead the body to SA 2786 proposed by Mr. REID (for himself, funding for aggressive research to learn the attack its own organs and tissues; Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to root causes of autoimmune diseases, as well Whereas autoimmune diseases can affect the bill H.R. 3590, supra; which was ordered as the best diagnostic methods and treat- any part of the body, including the blood, to lie on the table. ments for people with autoimmune diseases. blood vessels, muscles, nervous system, gas- SA 3003. Mrs. HAGAN submitted an amend- trointestinal tract, endocrine glands, and Mr. LEVIN. Mr. President, this reso- ment intended to be proposed to amendment multiple-organ systems, and can be life- lution designates March 2010 as Na- SA 2786 proposed by Mr. REID (for himself, threatening; tional Autoimmune Diseases Aware- Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to Whereas researchers have identified over 80 ness Month. The purpose of the resolu- the bill H.R. 3590, supra; which was ordered different autoimmune diseases, and suspect tion is to raise awareness of auto- to lie on the table. at least 40 additional diseases of qualifying SA 3004. Mrs. HAGAN (for herself and Mr. as autoimmune diseases; immune diseases and the need for ag- gressive research to learn the root BENNET) submitted an amendment intended Whereas researchers have identified a close to be proposed to amendment SA 2786 pro- genetic relationship and a common pathway causes of autoimmune diseases, as well posed by Mr. REID (for himself, Mr. BAUCUS, of disease that exists among autoimmune as the best diagnostic methods and Mr. DODD, and Mr. HARKIN) to the bill H.R. diseases, explaining the clustering of auto- treatments for people with auto- 3590, supra; which was ordered to lie on the immune diseases in individuals and families; immune diseases. table. Whereas the family of autoimmune dis- Autoimmune diseases are chronic, SA 3005. Ms. LANDRIEU (for herself, Mrs. eases is under-recognized, and poses a major disabling diseases in which underlying SHAHEEN, Ms. SNOWE, and Mr. BAYH) sub- health care challenge to the United States; defects in the immune system lead the mitted an amendment intended to be pro- Whereas the National Institutes of Health posed to amendment SA 2786 proposed by Mr. (NIH) estimates that autoimmune diseases body to attack its own organs and tis- REID (for himself, Mr. BAUCUS, Mr. DODD, and afflict up to 23,500,000 people in the United sues. They can affect any part of the Mr. HARKIN) to the bill H.R. 3590, supra; States, 75 percent of whom are women, and body—blood, blood vessels, muscles, which was ordered to lie on the table. that the prevalence of autoimmune diseases nervous system, gastrointestinal tract, is rising; endocrine glands, and multiple-organ SA 3006. Ms. LANDRIEU (for herself, Mrs. Whereas NIH estimates the annual direct SHAHEEN, Ms. SNOWE, and Mr. BAYH) sub- systems—and can be life-threatening. mitted an amendment intended to be pro- health care costs associated with auto- Researchers have identified over 80 immune diseases at more than posed to amendment SA 2786 proposed by Mr. different autoimmune diseases, includ- REID (for himself, Mr. BAUCUS, Mr. DODD, and $100,000,000,000, with over 250,000 new diag- ing multiple sclerosis, rheumatoid ar- noses each year; Mr. HARKIN) to the bill H.R. 3590, supra; Whereas autoimmune diseases are among thritis, juvenile diabetes, Crohn’s dis- which was ordered to lie on the table. the top 10 leading causes of death in female ease, scleroderma, polymyositis, lupus, SA 3007. Ms. LANDRIEU (for herself, Mrs. children and adult women; Sjogren’s disease and Graves’ disease, SHAHEEN, Ms. SNOWE, and Mr. BAYH) sub- Whereas autoimmune diseases most often and suspect at least 40 additional dis- mitted an amendment intended to be pro- affect children and young adults, leading to eases of having an autoimmune basis. posed to amendment SA 2786 proposed by Mr. a lifetime of disability; The National Institutes of Health esti- REID (for himself, Mr. BAUCUS, Mr. DODD, and Whereas diagnostic tests for most auto- mates that autoimmune diseases af- Mr. HARKIN) to the bill H.R. 3590, supra; immune diseases are not standardized, mak- which was ordered to lie on the table. flict more than 23 million people in the SA 3008. Ms. LANDRIEU (for herself, Ms. ing autoimmune diseases very difficult to di- U.S. Seventy-five percent of the people agnose; SNOWE, and Mrs. SHAHEEN) submitted an Whereas because autoimmune diseases are affected with autoimmune diseases are amendment intended to be proposed to difficult to diagnose, treatment is often de- women, and the prevalence of auto- amendment SA 2786 proposed by Mr. REID layed, resulting in irreparable organ damage immune diseases is rising. However, (for himself, Mr. BAUCUS, Mr. DODD, and Mr. and unnecessary suffering; the family of autoimmune diseases is HARKIN) to the bill H.R. 3590, supra; which Whereas the Institute of Medicine of the underrecognized, and this poses a was ordered to lie on the table. National Academies reported that the United major health care challenge to the U.S. SA 3009. Ms. LANDRIEU (for herself, Mrs. States is behind other countries in research Diagnostic tests for autoimmune dis- SHAHEEN, Ms. SNOWE, and Mr. DURBIN) sub- into immune system self-recognition, the eases are not standardized, which mitted an amendment intended to be pro- posed to amendment SA 2786 proposed by Mr. cause of autoimmune diseases; makes autoimmune diseases very dif- REID (for himself, Mr. BAUCUS, Mr. DODD, and Whereas a study by the American Auto- ficult to diagnose. Because auto- immune Related Diseases Association re- Mr. HARKIN) to the bill H.R. 3590, supra; vealed that it takes the average patient with immune diseases are difficult to diag- which was ordered to lie on the table. an autoimmune disease more than 4 years, nose, treatment is often delayed, re- SA 3010. Ms. LANDRIEU (for herself, Mrs. and costs more than $50,000, to get a correct sulting in irreparable organ damage SHAHEEN, Ms. SNOWE, Mr. DURBIN, and Mr. diagnosis; and unnecessary suffering. BAYH) submitted an amendment intended to Whereas there is a significant need for There is a significant need for more be proposed to amendment SA 2786 proposed more collaboration and cross-fertilization of collaboration and cross-fertilization of by Mr. REID (for himself, Mr. BAUCUS, Mr. basic autoimmune research; basic autoimmune research, with a par- DODD, and Mr. HARKIN) to the bill H.R. 3590, Whereas there is a significant need for re- ticular focus on the etiology of all supra; which was ordered to lie on the table. search focusing on the etiology of all auto- autoimmune-related diseases in order SA 3011. Ms. LANDRIEU (for herself, Mrs. immune-related diseases, in order to in- SHAHEEN, Mrs. LINCOLN, Ms. SNOWE, Mr. to increase understanding of the root crease understanding of the root causes of WARNER, and Mr. BAYH) submitted an these diseases rather treating the symptoms causes of these diseases rather than amendment intended to be proposed to after the disease has already had its destruc- treating the symptoms after the dis- amendment SA 2786 proposed by Mr. REID tive effect; ease has had its destructive effect. (for himself, Mr. BAUCUS, Mr. DODD, and Mr. Whereas the National Coalition of Auto- It is my hope that this resolution HARKIN) to the bill H.R. 3590, supra; which immune Patient Groups is a coalition of na- will help educate the public about was ordered to lie on the table.

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.031 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12714 CONGRESSIONAL RECORD — SENATE December 8, 2009

SA 3012. Ms. LANDRIEU (for herself, Mrs. SA 2786 proposed by Mr. REID (for himself, HARKIN) to the bill H.R. 3590, supra; which SHAHEEN, Ms. STABENOW, and Mr. BAYH) sub- Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to was ordered to lie on the table. mitted an amendment intended to be pro- the bill H.R. 3590, supra; which was ordered SA 3041. Mr. ROCKEFELLER submitted an posed to amendment SA 2786 proposed by Mr. to lie on the table. amendment intended to be proposed to REID (for himself, Mr. BAUCUS, Mr. DODD, and SA 3027. Mr. ENSIGN submitted an amend- amendment SA 2786 proposed by Mr. REID Mr. HARKIN) to the bill H.R. 3590, supra; ment intended to be proposed to amendment (for himself, Mr. BAUCUS, Mr. DODD, and Mr. which was ordered to lie on the table. SA 2786 proposed by Mr. REID (for himself, HARKIN) to the bill H.R. 3590, supra; which SA 3013. Ms. LANDRIEU (for herself, Mrs. Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to was ordered to lie on the table. SHAHEEN, Ms. STABENOW, and Mr. BAYH) sub- the bill H.R. 3590, supra; which was ordered SA 3042. Mr. ROCKEFELLER submitted an mitted an amendment intended to be pro- to lie on the table. amendment intended to be proposed to posed to amendment SA 2786 proposed by Mr. SA 3028. Mr. ENSIGN submitted an amend- amendment SA 2786 proposed by Mr. REID REID (for himself, Mr. BAUCUS, Mr. DODD, and ment intended to be proposed by him to the (for himself, Mr. BAUCUS, Mr. DODD, and Mr. Mr. HARKIN) to the bill H.R. 3590, supra; bill H.R. 3590, supra; which was ordered to lie HARKIN) to the bill H.R. 3590, supra; which which was ordered to lie on the table. on the table. was ordered to lie on the table. SA 3014. Ms. LANDRIEU (for herself, Mrs. SA 3029. Mr. THUNE submitted an amend- SA 3043. Mr. ROCKEFELLER submitted an SHAHEEN, Ms. STABENOW, and Mr. BAYH) sub- ment intended to be proposed to amendment amendment intended to be proposed to mitted an amendment intended to be pro- SA 2786 proposed by Mr. REID (for himself, amendment SA 2786 proposed by Mr. REID posed to amendment SA 2786 proposed by Mr. Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to (for himself, Mr. BAUCUS, Mr. DODD, and Mr. REID (for himself, Mr. BAUCUS, Mr. DODD, and the bill H.R. 3590, supra; which was ordered HARKIN) to the bill H.R. 3590, supra; which Mr. HARKIN) to the bill H.R. 3590, supra; to lie on the table. was ordered to lie on the table. which was ordered to lie on the table. SA 3030. Mrs. FEINSTEIN (for herself, Mr. SA 3044. Mr. ROCKEFELLER submitted an SA 3015. Mr. ENSIGN submitted an amend- ROCKEFELLER, and Mr. WHITEHOUSE) sub- amendment intended to be proposed by him ment intended to be proposed to amendment mitted an amendment intended to be pro- to the bill H.R. 3590, supra; which was or- SA 2786 proposed by Mr. REID (for himself, posed to amendment SA 2786 proposed by Mr. dered to lie on the table. SA 3045. Mr. KERRY (for himself, Mr. Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to REID (for himself, Mr. BAUCUS, Mr. DODD, and KIRK, Mr. SCHUMER, Mrs. GILLIBRAND, Mr. the bill H.R. 3590, supra; which was ordered Mr. HARKIN) to the bill H.R. 3590, supra; LEAHY, Mr. SANDERS, Mr. CARPER, and Mr. to lie on the table. which was ordered to lie on the table. KAUFMAN) submitted an amendment in- SA 3016. Mr. ENSIGN submitted an amend- SA 3031. Mr. WHITEHOUSE (for himself ment intended to be proposed to amendment tended to be proposed to amendment SA 2786 and Mr. CASEY) submitted an amendment in- proposed by Mr. REID (for himself, Mr. BAU- SA 2786 proposed by Mr. REID (for himself, tended to be proposed to amendment SA 2786 Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to CUS, Mr. DODD, and Mr. HARKIN) to the bill proposed by Mr. REID (for himself, Mr. BAU- the bill H.R. 3590, supra; which was ordered H.R. 3590, supra; which was ordered to lie on CUS, Mr. DODD, and Mr. HARKIN) to the bill to lie on the table. the table. H.R. 3590, supra; which was ordered to lie on SA 3017. Mr. ENSIGN submitted an amend- SA 3046. Mr. KERRY (for himself, Ms. the table. ment intended to be proposed to amendment STABENOW, Ms. COLLINS, Ms. SNOWE, Mr. SA 3032. Mrs. BOXER submitted an amend- SA 2786 proposed by Mr. REID (for himself, WYDEN, Mrs. LINCOLN, Mr. JOHNSON, Mr. ment intended to be proposed to amendment Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to SPECTER, and Mrs. GILLIBRAND) submitted an SA 2786 proposed by Mr. REID (for himself, the bill H.R. 3590, supra; which was ordered amendment intended to be proposed to Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to to lie on the table. amendment SA 2786 proposed by Mr. REID the bill H.R. 3590, supra; which was ordered SA 3018. Mr. ENSIGN submitted an amend- (for himself, Mr. BAUCUS, Mr. DODD, and Mr. to lie on the table. ment intended to be proposed to amendment HARKIN) to the bill H.R. 3590, supra; which SA 3033. Mr. CASEY (for himself and Mr. SA 2786 proposed by Mr. REID (for himself, was ordered to lie on the table. SPECTER) submitted an amendment intended Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to SA 3047. Mr. KERRY (for himself, Mr. to be proposed to amendment SA 2786 pro- the bill H.R. 3590, supra; which was ordered WYDEN, Mr. WHITEHOUSE, and Mr. REED) sub- posed by Mr. REID (for himself, Mr. BAUCUS, to lie on the table. mitted an amendment intended to be pro- SA 3019. Mr. ENSIGN submitted an amend- Mr. DODD, and Mr. HARKIN) to the bill H.R. posed to amendment SA 2786 proposed by Mr. ment intended to be proposed to amendment 3590, supra; which was ordered to lie on the REID (for himself, Mr. BAUCUS, Mr. DODD, and SA 2786 proposed by Mr. REID (for himself, table. Mr. HARKIN) to the bill H.R. 3590, supra; SA 3034. Mr. TESTER submitted an amend- Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to which was ordered to lie on the table. the bill H.R. 3590, supra; which was ordered ment intended to be proposed to amendment SA 3048. Mr. BARRASSO submitted an to lie on the table. SA 2786 proposed by Mr. REID (for himself, amendment intended to be proposed to SA 3020. Mr. ENSIGN submitted an amend- Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to amendment SA 2786 proposed by Mr. REID ment intended to be proposed to amendment the bill H.R. 3590, supra; which was ordered (for himself, Mr. BAUCUS, Mr. DODD, and Mr. SA 2786 proposed by Mr. REID (for himself, to lie on the table. HARKIN) to the bill H.R. 3590, supra; which Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to SA 3035. Mr. ENSIGN submitted an amend- was ordered to lie on the table. the bill H.R. 3590, supra; which was ordered ment intended to be proposed to amendment SA 3049. Mr. BARRASSO submitted an to lie on the table. SA 2786 proposed by Mr. REID (for himself, amendment intended to be proposed to SA 3021. Mr. ENSIGN submitted an amend- Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to amendment SA 2786 proposed by Mr. REID ment intended to be proposed to amendment the bill H.R. 3590, supra; which was ordered (for himself, Mr. BAUCUS, Mr. DODD, and Mr. SA 2786 proposed by Mr. REID (for himself, to lie on the table. HARKIN) to the bill H.R. 3590, supra; which Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to SA 3036. Mr. ENSIGN submitted an amend- was ordered to lie on the table. the bill H.R. 3590, supra; which was ordered ment intended to be proposed to amendment SA 3050. Mr. BARRASSO submitted an to lie on the table. SA 2786 proposed by Mr. REID (for himself, amendment intended to be proposed to SA 3022. Mr. ENSIGN submitted an amend- Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to amendment SA 2786 proposed by Mr. REID ment intended to be proposed to amendment the bill H.R. 3590, supra; which was ordered (for himself, Mr. BAUCUS, Mr. DODD, and Mr. SA 2786 proposed by Mr. REID (for himself, to lie on the table. HARKIN) to the bill H.R. 3590, supra; which Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to SA 3037. Mr. JOHNSON (for himself, Mr. was ordered to lie on the table. the bill H.R. 3590, supra; which was ordered FRANKEN, Mr. BURRIS, and Mr. WARNER) sub- SA 3051. Mr. BARRASSO submitted an to lie on the table. mitted an amendment intended to be pro- amendment intended to be proposed to SA 3023. Mr. ENSIGN submitted an amend- posed to amendment SA 2786 proposed by Mr. amendment SA 2786 proposed by Mr. REID ment intended to be proposed to amendment REID (for himself, Mr. BAUCUS, Mr. DODD, and (for himself, Mr. BAUCUS, Mr. DODD, and Mr. SA 2786 proposed by Mr. REID (for himself, Mr. HARKIN) to the bill H.R. 3590, supra; HARKIN) to the bill H.R. 3590, supra; which Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to which was ordered to lie on the table. was ordered to lie on the table. the bill H.R. 3590, supra; which was ordered SA 3038. Mr. ROCKEFELLER submitted an SA 3052. Mr. BARRASSO submitted an to lie on the table. amendment intended to be proposed to amendment intended to be proposed to SA 3024. Mr. ENSIGN submitted an amend- amendment SA 2786 proposed by Mr. REID amendment SA 2786 proposed by Mr. REID ment intended to be proposed to amendment (for himself, Mr. BAUCUS, Mr. DODD, and Mr. (for himself, Mr. BAUCUS, Mr. DODD, and Mr. SA 2786 proposed by Mr. REID (for himself, HARKIN) to the bill H.R. 3590, supra; which HARKIN) to the bill H.R. 3590, supra; which Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to was ordered to lie on the table. was ordered to lie on the table. the bill H.R. 3590, supra; which was ordered SA 3039. Mr. ROCKEFELLER submitted an SA 3053. Mr. INHOFE submitted an amend- to lie on the table. amendment intended to be proposed to ment intended to be proposed to amendment SA 3025. Mr. ENSIGN submitted an amend- amendment SA 2786 proposed by Mr. REID SA 2786 proposed by Mr. REID (for himself, ment intended to be proposed to amendment (for himself, Mr. BAUCUS, Mr. DODD, and Mr. Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to SA 2786 proposed by Mr. REID (for himself, HARKIN) to the bill H.R. 3590, supra; which the bill H.R. 3590, supra; which was ordered Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to was ordered to lie on the table. to lie on the table. the bill H.R. 3590, supra; which was ordered SA 3040. Mr. ROCKEFELLER submitted an SA 3054. Mr. ROBERTS (for himself and to lie on the table. amendment intended to be proposed to Mr. KYL) submitted an amendment intended SA 3026. Mr. ENSIGN submitted an amend- amendment SA 2786 proposed by Mr. REID to be proposed to amendment SA 2786 pro- ment intended to be proposed to amendment (for himself, Mr. BAUCUS, Mr. DODD, and Mr. posed by Mr. REID (for himself, Mr. BAUCUS,

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.047 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12715

Mr. DODD, and Mr. HARKIN) to the bill H.R. to be proposed to amendment SA 2786 pro- (1) by redesignating subparagraphs (C), (D), 3590, supra; which was ordered to lie on the posed by Mr. REID (for himself, Mr. BAUCUS, and (E) as subparagraphs (E), (F), and (G), re- table. Mr. DODD, and Mr. HARKIN) to the bill H.R. spectively; and SA 3055. Mr. ENSIGN submitted an amend- 3590, supra; which was ordered to lie on the (2) by inserting after subparagraph (B) the ment intended to be proposed to amendment table. following new subparagraphs: SA 2786 proposed by Mr. REID (for himself, SA 3069. Mr. KOHL submitted an amend- ‘‘(C) REQUIRED INTERVENTIONS.—For plan Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to ment intended to be proposed by him to the years beginning on or after the date that is the bill H.R. 3590, supra; which was ordered bill H.R. 3590, supra; which was ordered to lie 2 years after the date of the enactment of to lie on the table. on the table. the Patient Protection and Affordable Care SA 3056. Mr. ENSIGN submitted an amend- SA 3070. Mrs. HAGAN submitted an amend- Act, prescription drug plan sponsors shall ment intended to be proposed to amendment ment intended to be proposed to amendment offer medication therapy management serv- SA 2786 proposed by Mr. REID (for himself, SA 2786 proposed by Mr. REID (for himself, ices to targeted beneficiaries described in Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to subparagraph (A)(ii) that include, at a min- the bill H.R. 3590, supra; which was ordered the bill H.R. 3590, supra; which was ordered imum, the following to increase adherence to to lie on the table. to lie on the table. prescription medications or other goals SA 3057. Mr. ENSIGN submitted an amend- SA 3071. Mrs. HAGAN submitted an amend- deemed necessary by the Secretary: ment intended to be proposed to amendment ment intended to be proposed to amendment ‘‘(i) An annual comprehensive medication SA 2786 proposed by Mr. REID (for himself, SA 2786 proposed by Mr. REID (for himself, review furnished person-to-person or using Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to telehealth technologies (as defined by the the bill H.R. 3590, supra; which was ordered the bill H.R. 3590, supra; which was ordered Secretary) by a licensed pharmacist or other to lie on the table. to lie on the table. qualified provider. The comprehensive medi- SA 3058. Mr. ENSIGN submitted an amend- SA 3072. Mrs. HAGAN submitted an amend- cation review— ment intended to be proposed to amendment ment intended to be proposed to amendment ‘‘(I) shall include a review of the individ- SA 2786 proposed by Mr. REID (for himself, SA 2786 proposed by Mr. REID (for himself, ual’s medications and may result in the cre- Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to ation of a recommended medication action the bill H.R. 3590, supra; which was ordered the bill H.R. 3590, supra; which was ordered plan or other actions in consultation with to lie on the table. to lie on the table. the individual and with input from the pre- SA 3059. Mr. ENSIGN submitted an amend- SA 3073. Mrs. FEINSTEIN submitted an scriber to the extent necessary and prac- ment intended to be proposed to amendment amendment intended to be proposed by her ticable; and SA 2786 proposed by Mr. REID (for himself, to the bill H.R. 3590, supra; which was or- ‘‘(II) shall include providing the individual Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to dered to lie on the table. with a written or printed summary of the re- the bill H.R. 3590, supra; which was ordered SA 3074. Mrs. FEINSTEIN submitted an sults of the review. to lie on the table. amendment intended to be proposed to The Secretary, in consultation with relevant SA 3060. Mr. ENSIGN submitted an amend- amendment SA 2786 proposed by Mr. REID stakeholders, shall develop a standardized ment intended to be proposed to amendment (for himself, Mr. BAUCUS, Mr. DODD, and Mr. format for the action plan under subclause SA 2786 proposed by Mr. REID (for himself, HARKIN) to the bill H.R. 3590, supra; which (I) and the summary under subclause (II). Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to was ordered to lie on the table. ‘‘(ii) Follow-up interventions as warranted the bill H.R. 3590, supra; which was ordered SA 3075. Mr. DURBIN submitted an amend- based on the findings of the annual medica- to lie on the table. ment intended to be proposed to amendment tion review or the targeted medication en- SA 3061. Mr. ENSIGN submitted an amend- SA 2786 proposed by Mr. REID (for himself, rollment and which may be provided person- ment intended to be proposed to amendment Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to to-person or using telehealth technologies SA 2786 proposed by Mr. REID (for himself, the bill H.R. 3590, supra; which was ordered (as defined by the Secretary). Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to to lie on the table. ‘‘(D) ASSESSMENT.—The prescription drug the bill H.R. 3590, supra; which was ordered SA 3076. Mr. DURBIN (for himself and Mr. plan sponsor shall have in place a process to to lie on the table. SANDERS) submitted an amendment intended assess, at least on a quarterly basis, the SA 3062. Mr. ENSIGN submitted an amend- to be proposed to amendment SA 2786 pro- medication use of individuals who are at risk ment intended to be proposed to amendment posed by Mr. REID (for himself, Mr. BAUCUS, but not enrolled in the medication therapy SA 2786 proposed by Mr. REID (for himself, Mr. DODD, and Mr. HARKIN) to the bill H.R. management program, including individuals Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to 3590, supra; which was ordered to lie on the who have experienced a transition in care, if the bill H.R. 3590, supra; which was ordered table. the prescription drug plan sponsor has access to lie on the table. SA 3077. Mr. DURBIN submitted an amend- to that information. SA 3063. Mr. AKAKA (for himself and Mr. ment intended to be proposed to amendment ‘‘(E) AUTOMATIC ENROLLMENT WITH ABILITY INOUYE) submitted an amendment intended SA 2786 proposed by Mr. REID (for himself, TO OPT-OUT.—The prescription drug plan to be proposed to amendment SA 2786 pro- Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to sponsor shall have in place a process to— posed by Mr. REID (for himself, Mr. BAUCUS, the bill H.R. 3590, supra; which was ordered ‘‘(i) subject to clause (ii), automatically Mr. DODD, and Mr. HARKIN) to the bill H.R. to lie on the table. enroll targeted beneficiaries described in 3590, supra; which was ordered to lie on the SA 3078. Ms. KLOBUCHAR (for herself and subparagraph (A)(ii), including beneficiaries table. Ms. SNOWE) submitted an amendment in- identified under subparagraph (D), in the SA 3064. Mr. CASEY submitted an amend- tended to be proposed to amendment SA 2786 medication therapy management program ment intended to be proposed to amendment proposed by Mr. REID (for himself, Mr. BAU- required under this subsection; and SA 2786 proposed by Mr. REID (for himself, CUS, Mr. DODD, and Mr. HARKIN) to the bill ‘‘(ii) permit such beneficiaries to opt-out of Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to H.R. 3590, supra; which was ordered to lie on enrollment in such program.’’. the bill H.R. 3590, supra; which was ordered the table. (b) RULE OF CONSTRUCTION.—Nothing in to lie on the table. f this section shall limit the authority of the SA 3065. Mr. CARDIN (for himself and Mr. Secretary of Health and Human Services to BROWN) submitted an amendment intended TEXT OF AMENDMENTS modify or broaden requirements for a medi- to be proposed to amendment SA 2786 pro- SA 3001. Mrs. HAGAN submitted an cation therapy management program under posed by Mr. REID (for himself, Mr. BAUCUS, amendment intended to be proposed to part D of title XVIII of the Social Security Mr. DODD, and Mr. HARKIN) to the bill H.R. Act or to study new models for medication 3590, supra; which was ordered to lie on the amendment SA 2786 proposed by Mr. therapy management through the Center for table. REID (for himself, Mr. BAUCUS, Mr. SA 3066. Mrs. BOXER submitted an amend- DODD, and Mr. HARKIN) to the bill H.R. Medicare and Medicaid Innovation under sec- ment intended to be proposed to amendment 3590, to amend the Internal Revenue tion 1115A of such Act, as added by section 3021. SA 2786 proposed by Mr. REID (for himself, Code of 1986 to modify the first-time Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to homebuyers credit in the case of mem- SA 3002. Mrs. HAGAN submitted an the bill H.R. 3590, supra; which was ordered bers of the Armed Forces and certain to lie on the table. amendment intended to be proposed to SA 3067. Mr. PRYOR (for himself, Mrs. other Federal employees, and for other amendment SA 2786 proposed by Mr. BOXER, and Mr. ROCKEFELLER) submitted an purposes; which was ordered to lie on REID (for himself, Mr. BAUCUS, Mr. amendment intended to be proposed to the table; as follows: DODD, and Mr. HARKIN) to the bill H.R. amendment SA 2786 proposed by Mr. REID On page 974, between lines 9 and 10, insert 3590, to amend the Internal Revenue (for himself, Mr. BAUCUS, Mr. DODD, and Mr. the following: Code of 1986 to modify the first-time HARKIN) to the bill H.R. 3590, supra; which SEC. 3316. IMPROVEMENT IN PART D MEDICA- homebuyers credit in the case of mem- was ordered to lie on the table. TION THERAPY MANAGEMENT (MTM) SA 3068. Mr. KYL (for himself, Mr. ROB- PROGRAMS. bers of the Armed Forces and certain ERTS, Mr. VITTER, Mr. GRASSLEY, Mr. CRAPO, (a) IN GENERAL.—Section 1860D–4(c)(2) of other Federal employees, and for other Mr. COBURN, Mr. BARRASSO, and Mr. the Social Security Act (42 U.S.C. 1395w– purposes; which was ordered to lie on JOHANNS) submitted an amendment intended 104(c)(2)) is amended— the table; as follows:

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.049 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12716 CONGRESSIONAL RECORD — SENATE December 8, 2009 On page 1722, after line 24, insert the fol- the small business community, who have ex- and appropriate associations and councils, lowing: perience with diabetes or in administering conduct a study of the impact of diabetes on ‘‘(C) USE OF TECHNOLOGY.—The Secretary and operating employee wellness and disease the practice of medicine in the United States shall incorporate the use of technologies, in- management programs. and the appropriateness of the level of diabe- cluding analytics and predictive modeling, (b) DUTIES.—The advisory group estab- tes medical education that should be re- as part of the analysis process for the pur- lished under subsection (a) shall examine quired prior to licensure, board certification, pose of identifying fraud, abuse, or improper and make recommendations of best practices and board recertification. payments prior to the payment of claims. of employee wellness and disease manage- (b) REPORT.—Not later than 2 years after Such analysis technologies shall at a min- ment programs in order to— the date of the enactment of this Act, the imum— (1) provide public and private sector enti- Secretary shall submit a report on the study ‘‘(i) have the capability to detect emerging ties with improved information in assessing under subsection (a) to the Committees on fraud schemes through the use of automated the role of employee wellness and disease Ways and Means and Energy and Commerce predictive modeling techniques; and management programs in saving money and of the House of Representatives and the ‘‘(ii) improve the efficiency and effective- improving quality of life for patients with Committees on Finance and Health, Edu- ness of current fraud and abuse detection chronic illnesses; and cation, Labor, and Pensions of the Senate. methods by incorporating predictive risk (2) encourage the adoption of effective em- SEC. ll7. AUTHORIZATION OF APPROPRIA- scoring techniques that minimize investiga- ployee wellness and disease management TIONS. tions that result in false positive out- programs. There are authorized to be appropriated to comes.’’. (c) REPORT.—Not later than 1 year after carry out this subtitle such sums as may be the date of the enactment of this Act, the necessary. SA 3003. Mrs. HAGAN submitted an advisory group established under subsection amendment intended to be proposed to (a) shall submit to the Secretary the results SA 3004. Mrs. HAGAN (for herself and amendment SA 2786 proposed by Mr. of the examination under subsection (b)(1). Mr. BENNET) submitted an amendment ll intended to be proposed to amendment REID (for himself, Mr. BAUCUS, Mr. SEC. 4. NATIONAL DIABETES REPORT CARD. (a) IN GENERAL.—The Secretary, in col- SA 2786 proposed by Mr. REID (for him- DODD, and Mr. HARKIN) to the bill H.R. laboration with the Director of the Centers self, Mr. BAUCUS, Mr. DODD, and Mr. 3590, to amend the Internal Revenue for Disease Control and Prevention (referred Code of 1986 to modify the first-time HARKIN) to the bill H.R. 3590, to amend to in this section as the ‘‘Director’’), shall the Internal Revenue Code of 1986 to homebuyers credit in the case of mem- prepare on a biennial basis a national diabe- modify the first-time homebuyers cred- bers of the Armed Forces and certain tes report card (referred to in this section as it in the case of members of the Armed other Federal employees, and for other a ‘‘Report Card’’) and, to the extent possible, Forces and certain other Federal em- purposes; which was ordered to lie on for each State. (b) CONTENTS.— ployees, and for other purposes; which the table; as follows: (1) IN GENERAL.—Each Report Card shall in- was ordered to lie on the table; as fol- At the end of title III, insert the following: clude aggregate health outcomes related to lows: Subtitle ll—Better Diabetes Care individuals diagnosed with diabetes and On page 32, after line 24, add the following: SEC. ll1. SHORT TITLE. prediabetes including— ‘‘(d) CLEAR TRANSPARENCY OF HEALTH CARE This subtitle may be cited as the ‘‘Catalyst (A) preventative care practices and quality CHARGES.— to Better Diabetes Care Act of 2009’’. of care; ‘‘(1) PUBLIC DISCLOSURE OF REIMBURSEMENT SEC. ll2. DIABETES SCREENING COLLABORA- (B) risk factors; and AMOUNTS.—A health insurance issuer offering TION AND OUTREACH PROGRAM. (C) outcomes. group or individual health insurance cov- (a) ESTABLISHMENT.—With respect to diabe- (2) UPDATED REPORTS.—Each Report Card erage shall report at least once a year to the tes screening tests and for the purposes of re- that is prepared after the initial Report Card Secretary the current allowable reimburse- ducing the number of undiagnosed seniors shall include trend analysis for the Nation ment that the issuer will provide for all cov- with diabetes or prediabetes, the Secretary and, to the extent possible, for each State, ered benefits and services (other than pre- of Health and Human Services (referred to in for the purpose of— scription medications dispensed through a li- this subtitle as the ‘‘Secretary’’), in collabo- (A) tracking progress in meeting estab- censed pharmacy), including— ration with the Director of the Centers for lished national goals and objectives for im- ‘‘(A) with respect to services provided by Disease Control and Prevention (referred to proving diabetes care, costs, and prevalence in-network providers where payment is made in this section as the ‘‘Director’’), shall— (including Healthy People 2010); and in part or in full on a fee for service basis, (1) review uptake and utilization of diabe- (B) informing policy and program develop- the current allowed charge for specific serv- tes screening benefits to identify and address ment. ices using currently accepted procedure cod- any existing problems with regard to utiliza- (c) AVAILABILITY.—The Secretary, in col- ing associated with each provider; and tion and data collection mechanisms; laboration with the Director, shall make ‘‘(B) the expected reasonable and allowed (2) establish an outreach program to iden- each Report Card publicly available, includ- charges made for services by out-of-network tify existing efforts by agencies and by the ing by posting the Report Card on the Inter- providers and the amount the issuer would private and nonprofit sectors to increase net. reimburse for such charges. awareness among seniors and providers of di- SEC. ll5. IMPROVEMENT OF VITAL STATISTICS ‘‘(2) ACCESSIBILITY.—Information sub- abetes screening benefits; and COLLECTION. mitted to the Secretary under paragraph (1) (a) IN GENERAL.—The Secretary, acting (3) maximize cost effectiveness in increas- shall be maintained by the Secretary in a through the Director of the Centers for Dis- ing utilization of diabetes screening benefits. manner that ensures that such information ease Control and Prevention and in collabo- (b) CONSULTATION.—In carrying out this is readily accessible by the public. section, the Secretary and the Director shall ration with appropriate agencies and States, ‘‘(3) REGULATIONS.—Not later than one shall— consult with— year after the date of enactment of the Pa- (1) promote the education and training of (1) various units of the Federal Govern- tient Protection and Affordable Care Act, physicians on the importance of birth and ment, including the Centers for Medicare & the Secretary shall promulgate regulations death certificate data and how to properly Medicaid Services, the Surgeon General of to implement the requirements of this sub- complete these documents, including the col- the Public Health Service, the Agency for section.’’. Healthcare Research and Quality, the Health lection of such data for diabetes and other Resources and Services Administration, and chronic diseases; SA 3005. Ms. LANDRIEU (for herself, (2) encourage State adoption of the latest the National Institutes of Health; and Mrs. SHAHEEN, and Ms. SNOWE) sub- (2) entities with an interest in diabetes, in- standard revisions of birth and death certifi- mitted an amendment intended to be cluding industry, voluntary health organiza- cates; and tions, trade associations, and professional (3) work with States to re-engineer their proposed to amendment SA 2786 pro- societies. vital statistics systems in order to provide posed by Mr. REID (for himself, Mr. SEC. ll3. ADVISORY GROUP REGARDING EM- cost-effective, timely, and accurate vital BAUCUS, Mr. DODD, and Mr. HARKIN) to PLOYEE WELLNESS AND DISEASE systems data. the bill H.R. 3590, to amend the Inter- MANAGEMENT BEST PRACTICES. (b) DEATH CERTIFICATE ADDITIONAL LAN- nal Revenue Code of 1986 to modify the (a) ESTABLISHMENT.—The Secretary shall GUAGE.—In carrying out this section, the first-time homebuyers credit in the establish an advisory group consisting of Secretary may promote improvements to the case of members of the Armed Forces representatives of the public and private sec- collection of diabetes mortality data, includ- and certain other Federal employees, tor. The advisory group shall include— ing the addition of a question for the indi- (1) representatives of the Department of vidual certifying the cause of death regard- and for other purposes; which was or- Health and Human Services; ing whether the deceased had diabetes. dered to lie on the table; as follows: (2) representatives of the Department of SEC. ll6. STUDY ON APPROPRIATE LEVEL OF On page 150, line 5, strike ‘‘small business Commerce; and DIABETES MEDICAL EDUCATION. development centers’’ and insert ‘‘resource (3) members of the public, representatives (a) IN GENERAL.—The Secretary shall, in partners of the Small Business Administra- of the private sector, and representatives of collaboration with the Institute of Medicine tion’’.

VerDate Nov 24 2008 05:44 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.051 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12717 SA 3006. Ms. LANDRIEU (for herself, and certain other Federal employees, mitted an amendment intended to be Mrs. SHAHEEN, and Ms. SNOWE) sub- and for other purposes; which was or- proposed to amendment SA 2786 pro- mitted an amendment intended to be dered to lie on the table; as follows: posed by Mr. REID (for himself, Mr. proposed to amendment SA 2786 pro- On page 54, between lines 16 and 17, insert BAUCUS, Mr. DODD, and Mr. HARKIN) to posed by Mr. REID (for himself, Mr. the following: the bill H.R. 3590, to amend the Inter- BAUCUS, Mr. DODD, and Mr. HARKIN) to (f) ALLOCATION OF FUNDING FOR SMALL nal Revenue Code of 1986 to modify the the bill H.R. 3590, to amend the Inter- BUSINESSES.—Of the amount appropriated first-time homebuyers credit in the under subsection (e), a reasonable amount, nal Revenue Code of 1986 to modify the as determined by the Secretary, shall be case of members of the Armed Forces first-time homebuyers credit in the used to provide reimbursement to partici- and certain other Federal employees, case of members of the Armed Forces pating employment-based plans of small em- and for other purposes; which was or- and certain other Federal employees, ployers with 50 or fewer employees. dered to lie on the table; as follows: and for other purposes; which was or- On page 2074, after line 25, add the fol- dered to lie on the table; as follows: SA 3013. Ms. LANDRIEU (for herself, lowing: Mrs. SHAHEEN, and Ms. SNOWE) sub- On page 1280, between lines 18 and 19, insert SEC. 9024. EXTENSION OF SMALL BUSINESS TAX CREDIT TO 5 YEARS. the following: mitted an amendment intended to be (a) IN GENERAL.—Section 45R(e)(2) of the (VIII) small business concerns (as defined proposed to amendment SA 2786 pro- Internal Revenue Code of 1986, as added by under section 3 of the Small Business Act (15 posed by Mr. REID (for himself, Mr. section 1421(a), is amended by striking ‘‘2- U.S.C. 632)) and self-employed individuals; BAUCUS, Mr. DODD, and Mr. HARKIN) to consecutive-taxable year’’ and inserting ‘‘5- and the bill H.R. 3590, to amend the Inter- consecutive-taxable year’’. nal Revenue Code of 1986 to modify the (b) CONFORMING AMENDMENT.—Section SA 3007. Ms. LANDRIEU (for herself, first-time homebuyers credit in the 45R(i)) of the Internal Revenue Code of 1986, Mrs. SHAHEEN, and Ms. SNOWE) sub- case of members of the Armed Forces as so added, is amended by striking ‘‘2-year’’ mitted an amendment intended to be and certain other Federal employees, and inserting ‘‘5-year’’. proposed to amendment SA 2786 pro- and for other purposes; which was or- (c) EFFECTIVE DATE.—The amendments posed by Mr. REID (for himself, Mr. made by this section shall take effect as if dered to lie on the table; as follows: included in the enactment of section 1421. BAUCUS, Mr. DODD, and Mr. HARKIN) to Beginning on page 55, line 4, strike the bill H.R. 3590, to amend the Inter- ‘‘website,’’ and all that follows through line SA 3013. Ms. LANDRIEU (for herself, nal Revenue Code of 1986 to modify the 5 on page 56 and insert the following: Mrs. SHAHEEN, and Ms. STABENOW) sub- first-time homebuyers credit in the ‘‘website, through which a resident of, or mitted an amendment intended to be case of members of the Armed Forces small business in, any State may identify af- proposed to amendment SA 2786 pro- fordable health insurance coverage options and certain other Federal employees, posed by Mr. REID (for himself, Mr. in that State. and for other purposes; which was or- BAUCUS, Mr. DODD, and Mr. HARKIN) to dered to lie on the table; as follows: (2) CONNECTING TO AFFORDABLE COVERAGE.— An Internet website established under para- the bill H.R. 3590, to amend the Inter- On page 163, between lines 21 and 22, insert graph (1) shall, to the extent practicable, nal Revenue Code of 1986 to modify the the following: provide ways for residents of, and small busi- first-time homebuyers credit in the (4) a survey of the cost and affordability of nesses in, any State to receive information case of members of the Armed Forces health care insurance provided under the Ex- on at least the following coverage options: and certain other Federal employees, changes for owners and employees of small (A) Health insurance coverage offered by business concerns (as defined under section 3 and for other purposes; which was or- health insurance issuers, other than cov- dered to lie on the table; as follows: of the Small Business Act (15 U.S.C. 632)), in- erage that provides reimbursement only for cluding data on enrollees in Exchanges and the treatment or mitigation of— On page 274, after line 25, add the fol- lowing: individuals purchasing health insurance cov- (i) a single disease or condition; or erage outside of Exchanges; and (ii) an unreasonably limited set of diseases SEC. 90ll. PARTIAL DEDUCTION FOR HEALTH INSURANCE COSTS IN COMPUTING or conditions (as determined by the Sec- SA 3008. Ms. LANDRIEU (for herself, SELF-EMPLOYMENT TAXES. retary). (a) IN GENERAL.—Paragraph (4) of section Ms. SNOWE, and Mrs. SHAHEEN) sub- (B) Medicaid coverage under title XIX of mitted an amendment intended to be 162(l) of the Internal Revenue Code of 1986 is the Social Security Act. amended to read as follows: proposed to amendment SA 2786 pro- (C) Coverage under title XXI of the Social ‘‘(4) REDUCED DEDUCTION FOR SELF-EMPLOY- posed by Mr. REID (for himself, Mr. Security Act. MENT TAX PURPOSES.—In determining an in- BAUCUS, Mr. DODD, and Mr. HARKIN) to (D) A State health benefits high risk pool, dividual’s net earnings from self-employ- the bill H.R. 3590, to amend the Inter- to the extent that such high risk pool is of- ment (within the meaning of section 1402(a)) nal Revenue Code of 1986 to modify the fered in such State; and for purposes of chapter 2, the deduction al- (E) Coverage under a high risk pool under first-time homebuyers credit in the lowable by reason of this subsection shall be section 1101. reduced by an amount equal to 50 percent of case of members of the Armed Forces (F) Coverage within the small group mar- and certain other Federal employees, the amount which would otherwise be allow- ket for small businesses and their employees, able (determined without regard to this and for other purposes; which was or- including reinsurance for early retirees paragraph).’’. dered to lie on the table; as follows: under section 1102, tax credits available (b) EFFECTIVE DATE.—The amendments On page 2074, after line 25, add the fol- under section 45R of the Internal Revenue made by this section shall apply to taxable lowing: Code of 1986 (as added by section 1421), and years beginning after the date of the enact- SEC. 9024. SMALL BUSINESS PROCUREMENT. other information specifically for small busi- ment of this Act. Part 19 of the Federal Acquisition Regula- nesses regarding affordable health care op- tion, section 15 of the Small Business Act (15 tions.’’. SA 3014. Ms. LANDRIEU (for herself, Mrs. SHAHEEN, and Ms. STABENOW) sub- U.S.C. 644), and any other applicable laws or SA 3011. Ms. LANDRIEU (for herself, regulations establishing procurement re- mitted an amendment intended to be quirements relating to small business con- Mrs. SHAHEEN, and Mrs. LINCOLN) sub- proposed to amendment SA 2786 pro- cerns (as defined in section 3 of the Small mitted an amendment intended to be posed by Mr. REID (for himself, Mr. Business Act (15 U.S.C. 632)) may not be proposed to amendment SA 2786 pro- BAUCUS, Mr. DODD, and Mr. HARKIN) to waived with respect to any contract awarded posed by Mr. REID (for himself, Mr. the bill H.R. 3590, to amend the Inter- under any program or other authority under BAUCUS, Mr. DODD, and Mr. HARKIN) to nal Revenue Code of 1986 to modify the this Act or an amendment made by this Act. the bill H.R. 3590, to amend the Inter- first-time homebuyers credit in the nal Revenue Code of 1986 to modify the SA 3009. Ms. LANDRIEU (for herself, case of members of the Armed Forces first-time homebuyers credit in the and certain other Federal employees, Mrs. SHAHEEN, and Ms. SNOWE) sub- case of members of the Armed Forces mitted an amendment intended to be and for other purposes; which was or- and certain other Federal employees, dered to lie on the table; as follows: proposed to amendment SA 2786 pro- and for other purposes; which was or- posed by Mr. REID (for himself, Mr. On page 2074, after line 25, add the fol- dered to lie on the table; as follows: lowing: BAUCUS, Mr. DODD, and Mr. HARKIN) to Beginning on page 349, line 16, strike all SEC. 9024. EXTENSION OF SMALL BUSINESS TAX the bill H.R. 3590, to amend the Inter- through page 350, line 14. CREDIT TO 2010. nal Revenue Code of 1986 to modify the (a) IN GENERAL.—Subsections (d)(3)(B)(i) first-time homebuyers credit in the SA 3012. Ms. LANDRIEU (for herself, and (g) of section 45R of the Internal Rev- case of members of the Armed Forces Mrs. SHAHEEN, and Ms. STABENOW) sub- enue Code of 1986, as added by section 1421(a),

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.036 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12718 CONGRESSIONAL RECORD — SENATE December 8, 2009 is amended by striking ‘‘2011’’ each place it amendment made by that Act, any taxpayer SEC. ll. APPOINTMENT OF HEALTH CARE appears and inserting ‘‘2010, 2011’’. who— CZARS. (b) CONFORMING AMENDMENTS.— ‘‘(I) is a citizen or national of the United Notwithstanding any other provision of (1) Section 280C(h) of the Internal Revenue States; and this Act, any individual appointed by the Code of 1986, as added by section 1421(d)(1), is ‘‘(II) has a household income which is not President as a czar to handle health care amended by striking ‘‘2011’’ and inserting greater than 133 percent of an amount equal issues shall be subject to Senate confirma- ‘‘2010, 2011’’. to the poverty line for a family of the size in- tion. (2) Section 1421(f) is amended by striking volved, ‘‘2010’’ both places it appears and inserting may elect to enroll in a qualified health plan SA 3019. Mr. ENSIGN submitted an ‘‘2009’’. through the Exchange established by the amendment intended to be proposed to (c) EFFECTIVE DATE.—The amendments State under section 1311 of the Patient Pro- amendment SA 2786 proposed by Mr. made by this section shall take effect as if tection and Affordable Care Act instead of REID (for himself, Mr. BAUCUS, Mr. included in the enactment of section 1421. enrolling in the State Medicaid plan under DODD, and Mr. HARKIN) to the bill H.R. title XIX of the Social Security, or under a SA 3015. Mr. ENSIGN submitted an 3590, to amend the Internal Revenue waiver of such plan. Code of 1986 to modify the first-time amendment intended to be proposed to ‘‘(ii) SPECIAL RULES.— amendment SA 2786 proposed by Mr. ‘‘(I) An individual making an election homebuyers credit in the case of mem- REID (for himself, Mr. BAUCUS, Mr. under clause (i) shall waive being provided bers of the Armed Forces and certain DODD, and Mr. HARKIN) to the bill H.R. with medical assistance under the State other Federal employees, and for other 3590, to amend the Internal Revenue Medicaid plan under title XIX of the Social purposes; which was ordered to lie on Code of 1986 to modify the first-time Security, or under a waiver of such plan the table; as follows: while enrolled in a qualified health plan. On page 100, line 16, insert ‘‘ or meets the homebuyers credit in the case of mem- ‘‘(II) In the case of an individual who is a bers of the Armed Forces and certain requirements for a high deductible health child, the child’s parent or legal guardian plan under section 223(c)(2) of the Internal other Federal employees, and for other may make such an election on behalf of the purposes; which was ordered to lie on Revenue Code of 1986’’ after ‘‘section child. 1302(a)’’. the table; as follows: ‘‘(III) Any individual making such an elec- At the appropriate place, insert the fol- tion, or on whose behalf such an election is SA 3020. Mr. ENSIGN submitted an lowing: made, shall be treated as an applicable tax- amendment intended to be proposed to payer with a household income which is SEC. ll. PROTECTION OF ACCESS TO QUALITY amendment SA 2786 proposed by Mr. HEALTH CARE THROUGH THE DE- equal to 100 percent of the poverty line for a PARTMENT OF VETERANS AFFAIRS family of the size involved. REID (for himself, Mr. BAUCUS, Mr. AND THE DEPARTMENT OF DE- DODD, and Mr. HARKIN) to the bill H.R. FENSE. SA 3017. Mr. ENSIGN submitted an 3590, to amend the Internal Revenue (a) HEALTH CARE THROUGH DEPARTMENT OF amendment intended to be proposed to Code of 1986 to modify the first-time VETERANS AFFAIRS.—Nothing in this Act amendment SA 2786 proposed by Mr. homebuyers credit in the case of mem- shall be construed to prohibit, limit, or oth- REID (for himself, Mr. BAUCUS, Mr. erwise penalize veterans and dependents eli- bers of the Armed Forces and certain DODD, and Mr. HARKIN) to the bill H.R. other Federal employees, and for other gible for health care through the Depart- 3590, to amend the Internal Revenue ment of Veterans Affairs under the laws ad- purposes; which was ordered to lie on ministered by the Secretary of Veterans Af- Code of 1986 to modify the first-time the table; as follows: fairs from receiving timely access to quality homebuyers credit in the case of mem- At the appropriate place, insert the fol- health care in any facility of the Department bers of the Armed Forces and certain lowing: or from any non-Department health care other Federal employees, and for other SEC. ll. EQUIVALENT BANKRUPTCY PROTEC- provider through which the Secretary pro- purposes; which was ordered to lie on TIONS FOR HEALTH SAVINGS AC- vides health care. the table; as follows: COUNTS AS RETIREMENT FUNDS. (b) HEALTH CARE THROUGH DEPARTMENT OF At the end of part I of subtitle C of title I, (a) IN GENERAL.—Section 522 of title 11, DEFENSE.— insert the following: United States Code, is amended by adding at N GENERAL (1) I .—Nothing in this Act shall SEC. 1202. APPLICATION OF WELLNESS PRO- the end the following new subsection: be construed to prohibit, limit, or otherwise GRAMS PROVISIONS TO CARRIERS ‘‘(r) TREATMENT OF HEALTH SAVINGS AC- penalize eligible beneficiaries from receiving PROVIDING FEDERAL EMPLOYEE COUNTS.—For purposes of this section, any timely access to quality health care in any HEALTH BENEFITS PLANS. health savings account (as described in sec- military medical treatment facility or under (a) IN GENERAL.—Notwithstanding section tion 223 of the Internal Revenue Code of 1986) the TRICARE program. 8906 of title 5, United States Code (including shall be treated in the same manner as an in- (2) DEFINITIONS.—In this subsection: subsections (b)(1) and (b)(2) of such section), dividual retirement account described in sec- (A) The term ‘‘eligible beneficiaries’’ section 2705(j) of the Public Health Service tion 408 of such Code.’’. means covered beneficiaries (as defined in Act (as added by section 1201) (relating to (b) EFFECTIVE DATE.—The amendment section 1072(5) of title 10, United States Code) wellness programs) shall apply to carriers made by this section shall apply to cases for purposes of eligibility for mental and entering into contracts under section 8902 of commencing under title 11, United States dental care under chapter 55 of title 10, title 5, United States Code. Code, after the date of the enactment of this United States Code. (b) PROPOSALS.—Carriers may submit sepa- Act. (B) The term ‘‘TRICARE program’’ has the rate proposals relating to voluntary wellness meaning given that term in section 1072(7) of program offerings as part of the annual call SA 3021. Mr. ENSIGN submitted an title 10, United States Code. for benefit and rate proposals to the Office of Personnel Management. amendment intended to be proposed to amendment SA 2786 proposed by Mr. SA 3016. Mr. ENSIGN submitted an (c) EFFECTIVE DATE.—This subsection shall take effect on the date of enactment of this REID (for himself, Mr. BAUCUS, Mr. amendment intended to be proposed to Act and shall apply to contracts entered into amendment SA 2786 proposed by Mr. DODD, and Mr. HARKIN) to the bill H.R. under section 8902 of title 5, United States 3590, to amend the Internal Revenue REID (for himself, Mr. BAUCUS, Mr. Code, that take effect with respect to cal- Code of 1986 to modify the first-time DODD, and Mr. HARKIN) to the bill H.R. endar years that begin more than 1 year 3590, to amend the Internal Revenue after that date. homebuyers credit in the case of mem- Code of 1986 to modify the first-time bers of the Armed Forces and certain Mr. ENSIGN submitted an homebuyers credit in the case of mem- SA 3018. other Federal employees, and for other amendment intended to be proposed to bers of the Armed Forces and certain purposes; which was ordered to lie on amendment SA 2786 proposed by Mr. other Federal employees, and for other the table; as follows: REID (for himself, Mr. BAUCUS, Mr. purposes; which was ordered to lie on On page 816, after line 20, insert the fol- DODD, and Mr. HARKIN) to the bill H.R. the table; as follows: lowing: 3590, to amend the Internal Revenue SEC. 3115. ENSURING THAT AN INDIVIDUAL WHO On page 246, between lines 7 and 8, insert Code of 1986 to modify the first-time ELECTS TO OPT-OUT OF MEDICARE the following: homebuyers credit in the case of mem- PART A BENEFITS IS NOT ALSO RE- ‘‘(C) SPECIAL RULES TO ENSURE CITIZENS AND bers of the Armed Forces and certain QUIRED TO OPT-OUT OF SOCIAL SE- NATIONALS OF THE UNITED STATES HAVE THE CURITY BENEFITS. SAME HEALTH CARE CHOICES AS LEGAL IMMI- other Federal employees, and for other Notwithstanding any other provision of GRANTS.— purposes; which was ordered to lie on law, in the case of an individual who elects ‘‘(i) IN GENERAL.—Notwithstanding any the table; as follows: to opt-out of benefits under part A of title other provision of this Code, the Patient At the appropriate place, insert the fol- XVIII of the Social Security Act, such indi- Protection and Affordable Care Act, or any lowing: vidual shall not be required to opt-out of

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.042 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12719 benefits under title II of such Act as a condi- Social Security Act may not be counted as at least 1 percent in the total amount of ex- tion for making such election. an offset to any outlays under any other pro- penditures by the State for providing med- gram or activity of the Federal Govern- ical assistance to all individuals enrolled SA 3022. Mr. ENSIGN submitted an ment.’’. under the State plan, when compared to the amendment intended to be proposed to total amount of such expenditures for the amendment SA 2786 proposed by Mr. SA 3025. Mr. ENSIGN submitted an most recently ended State fiscal year. REID (for himself, Mr. BAUCUS, Mr. amendment intended to be proposed to SA 3028. Mr. ENSIGN submitted an DODD, and Mr. HARKIN) to the bill H.R. amendment SA 2786 proposed by Mr. 3590, to amend the Internal Revenue REID (for himself, Mr. BAUCUS, Mr. amendment intended to be proposed by Code of 1986 to modify the first-time DODD, and Mr. HARKIN) to the bill H.R. him to the bill H.R. 3590, to amend the homebuyers credit in the case of mem- 3590, to amend the Internal Revenue Internal Revenue Code of 1986 to mod- bers of the Armed Forces and certain Code of 1986 to modify the first-time ify the first-time homebuyers credit in other Federal employees, and for other homebuyers credit in the case of mem- the case of members of the Armed purposes; which was ordered to lie on bers of the Armed Forces and certain Forces and certain other Federal em- the table; as follows: other Federal employees, and for other ployees, and for other purposes; which was ordered to lie on the table; as fol- On page 923, between lines 7 and 8, insert purposes; which was ordered to lie on the following: the table; as follows: lows: SEC. ll. LIMITATION ON IMPLEMENTATION. On page 1050, between lines 9 and 10, insert At the appropriate place, insert the fol- Notwithstanding any other provision of the following: lowing: law, the Secretary of Health and Human ‘‘(n) REDUCTIONS IN MEDICARE PROGRAM SEC. ll. STUDY AND REPORT ON MEDICARE Services (in this section referred to as the SPENDING NOT COUNTED TOWARDS THE PAY- COVERAGE FOR MEDICAL EQUIP- MENT USED IN THE TREATMENT OF AS-YOU-GO SCORECARD.—Any reductions in ‘‘Secretary’’) shall not implement the CIRCULATORY DISEASES. amendments made by and the provisions of Medicare program spending enacted pursu- (a) STUDY.—The Secretary of Health and ant to this section shall not count towards this part for any year unless the Secretary Human Services shall conduct a study on the the pay-as-you-go scorecard under section certifies with respect to such year that such feasibility and advisability of providing for 201(a)(6) of S. Con. Res. 21 (110th Congress).’’. amendments and provisions will not result in reimbursement under the Medicare program any individual who would otherwise be en- Mr. ENSIGN submitted an under title XVIII of the Social Security Act rolled in a Medicare Advantage plan under SA 3026. for gradient pumps and compression stock- part C of title XVIII of the Social Security amendment intended to be proposed to ings that are used in the treatment of indi- Act being forced away from or losing their amendment SA 2786 proposed by Mr. viduals with lymphedema, chronic venous in- enrollment in such plan, as such enrollment REID (for himself, Mr. BAUCUS, Mr. sufficiency, and other circulatory diseases. was in effect on the day before the date of DODD, and Mr. HARKIN) to the bill H.R. Such study shall include an analysis of the enactment of this Act. 3590, to amend the Internal Revenue following: Mr. ENSIGN submitted an Code of 1986 to modify the first-time (1) The types of gradient pumps and com- SA 3023. pression stockings that are currently avail- amendment intended to be proposed to homebuyers credit in the case of mem- bers of the Armed Forces and certain able on the market. amendment SA 2786 proposed by Mr. (2) The clinical appropriateness of pro- REID (for himself, Mr. BAUCUS, Mr. other Federal employees, and for other viding gradient pumps and compression DODD, and Mr. HARKIN) to the bill H.R. purposes; which was ordered to lie on stockings for Medicare beneficiaries who 3590, to amend the Internal Revenue the table; as follows: have been diagnosed with lymphedema, Code of 1986 to modify the first-time On page 2044, between lines 7 and 8, insert chronic venous insufficiency, and other cir- homebuyers credit in the case of mem- the following: culatory diseases. bers of the Armed Forces and certain (d) ADDITIONAL HOSPITAL INSURANCE TAX (3) The financial impact on the Medicare SOLELY DEDICATED TO MEDICARE.—It is the program (including a description of any re- other Federal employees, and for other policy of Congress that the additional hos- sulting costs or savings) if reimbursement purposes; which was ordered to lie on pital insurance taxes resulting from the were to be provided for gradient pumps and the table; as follows: amendments made by this section shall, as is compression stockings that are used in the On page 1053, between lines 2 and 3, insert the case regarding such taxes under the So- treatment of lymphedema, chronic venous the following: cial Security Act as in effect on the date of insufficiency, and other circulatory diseases. SEC. 3404. ENSURING MEDICARE SAVINGS ARE the enactment of this Act, be deposited into (b) REPORT.—Not later than 1 year after KEPT IN THE MEDICARE PROGRAM. the Federal Hospital Insurance Trust Fund the date of enactment of this Act, the Sec- No reduction in outlays under the Medi- and under the terms of that Trust Fund used retary of Health and Human Services shall care program under title XVIII of the Social only for purposes of funding the medicare submit a report to Congress on the study Security Act under the provisions of and program under part A of title XVIII of the conducted under subsection (a), together amendments made by this Act may be uti- Social Security Act. with recommendations for such legislation lized to offset any outlays under any other and administrative action as the Secretary program or activity of the Federal govern- SA 3027. Mr. ENSIGN submitted an determines appropriate. ment. amendment intended to be proposed to amendment SA 2786 proposed by Mr. SA 3029. Mr. THUNE submitted an SA 3024. Mr. ENSIGN submitted an REID (for himself, Mr. BAUCUS, Mr. amendment intended to be proposed to amendment intended to be proposed to DODD, and Mr. HARKIN) to the bill H.R. amendment SA 2786 proposed by Mr. amendment SA 2786 proposed by Mr. 3590, to amend the Internal Revenue REID (for himself, Mr. BAUCUS, Mr. REID (for himself, Mr. BAUCUS, Mr. Code of 1986 to modify the first-time DODD, and Mr. HARKIN) to the bill H.R. DODD, and Mr. HARKIN) to the bill H.R. homebuyers credit in the case of mem- 3590, to amend the Internal Revenue 3590, to amend the Internal Revenue bers of the Armed Forces and certain Code of 1986 to modify the first-time Code of 1986 to modify the first-time other Federal employees, and for other homebuyers credit in the case of mem- homebuyers credit in the case of mem- purposes; which was ordered to lie on bers of the Armed Forces and certain bers of the Armed Forces and certain the table; as follows: other Federal employees, and for other purposes; which was ordered to lie on other Federal employees, and for other On page 436, between lines 14 and 15, insert purposes; which was ordered to lie on the following: the table; as follows: the table; as follows: SEC. 2008. STATE OPTION TO OPT-OUT OF MED- On page 356, between lines 19 and 20, insert At the appropriate place, insert the fol- ICAID COVERAGE EXPANSION TO the following: lowing: AVOID ASSUMING UNFUNDED FED- ‘‘(f) LIMITATION.—A full-time employee ERAL MANDATE. SEC. ll. PROHIBITION ON USING MEDICARE shall not be taken into account for purposes SAVINGS TO OFFSET PROGRAMS UN- Notwithstanding any other provision of of calculating the amount of any assessable RELATED TO MEDICARE. this Act (or an amendment made by this payment imposed under subsections (a), (b), Title III of the Congressional Budget Act Act), the Governor of a State shall have the or (c) if such employee performs the major- of 1974 (2 U.S.C. 621 et seq.) is amended by authority to opt out of any provision under ity of services in a State— adding at the end the following: this Act or any amendment made by this Act ‘‘(1) the unemployment rate of which ex- ‘‘SEC. 316. PROHIBITION ON USING MEDICARE that requires the State to expand coverage ceeds 6 percent, and SAVINGS TO OFFSET PROGRAMS UN- under the Medicaid program if the State ‘‘(2) the Governor of which has certified RELATED TO MEDICARE. agency responsible for administering the that the assessable penalties imposed under ‘‘For purposes of this title and title IV, a State plan under title XIX certifies that this section have contributed to such unem- reduction in outlays under title XVIII of the such expansion would result in an increase of ployment rate.’’.

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.055 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12720 CONGRESSIONAL RECORD — SENATE December 8, 2009 SA 3030. Mrs. FEINSTEIN (for her- other appropriate body, will provide to the described in subparagraph (B) shall make self, Mr. ROCKEFELLER, and Mr. Secretary and the Authority a report on— recommendations to State Exchanges about WHITEHOUSE) submitted an amendment ‘‘(i) State authority to review rates in each whether particular health insurance issuers intended to be proposed to amendment insurance market, and methodologies used in should be excluded from participation in the such reviews; Exchange based on a pattern of excessive SA 2786 proposed by Mr. REID (for him- ‘‘(ii) rating requests received by the State premium increases, low medical loss ratios, self, Mr. BAUCUS, Mr. DODD, and Mr. in the previous 12 months and subsequent ac- or market conduct. HARKIN) to the bill H.R. 3590, to amend tions taken by States to approve, deny, or ‘‘(B) REVIEWING OFFICIAL.—Either the Sec- the Internal Revenue Code of 1986 to modify such requests; and retary or the relevant State insurance com- modify the first-time homebuyers cred- ‘‘(iii) justifications by insurance issuers for missioner or commissioners, based on the de- it in the case of members of the Armed rate requests. termination in paragraph (4)(C), shall make Forces and certain other Federal em- ‘‘(C) DETERMINATION OF WHO CONDUCTS RE- the recommendations described in subpara- ployees, and for other purposes; which VIEWS FOR EACH STATE.—Using the report graph (A). was ordered to lie on the table; as fol- submitted pursuant to subparagraph (B), the On page 144, line 12, strike ‘‘may’’ and in- Secretary shall determine not later than 1 sert ‘‘shall’’. lows: year after the date of enactment of the Pa- On page 37, strike line 10 through line 14 tient Protection and Affordable Care Act— SA 3031. Mr. WHITEHOUSE (for him- and insert the following: ‘‘(i) for which States the State insurance self and Mr. CASEY) submitted an ‘‘(1) IN GENERAL.— commissioner shall undertake the actions ‘‘(A) ESTABLISHMENT.—The Secretary, in amendment intended to be proposed to described in subparagraph (A)— conjunction with States, shall establish a amendment SA 2786 proposed by Mr. ‘‘(I) based on the Secretary’s determina- uniform process for the annual review, begin- REID (for himself, Mr. BAUCUS, Mr. tion that the State has sufficient authority ning with the 2010 plan year and subject to DODD, and Mr. HARKIN) to the bill H.R. and capability to deny rates, modify rates, subsection (b)(2)(A), of unreasonable in- provide rebates, or take other corrective ac- 3590, to amend the Internal Revenue creases in premiums for health insurance tions; and Code of 1986 to modify the first-time coverage. ‘‘(II) as a condition of receiving a grant homebuyers credit in the case of mem- ‘‘(B) ELECTRONIC REPORTING.—The process under subsection (c)(1); and bers of the Armed Forces and certain established under subparagraph (A) shall in- ‘‘(ii) for which States the Secretary shall clude an electronic reporting system estab- other Federal employees, and for other undertake the actions described in subpara- lished by the Secretary through which purposes; which was ordered to lie on graph (A), based on the Secretary’s deter- health insurance issuers shall report to the the table; as follows: mination that such States lacks the author- Secretary and State insurance commis- On page 1507, after line 19, insert the fol- ity and capability described in clause (i). sioners the information requested by the lowing: ‘‘(D) TRANSITION PERIOD.—Until the Sec- Secretary pursuant to this subsection. SEC. 5510. SUPPORT OF GRADUATE MEDICAL retary makes the determinations described EDUCATION PROGRAMS IN WOMEN’S On page 37, between lines 24 and 25, insert in subparagraph (C), the relevant State in- the following: HOSPITALS. surance commissioner shall, as a condition Subpart IX of part D of title III of the Pub- ‘‘(3) HEALTH INSURANCE RATE AUTHORITY.— of receiving a grant under subsection (c)(1), lic Health Service Act (42 U.S.C. 256e et seq.) ‘‘(A) IN GENERAL.—The Secretary shall es- carry out the action described in subpara- is amended— tablish a Health Insurance Rate Authority graph (A). (1) in the subpart heading, by adding ‘‘ (referred to in this paragraph as the ‘Author- and ‘‘(E) SUNSET.—Beginning on the date on ’’ at the end; and ity’) to be composed of 7 members to be ap- Women’s Hospitals which subsection (b)(2)(A) applies, the re- (2) by adding at the end the following: pointed by the Secretary, of which— quirements of this paragraph shall no longer ‘‘(i) at least 2 members shall be a consumer ‘‘SEC. 340E-1. SUPPORT OF GRADUATE MEDICAL have force or effect. EDUCATION PROGRAMS IN WOMEN’S advocate with expertise in the insurance in- ‘‘(5) PRIORITIZING PROPOSED PREMIUM IN- HOSPITALS. dustry; CREASES FOR REVIEW.—In determining which ‘‘(a) PAYMENTS.—The Secretary shall make ‘‘(ii) at least 1 member shall be an indi- proposed premium increases to review under two payments under this section to each vidual who is a medical professional; this subsection, the Secretary or the rel- women’s hospital for each of fiscal years 2010 ‘‘(iii) at least 1 member shall be a rep- evant State insurance commissioner may through 2014, one for the direct expenses and resentative of health insurance issuers; and prioritize— the other for indirect expenses associated ‘‘(iv) such remaining members shall be in- ‘‘(A) rate increases which exceed market with operating approved graduate medical dividuals who are recognized for their exper- averages; residency training programs. The Secretary tise in health finance and economics, actu- ‘‘(B) rate increases that will impact large shall promulgate regulations pursuant to the arial science, health facility management, numbers of consumers; and rulemaking requirements of title 5, United health plans and integrated delivery sys- ‘‘(C) rate reviews requested from States, if States Code, which shall govern payments tems, reimbursement of health facilities, and applicable. made under this subpart. other related fields, who provide broad geo- ‘‘(6) ANNUAL REPORT.— ‘‘(b) AMOUNT OF PAYMENTS.— graphic representation and a balance be- ‘‘(A) UNIFORM DATA COLLECTION SYSTEM.— ‘‘(1) IN GENERAL.—Subject to paragraphs (2) tween urban and rural members. The Secretary, in consultation with the As- and (3), the amounts payable under this sec- ‘‘(B) ROLE.—In addition to the other duties sociation and the Authority, shall develop a tion to a women’s hospital for an approved of the Authority set forth in this subsection, uniform data collection system for rate in- graduate medical residency training pro- the Authority shall advise and make rec- formation, which shall include information gram for a fiscal year shall be each of the ommendations to the Secretary concerning on rates, medical loss ratios, consumer com- following: the Secretary’s duties under this subsection. plaints, solvency, reserves, and any other ‘‘(A) DIRECT EXPENSE AMOUNT.—The ‘‘(4) CORRECTIVE ACTION FOR UNJUSTIFIED relevant factors of market conduct. amount determined in accordance with sub- RATE INCREASES.— ‘‘(B) PREPARATION OF ANNUAL REPORT.— section (c) for direct expenses associated ‘‘(A) IN GENERAL.—Pursuant to the proce- Using the data obtained in accordance with with operating approved graduate medical dures set forth in this paragraph, the Sec- subparagraph (A), the Authority shall annu- residency training programs for a fiscal year. retary or the relevant State insurance com- ally produce a single, aggregate report on in- ‘‘(B) INDIRECT EXPENSE AMOUNT.—The missioner shall— surance market behavior, which includes— amount determined in accordance with sub- ‘‘(i) review potentially unreasonable rate ‘‘(i) State-by-State information on rate in- section (c) for indirect expenses associated increases and determine whether such in- creases from one year to the next, including with the treatment of more severely ill pa- creases are justified; and by issuer and by market and including med- tients and the additional costs relating to ‘‘(ii) take action to ensure that any rate ical trends, benefit changes, and relevant de- teaching residents in such programs for a fis- increase found to be unjustified under clause mographic changes; and cal year. (i) is corrected, through mechanisms includ- ‘‘(ii) a national growth rate percentage for ‘‘(2) CAPPED AMOUNT.— ing— every issuer, which shall be based on aggre- ‘‘(A) IN GENERAL.—The total of the pay- ‘‘(I) denial of the rate increase; gated data of such issuer from premiums sold ments made to women’s hospitals under ‘‘(II) modification of the rate increase; in the each market. paragraph (1) in a fiscal year shall not exceed ‘‘(III) ordering rebates to consumers; or ‘‘(C) DISTRIBUTION.—The Authority shall the funds appropriated under subsection (e) ‘‘(IV) any other actions that correct for share the annual report described in subpara- for such payments for that fiscal year. the unjustified increase. graph (B) with States, and include such re- ‘‘(B) PRO RATA REDUCTIONS OF PAYMENTS.— ‘‘(B) REQUIRED REPORT.—The Secretary port in the information disclosed to the pub- If the Secretary determines that the amount shall ensure that, not later than 6 months lic. of funds appropriated under subsection (e) after the date of enactment of the Patient ‘‘(7) RECOMMENDATION ON EXCHANGE PAR- for a fiscal year is insufficient to provide the Protection and Affordable Care Act, the Na- TICIPATION.— total amount of payments otherwise due for tional Association of Insurance Commis- ‘‘(A) IN GENERAL.—Based on the informa- such periods under paragraph (1), the Sec- sioners (referred to in this section as the ‘As- tion provided pursuant to this subsection retary shall reduce the amounts so payable sociation’), in conjunction with States, or and other relevant information, the official on a pro rata basis to reflect such shortfall.

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.046 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12721

‘‘(3) ANNUAL REPORTING REQUIRED.—The ‘‘(A) that has a Medicare provider agree- ‘‘(4) DATA PROTECTION AND PRIVACY.—The provisions of subsection (b)(3) of section 340E ment under title XVIII of the Social Secu- Secretary and the Secretary of Labor shall shall apply to women’s hospitals under this rity Act; ensure the confidentiality and privacy of any section in the same manner as such provi- ‘‘(B) that has an approved graduate med- claims data submitted pursuant to this sec- sions apply to children’s hospitals under ical residency training program; tion. Within 1 year of the date of enactment such section 340E. In applying such provi- ‘‘(C) that has not been excluded from the of this section, the Secretary shall promul- sions, the Secretary may make such modi- Medicare prospective payment system; gate a proposed regulation to ensure that fications as may be necessary to apply such ‘‘(D) that had at least 3,000 births during such data is protected against any violation provisions to women’s hospitals. 2007, as determined by the Centers for Medi- of the privacy and confidentiality of an indi- care & Medicaid Services; and ‘‘(c) APPLICATION OF CERTAIN PROVISIONS.— vidual’s medical records. Within 180 days of The provisions of subsections (c) and (d) of ‘‘(E) with respect to which and as deter- such promulgation, the Comptroller General mined by the Centers for Medicare & Med- section 340E shall apply to women’s hospitals shall publish a report on the adequacy of icaid Services, less than 4 percent of the under this section in the same manner as such regulation to ensure such protection. total discharges from the hospital during such provisions apply to children’s hospitals The database shall not include names, 2007 were Medicare discharges of individuals under such section 340E. In applying such unencrypted Social Security numbers, ad- who, as of the time of the discharge— provisions, the Secretary may make such dresses, or other information that may ‘‘(i) were enrolled in the original Medicare modifications as may be necessary to apply uniquely identify an individual. fee-for-service program under part A of title such provisions to women’s hospitals. ‘‘(5) TABULATION; CLASSIFICATION.—The XVIII of the Social Security Act; and Secretary shall work with the NAIC to de- ‘‘(d) MAKING OF PAYMENTS.— ‘‘(ii) were not enrolled in— velop a procedure for centralized tabulation ‘‘(1) INTERIM PAYMENTS.—The Secretary ‘‘(I) a Medicare Advantage plan under part and classification of consumer complaints shall determine, before the beginning of each C of title XVIII of that Act; related to claims handling, appeals, and re- fiscal year involved for which payments may ‘‘(II) an eligible organization under section views by the entities described in paragraph be made for a hospital under this section, the 1876 of that Act; or (1). amounts of the payments for direct graduate ‘‘(III) a PACE program under section 1894 ‘‘(c) IMPLEMENTATION.—The Secretary shall medical education and indirect medical edu- of that Act.’’. implement the database not later than 2 cation for such fiscal year and shall (subject years after the date of enactment of this sec- to paragraph (2)) make the payments of such SA 3032. Mrs. BOXER submitted an tion. amounts in 12 equal interim installments amendment intended to be proposed to ‘‘(d) DISSEMINATION.—The Secretary shall during such period. Such interim payments amendment SA 2786 proposed by Mr. make the database available to State insur- to each individual hospital shall be based on REID (for himself, Mr. BAUCUS, Mr. ance regulators, health exchanges, and con- the number of residents reported in the hos- DODD, and Mr. HARKIN) to the bill H.R. sumer assistance ombudsmen, provided that pital’s most recently filed Medicare cost re- 3590, to amend the Internal Revenue such entities ensure the confidentiality and port prior to the application date for the Code of 1986 to modify the first-time privacy of medical records and comply with Federal fiscal year for which the interim all existing privacy laws, and shall update payment amounts are established. In the homebuyers credit in the case of mem- the database on a quarterly basis. case of a hospital that does not report resi- bers of the Armed Forces and certain ‘‘(e) REPORTING.—Not later than January 1, dents on a Medicare cost report, such in- other Federal employees, and for other 2013, and on an annual basis thereafter, the terim payments shall be based on the num- purposes; which was ordered to lie on Secretary shall issue a public report assess- ber of residents trained during the hospital’s the table; as follows: ing the performance of the plans and issuers most recently completed Medicare cost re- On page 36, strike line 23 and insert the fol- described in subsection (b)(1)(A) regarding port filing period. lowing: ‘‘be necessary to carry out this sec- claims handling, appeals, and reviews. Such ‘‘(2) WITHHOLDING.—The Secretary shall tion. report shall assess whether there is any evi- withhold up to 25 percent from each interim ‘‘SEC. 2793A. IMPROVING OVERSIGHT OF IN- dence of a pattern of denial or delay of medi- installment for direct and indirect graduate SURER SERVICE TO BENEFICIARIES. cally necessary claims or appeals.’’. medical education paid under paragraph (1) ‘‘(a) DEFINITIONS.—In this section— as necessary to ensure a hospital will not be ‘‘(1) the term ‘database’ means the data- SA 3033. Mr. CASEY (for himself and overpaid on an interim basis. base established under subsection (b); and Mr. SPECTER) submitted an amendment ‘‘(3) RECONCILIATION.—Prior to the end of ‘‘(2) the term ‘NAIC’ means the National intended to be proposed to amendment each fiscal year, the Secretary shall deter- Association of State Insurance Commis- SA 2786 proposed by Mr. REID (for him- mine any changes to the number of residents sioners. self, Mr. BAUCUS, Mr. DODD, and Mr. reported by a hospital in the application of ‘‘(b) MONITORING INSURER HANDLING OF RE- HARKIN) to the bill H.R. 3590, to amend the hospital for the current fiscal year to de- QUESTS FOR COVERAGE OF MEDICAL CARE.— the Internal Revenue Code of 1986 to ‘‘(1) ESTABLISHMENT.—The Secretary shall, termine the final amount payable to the hos- modify the first-time homebuyers cred- pital for the current fiscal year for both di- in consultation with the NAIC, establish and rect expense and indirect expense amounts. maintain a nationally consistent database it in the case of members of the Armed Based on such determination, the Secretary that, using standardized definitions, tracks Forces and certain other Federal em- shall recoup any overpayments made and claims handling performance by— ployees, and for other purposes; which pay any balance due to the extent possible. ‘‘(A) all group health plans (and health in- was ordered to lie on the table; as fol- The final amount so determined shall be con- surance issuers offering group health insur- lows: ance coverage in connection with a group sidered a final intermediary determination On page 1133, between lines 22 and 23, insert health plan) and health insurance issuers for the purposes of section 1878 of the Social the following: Security Act and shall be subject to adminis- that offer health insurance coverage in the individual market; and SEC. 3511. CONSISTENT QUALITY ACCREDITA- trative and judicial review under that sec- TION REQUIREMENTS FOR PRO- tion in the same manner as the amount of ‘‘(B) external review organizations that VIDERS CONTRACTING WITH MEDI- payment under section 1886(d) of such Act is consider and resolve external appeals from CARE ADVANTAGE PLANS AND subject to review under such section. such plans and issuers. STATE MEDICAID PROGRAMS. ‘‘(2) CONTENT.—The database shall include (a) MEDICARE ADVANTAGE.—Section ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— information on the nature, timing, final dis- 1854(a)(6)(B)(iii) of the Social Security Act There are authorized to be appropriated to posal, and other relevant details (as deter- (42 U.S.C. 1395w–24(a)(6)(B)(iii)) is amended— carry out this section, $12,000,000 for fiscal mined by the Secretary) of claims, appeals, (1) by striking ‘‘In order to’’ and inserting year 2010, and such sums as may be necessary reviews, and requests for or denials of treat- the following: for each of fiscal years 2011 through 2014. ment by the entities described in paragraph ‘‘(aa) IN GENERAL.—In order to’’; and ‘‘(f) DEFINITIONS.—In this section: (1). The Secretary may limit the content of (2) by adding at the end the following: ‘‘(1) APPROVED GRADUATE MEDICAL RESI- the database to those claims that are mone- ‘‘(bb) QUALITY ASSURANCE.—An MA organi- DENCY TRAINING PROGRAM.—The term ‘ap- tarily significant, as determined by the Sec- zation shall not prohibit a particular hos- proved graduate medical residency training retary. pital, physician or other entity within a cat- program’ has the meaning given the term ‘‘(3) COLLECTION OF DATA.—The Secretary egory of healthcare providers from eligi- ‘approved medical residency training pro- shall have the authority to collect and audit bility to contract with the MA organization gram’ in section 1886(h)(5)(A) of the Social data from entities described in paragraph (1) because of a separate policy of the MA orga- Security Act. necessary to implement the database, except nization that does not recognize an approved ‘‘(2) DIRECT GRADUATE MEDICAL EDUCATION that, in the case of such plans and issuers nationally recognized accreditation organi- COSTS.—The term ‘direct graduate medical subject to the Employee Retirement Income zation with the appropriate ‘deeming author- education costs’ has the meaning given such Security Act of 1974, such data shall be col- ity’ from the Secretary.’’. term in section 1886(h)(5)(C) of the Social Se- lected by the Secretary of Labor for use by (b) STATE MEDICAID PLAN REQUIREMENT.— curity Act. the Secretary. At the discretion of the Sec- Section 1902(a)(23) of the Social Security Act ‘‘(3) WOMEN’S HOSPITAL.—The term ‘wom- retary, such data collection authority may (42 U.S.C. 1396a(a)(23)) is amended by insert- en’s hospital’ means a hospital— be delegated to State insurance regulators. ing ‘‘and (C) the State plan and a primary

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.052 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12722 CONGRESSIONAL RECORD — SENATE December 8, 2009 care case-management system (described in spect to the loans outstanding at any time failure to provide, any medical service to a section 1915(b)(1)), a medicaid managed care with respect to which guarantees have been medically underserved or indigent individual organization, or a similar entity shall not issued, or which have been directly made, while engaging in the provision of pro bono prohibit a particular hospital, physician or under subsection (a) may not exceed medical services. other entity within a category of healthcare $50,000,000 per year. (b) REQUIREMENTS.—Subsection (a) shall providers from being qualified to perform a ‘‘(2) TOTAL AMOUNTS.—Subject to para- not apply— service or services because of a separate pol- graph (1), the total of the principal amount (1) to any act or omission by a health care icy of the State plan, system, organization, of all loans directly made or guaranteed professional that is outside the scope of the or entity that does not recognize an ap- under subsection (a) may not exceed services for which such professional is proved nationally recognized accreditation $400,000,000 per year. deemed to be licensed or certified to provide, organization with the appropriate ‘deeming ‘‘(d) CAPITAL ASSESSMENT AND PLANNING unless such act or omission can reasonably authority’ from the Secretary’’ after ‘‘sub- GRANTS.— be determined to be necessary to prevent se- section (g) and in section 1915’’. ‘‘(1) NONREPAYABLE GRANTS.—Subject to rious bodily harm or preserve the life of the (c) EFFECTIVE DATE.—The amendments paragraph (2), the Secretary may make a individual being treated; made by this section take effect on the date grant to a rural entity, in an amount not to (2) if the services on which the medical of enactment of this Act and, in the case of exceed $50,000, for purposes of capital assess- malpractice claim is based did not arise out MA organizations under part C of title XVIII ment and business planning. of the rendering of pro bono care for a medi- of the Social Security Act, apply to plan ‘‘(2) LIMITATION.—The cumulative total of cally underserved or indigent individual; or years beginning after that date. grants awarded under this subsection may (3) to an act or omission by a health care not exceed $2,500,000 per year. professional that constitutes willful or SA 3034. Mr. TESTER submitted an ‘‘(e) TERMINATION OF AUTHORITY.—The Sec- criminal misconduct, gross negligence, reck- amendment intended to be proposed to retary may not directly make or guarantee less misconduct, or a conscious, flagrant in- amendment SA 2786 proposed by Mr. any loan under subsection (a) or make a difference to the rights or safety of the indi- REID (for himself, Mr. BAUCUS, Mr. grant under subsection (d) after September vidual harmed by such professional. 30, 2013.’’. (c) DEFINITION.—In this section— DODD, and Mr. HARKIN) to the bill H.R. (b) RURAL ENTITY DEFINED.—Section 1624 of (1) the term ‘‘medically underserved indi- 3590, to amend the Internal Revenue the Public Health Service Act (42 U.S.C. vidual’’ means an individual who does not Code of 1986 to modify the first-time 300s–3) is amended by adding at the end the have health care coverage under a group homebuyers credit in the case of mem- following: health plan, health insurance coverage, or bers of the Armed Forces and certain ‘‘(15)(A) The term ‘rural entity’ includes— any other health care coverage program; and other Federal employees, and for other ‘‘(i) a rural health clinic, as defined in sec- (2) the term ‘‘indigent individual’’ means purposes; which was ordered to lie on tion 1861(aa)(2) of the Social Security Act; and individual who is unable to pay for the the table; as follows: ‘‘(ii) any medical facility with at least 1 health care services that are provided to the bed, but not more than 49 beds, that is lo- individual. On page 828, between lines 3 and 4, insert cated in— the following: ‘‘(I) a county that is not part of a metro- SA 3036. Mr. ENSIGN submitted an SEC. 3130. CAPITAL INFRASTRUCTURE REVOLV- politan statistical area; or amendment intended to be proposed to ING LOAN PROGRAM FOR RURAL EN- ‘‘(II) a rural census tract of a metropolitan TITIES. amendment SA 2786 proposed by Mr. statistical area (as determined under the REID (for himself, Mr. BAUCUS, Mr. (a) IN GENERAL.—The Public Health Serv- most recent modification of the Goldsmith DODD, and Mr. HARKIN) to the bill H.R. ice Act (42 U.S.C. 201 et seq.) is amended by Modification, originally published in the inserting after section 1602 the following: Federal Register on February 27, 1992 (57 3590, to amend the Internal Revenue ‘‘SEC. 1603. CAPITAL INFRASTRUCTURE REVOLV- Fed. Reg. 6725)); and Code of 1986 to modify the first-time ING LOAN PROGRAM FOR RURAL EN- ‘‘(iii) a hospital that is classified as a crit- homebuyers credit in the case of mem- TITIES. ical access hospital or a rural hospital with bers of the Armed Forces and certain ‘‘(a) AUTHORITY TO MAKE AND GUARANTEE fewer than 1,500 discharges per year. other Federal employees, and for other LOANS.— ‘‘(B) For purposes of subparagraph (A), the ‘‘(1) AUTHORITY TO MAKE LOANS.—The Sec- purposes; which was ordered to lie on fact that a clinic, facility, or hospital has retary may make loans from the fund estab- the table; as follows: been geographically reclassified under the lished under section 1602(d) to any rural enti- At the appropriate place, insert the fol- Medicare program under title XVIII of the ty for projects for capital improvements, in- lowing: Social Security Act shall not preclude a hos- cluding— pital from being considered a rural entity SEC. ll. DISASTER VOLUNTEER HEALTH CARE ‘‘(A) the acquisition of software and hard- PROFESSIONAL PROTECTION. under clause (i) or (ii) of subparagraph (A).’’. ware necessary to implement electronic (a) LIMITATION ON LIABILITY.—Notwith- (c) CONFORMING AMENDMENTS.—Section standing any other provision of law, with re- health records as required under section 3011; 1602 of the Public Health Service Act (42 spect to an area in which a major disaster ‘‘(B) the acquisition of land necessary for U.S.C. 300q–2) is amended— has been declared in accordance with the the capital improvements; (1) in subsection (b)(2)(D), by inserting ‘‘or Robert T. Stafford Disaster Relief and Emer- ‘‘(C) the renovation or modernization of 1603(a)(2)(B)’’ after ‘‘1601(a)(2)(B)’’; and gency Assistance Act (42 U.S.C. 5721 et seq.), any building; (2) in subsection (d)— a health care professional who is providing ‘‘(D) the acquisition or repair of fixed or (A) in paragraph (1)(C), by striking ‘‘sec- health or dental services on a voluntary major movable equipment; and tion 1601(a)(2)(B)’’ and inserting ‘‘sections basis in such area, or to a non-resident vic- ‘‘(E) such other project expenses as the 1601(a)(2)(B) and 1603(a)(2)(B)’’; and tim of the disaster involved, shall not be lia- Secretary determines appropriate. (B) in paragraph (2)(A), by inserting ‘‘or UTHORITY TO GUARANTEE LOANS ble for damages in a medical malpractice ‘‘(2) A .— 1603(a)(2)(B)’’ after ‘‘1601(a)(2)(B)’’. ‘‘(A) IN GENERAL.—The Secretary may lawsuit for a cause of action arising out of guarantee the payment of principal and in- SA 3035. Mr. ENSIGN submitted an an act or omission of such professional in terest for loans made to rural entities for amendment intended to be proposed to providing the services involved. projects for any capital improvement de- (b) REQUIREMENTS.—Subsection (a) shall scribed in paragraph (1) to any non-Federal amendment SA 2786 proposed by Mr. not apply— lender. REID (for himself, Mr. BAUCUS, Mr. (1) to any act or omission by a health care ‘‘(B) INTEREST SUBSIDIES.—In the case of a DODD, and Mr. HARKIN) to the bill H.R. professional that is outside the scope of the guarantee of any loan made to a rural entity 3590, to amend the Internal Revenue services for which such professional is under subparagraph (A), the Secretary may Code of 1986 to modify the first-time deemed to be licensed or certified to provide, pay to the holder of such loan, for and on be- homebuyers credit in the case of mem- unless such act or omission can reasonably half of the project for which the loan was bers of the Armed Forces and certain be determined to be necessary to prevent se- rious bodily harm or preserve the life of the made, amounts sufficient to reduce (by not other Federal employees, and for other more than 3 percent) the net effective inter- individual being treated; est rate otherwise payable on such loan. purposes; which was ordered to lie on (2) if the services on which the medical ‘‘(b) AMOUNT OF LOAN.—The principal the table; as follows: malpractice claim is based did not arise out amount of a loan directly made or guaran- At the appropriate place, insert the fol- of the rendering of voluntary care in the dis- teed under subsection (a) for a project for lowing: aster area or were provided to an individual capital improvement may not exceed SEC. ll. HEALTH CARE SAFETY NET ENHANCE- who was not a victim of the disaster; or $2,500,000. MENT. (3) to an act or omission by a health care ‘‘(c) FUNDING LIMITATIONS.— (a) LIMITATION ON LIABILITY.—Notwith- professional that constitutes willful or ‘‘(1) GOVERNMENT CREDIT SUBSIDY EXPO- standing any other provision of law, a health criminal misconduct, gross negligence, reck- SURE.—The total of the Government credit care professional shall not be liable in any less misconduct, or a conscious, flagrant in- subsidy exposure under the Federal Credit medical malpractice lawsuit for a cause of difference to the rights or safety of the indi- Reform Act of 1990 scoring protocol with re- action arising out of the provision of, or the vidual harmed by such professional.

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.061 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12723

(c) LIMITATION ON VICARIOUS LIABILITY.— years’’ and after ‘‘with respect to fiscal SEC. 2008. AUTOMATIC INCREASE IN THE FED- An individual or a health care institution years’’; ERAL MEDICAL ASSISTANCE PER- that deploys or uses a volunteer described in (5) in subsection (g)(1), by striking ‘‘Sep- CENTAGE DURING PERIODS OF NA- TIONAL ECONOMIC DOWNTURN. subsection (a) shall not be vicariously liable tember 30, 2011’’ and inserting ‘‘December 31, (a) NATIONAL ECONOMIC DOWNTURN ASSIST- in a medical malpractice lawsuit with re- 2011’’; and ANCE FMAP.— spect to services described in such subsection (6) in subsection (h)(3), by striking ‘‘De- (1) IN GENERAL.—Section 1905 of the Social unless the volunteer involved is determined cember 31, 2010’’ and inserting ‘‘June 30, Security Act (42 U.S.C. 1396d), as amended by to be liable. 2011’’. sections 2001(a)(3), 2006, 4106(b), and 4107, is (d) RECIPROCITY WITH RESPECT TO LICENSED amended— OR CERTIFIED HEALTH CARE PROFESSIONALS.— A health care professional that is licensed or SA 3039. Mr. ROCKEFELLER sub- (A) in subsection (b), in the first sentence— certified in a State and who is providing mitted an amendment intended to be (i) by striking ‘‘and (5)’’ and inserting health or dental services on a voluntary proposed to amendment SA 2786 pro- ‘‘(5)’’; and (ii) by inserting ‘‘and (6) with respect to basis in an area in which a major disaster posed by Mr. REID (for himself, Mr. has been declared in accordance with the each fiscal year quarter other than the first BAUCUS, Mr. DODD, and Mr. HARKIN) to Robert T. Stafford Disaster Relief and Emer- quarter of a national economic downturn as- gency Assistance Act (42 U.S.C. 5721 et seq.), the bill H.R. 3590, to amend the Inter- sistance period described in subsection shall be deemed to be licensed or certified by nal Revenue Code of 1986 to modify the (cc)(1), the Federal medical assistance per- the State in which such area is located with first-time homebuyers credit in the centage for any State described in subsection respect to such health or dental services, case of members of the Armed Forces (cc)(2) shall be equal to the national eco- subject to any additional conditions, limita- and certain other Federal employees, nomic downturn assistance FMAP deter- tions, or expansions that may be applied by and for other purposes; which was or- mined for the State for the quarter under subsection (cc)(3)’’ before the period; and the chief executive of the State in which dered to lie on the table; as follows: such area is located. (B) by adding at the end the following: On page 436, between lines 14 and 15, insert ‘‘(cc) NATIONAL ECONOMIC DOWNTURN AS- SA 3037. Mr. JOHNSON (for himself, the following: SISTANCE FMAP.—For purposes of clause (6) Mr. FRANKEN, Mr. BURRIS, and Mr. of the first sentence of subsection (b): SEC. 2008. MANAGED CARE ORGANIZATIONS. ‘‘(1) NATIONAL ECONOMIC DOWNTURN ASSIST- WARNER) submitted an amendment in- ANCE PERIOD.—A national economic down- tended to be proposed to amendment (a) MINIMUM MEDICAL LOSS RATIO.— (1) MEDICAID.—Section 1903(m)(2)(A) of the turn assistance period described in this para- SA 2786 proposed by Mr. REID (for him- Social Security Act (42 U.S.C. 1396b(m)(2)(A)) graph— self, Mr. BAUCUS, Mr. DODD, and Mr. is amended— ‘‘(A) begins with the first fiscal year quar- HARKIN) to the bill H.R. 3590, to amend (A) by striking ‘‘and’’ at the end of clause ter for which the Secretary determines that the Internal Revenue Code of 1986 to (xi); for at least 23 States, the rolling average un- modify the first-time homebuyers cred- (B) by striking the period at the end of employment rate for that quarter has in- it in the case of members of the Armed clause (xii) and inserting ‘‘; and’’; and creased by at least 10 percent over the cor- Forces and certain other Federal em- (C) by adding at the end the following new responding quarter for the most recent pre- ployees, and for other purposes; which clause: ceding 12-month period for which data are ‘‘(xiii) such contract has a medical loss available (in this subsection referred to as was ordered to lie on the table; as fol- the ‘trigger quarter’); and lows: ratio, as determined in accordance with a methodology specified by the Secretary, that ‘‘(B) ends with the first succeeding fiscal On page 731, between lines 16 and 17, insert is a percentage (not less than 85 percent) year quarter for which the Secretary deter- the following: specified by the Secretary.’’. mines that less than 23 States have a rolling ‘‘(xix) Utilizing a diverse network of pro- (2) CHIP.—Section 2107(e)(1) of such Act (42 average unemployment rate for that quarter viders of services and suppliers to improve U.S.C. 1397gg(e)(1)), as amended by sections with an increase of at least 10 percent over care coordination for applicable individuals 2101(d)(2), 2101(e), and 6401(c), is amended— the corresponding quarter for the most re- described in subsection (a)(4)(A)(i) with 2 or (A) by redesignating subparagraphs (H) cent preceding 12-month period for which more chronic conditions and a history of through (O) as subparagraphs (I) through (P); data are available. prior-year hospitalization through interven- and ‘‘(2) ELIGIBLE STATE.—A State described in tions developed under the Medicare Coordi- (B) by inserting after subparagraph (G) the this paragraph is a State for which the Sec- nated Care Demonstration Project under sec- following new subparagraph: retary determines that the rolling average tion 4016 of the Balanced Budget Act of 1997 ‘‘(H) Section 1903(m)(2)(A)(xiv) (relating to unemployment rate for the State for any (42 U.S.C. 1395b–1 note). application of minimum loss ratios), with re- quarter occurring during a national eco- nomic downturn assistance period described Mr. ROCKEFELLER sub- spect to comparable contracts under this SA 3038. title.’’. in paragraph (1) has increased over the cor- mitted an amendment intended to be (3) EFFECTIVE DATE.—The amendments responding quarter for the most recent pre- proposed to amendment SA 2786 pro- made by this subsection shall apply to con- ceding 12-month period for which data are posed by Mr. REID (for himself, Mr. tracts entered into or renewed on or after available. BAUCUS, Mr. DODD, and Mr. HARKIN) to July 1, 2010. ‘‘(3) DETERMINATION OF NATIONAL ECONOMIC DOWNTURN ASSISTANCE FMAP.— the bill H.R. 3590, to amend the Inter- (b) PATIENT ENCOUNTER DATA.— ‘‘(A) IN GENERAL.—The national economic nal Revenue Code of 1986 to modify the (1) IN GENERAL.—Section 1903(m)(2)(A)(xi) downturn assistance FMAP for a fiscal year first-time homebuyers credit in the of the Social Security Act (42 U.S.C. quarter determined with respect to a State 1396b(m)(2)(A)(xi)) is amended by inserting case of members of the Armed Forces under this paragraph is equal to the Federal ‘‘and for the provision of such data to the and certain other Federal employees, medical assistance percentage for the State State at a frequency and level of detail to be and for other purposes; which was or- for that quarter increased by the number of specified by the Secretary’’ after ‘‘patients’’. dered to lie on the table; as follows: percentage points determined by— (2) EFFECTIVE DATE.—The amendment ‘‘(i) dividing— On page 436, between lines 14 and 15, insert made by paragraph (1) shall apply with re- ‘‘(I) the Medicaid additional unemployed the following: spect to contract years beginning on or after increased cost amount determined under SEC. 2008. EXTENSION OF ARRA INCREASE IN January 1, 2010. FMAP. subparagraph (B) for the quarter; by Section 5001 of the American Recovery and ‘‘(II) the State’s total Medicaid quarterly Reinvestment Act of 2009 (Public Law 111-5) SA 3040. Mr. ROCKEFELLER sub- spending amount determined under subpara- is amended— mitted an amendment intended to be graph (C) for the quarter; and (1) in subsection (a)(3), by striking ‘‘first proposed to amendment SA 2786 pro- ‘‘(ii) multiplying the quotient determined calendar quarter’’ and inserting ‘‘first 3 cal- under clause (i) by 100. posed by Mr. REID (for himself, Mr. endar quarters’’; ‘‘(B) MEDICAID ADDITIONAL UNEMPLOYED IN- BAUCUS, Mr. DODD, and Mr. HARKIN) to (2) in subsection (b)(2), by inserting before CREASED COST AMOUNT.—For purposes of sub- the period at the end the following: ‘‘, and the bill H.R. 3590, to amend the Inter- paragraph (A)(i)(I), the Medicaid additional such paragraph shall not apply to calendar nal Revenue Code of 1986 to modify the unemployed increased cost amount deter- quarters beginning on or after October 1, first-time homebuyers credit in the mined under this subparagraph with respect 2010’’; case of members of the Armed Forces to a State and a quarter is the product of the (3) in subsection (c)(4)(C)(ii), by striking and certain other Federal employees, following: ‘‘December 2009’’ and ‘‘January 2010’’ and in- and for other purposes; which was or- ‘‘(i) STATE INCREASE IN ROLLING AVERAGE serting ‘‘June 2010’’ and ‘‘July 2010’’, respec- dered to lie on the table; as follows: NUMBER OF UNEMPLOYED INDIVIDUALS FROM tively; THE BASE QUARTER OF UNEMPLOYMENT.— (4) in subsection (d), by inserting ‘‘ending On page 436, between lines 14 and 15, insert ‘‘(I) IN GENERAL.—The amount determined before October 1, 2010’’ after ‘‘entire fiscal the following: by subtracting the rolling average number of

VerDate Nov 24 2008 05:44 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.045 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12724 CONGRESSIONAL RECORD — SENATE December 8, 2009 unemployed individuals in the State for the available data from the Bureau of Labor Sta- quired by the State under State law in effect base unemployment quarter for the State de- tistics Local Area Unemployment Statistics on the first day of the fiscal year quarter oc- termined under subclause (II) from the roll- for each State referred to in paragraph (5), curring immediately prior to the trigger ing average number of unemployed individ- the most recently available— quarter for the period.’’. uals in the State for the quarter. ‘‘(A) data from the Bureau of the Census (2) EFFECTIVE DATE; NO RETROACTIVE APPLI- ‘‘(II) BASE UNEMPLOYMENT QUARTER DE- with respect to the number of nonelderly CATION.—The amendments made by para- FINED.— adults and children who reside in a State de- graph (1) take effect on January 1, 2012. In no ‘‘(aa) IN GENERAL.—For purposes of sub- scribed in paragraph (2) with family income event may a State receive a payment on the clause (I), except as provided in item (bb), below the poverty line (as defined in section basis of the national economic downturn as- the base quarter for a State is the quarter 2110(c)(5)) applicable to a family of the size sistance Federal medical assistance percent- with the lowest rolling average number of involved (or, if the Secretary determines it age determined for the State under section unemployed individuals in the State in the appropriate, a multiyear average of such 1905(cc)(3) of the Social Security Act for 12-month period preceding the trigger quar- data); amounts expended by the State prior to Jan- ter for a national economic downturn assist- ‘‘(B) data reported to the Secretary by a uary 1, 2012. ance period described in paragraph (1). State described in paragraph (2) with respect (b) GAO STUDY AND REPORT.— ‘‘(bb) EXCEPTION.—If the rolling average to expenditures for medical assistance under (1) STUDY.—The Comptroller General of the number of unemployed individuals in a State the State plan under this title for non- United States shall analyze the previous pe- for a quarter occurring during a national disabled, nonelderly adults and children; and riods of national economic downturn, includ- economic downturn assistance period de- ‘‘(C) econometric studies of the responsive- ing the most recent such period in effect as scribed in paragraph (1) is less than the roll- ness of Medicaid enrollments and spending to of the date of enactment of this Act, and the ing average number of unemployed individ- changes in rolling average unemployment past and projected effects of temporary in- uals in the State for the base quarter deter- rates and other factors, including State creases in the Federal medical assistance mined under item (aa), that quarter shall be spending on certain Medicaid populations. percentage under the Medicaid program with treated as the base quarter for the State for ‘‘(5) DEFINITION OF ‘ROLLING AVERAGE NUM- respect to such periods. such national economic downturn assistance BER OF UNEMPLOYED INDIVIDUALS’, ‘ROLLING (2) REPORT.—Not later than April 1, 2011, period. AVERAGE UNEMPLOYMENT RATE’.—In this sub- the Comptroller General of the United States ‘‘(ii) NATIONAL AVERAGE AMOUNT OF ADDI- section, the term— shall submit a report to Congress on the re- TIONAL FEDERAL MEDICAID SPENDING PER ADDI- ‘‘(A) ‘rolling average number of unem- sults of the analysis conducted under para- TIONAL UNEMPLOYED INDIVIDUAL.—In the case ployed individuals’ means, with respect to a graph (1). Such report shall include such rec- of— calendar quarter and a State, the average of ommendations as the Comptroller General ‘‘(I) a calendar quarter occurring in fiscal the 12 most recent months of seasonally ad- determines appropriate for modifying the na- year 2012, $350; and justed unemployment data for each State; tional economic downturn assistance FMAP ‘‘(II) a calendar quarter occurring in any ‘‘(B) ‘rolling average unemployment rate’ established under section 1905(cc) of the So- succeeding fiscal year, the amount applica- means, with respect to a calendar quarter cial Security Act (as added by subsection (a)) ble under this clause for calendar quarters and a State, the average of the 12 most re- occurring during the preceding fiscal year, to improve the effectiveness of the applica- cent monthly unemployment rates for the increased by the annual percentage increase tion of such percentage in addressing the State; and in the medical care component of the con- needs of States during periods of national ‘‘(C) ‘monthly unemployment rate’ means, sumer price index for all urban consumers economic downturn, including recommenda- with respect to a State, the quotient of— (U.S. city average), as rounded up in an ap- tions for— ‘‘(i) the monthly seasonally adjusted num- propriate manner. (A) improvements to the factors that begin ber of unemployed individuals for the State; ‘‘(iii) STATE NONDISABLED, NONELDERLY and end the application of such percentage; divided by ADULTS AND CHILDREN MEDICAID SPENDING (B) how the determination of such percent- ‘‘(ii) the monthly seasonally adjusted num- INDEX.— age could be adjusted to address State and ber of the labor force for the State, ‘‘(I) IN GENERAL.—With respect to a State, regional economic variations during such pe- the quotient (not to exceed 1.00) of— using the most recent data available from riods; and ‘‘(aa) the State expenditure per person in the Bureau of Labor Statistics Local Area (C) how the determination of such percent- poverty amount determined under subclause Unemployment Statistics for each State, age could be adjusted to be more responsive (II); divided by— ‘‘(6) INCREASE IN CAP ON PAYMENTS TO TER- to actual Medicaid costs incurred by States ‘‘(bb) the National expenditure per person RITORIES.—With respect to any fiscal year during such periods, as well as to the effects in poverty amount determined under sub- quarter for which the national economic of any other specific economic indicators clause (III). downturn assistance Federal medical assist- that the Comptroller General determines ap- ‘‘(II) STATE EXPENDITURE PER PERSON IN ance percentage applies to Puerto Rico, the propriate. POVERTY AMOUNT.—For purposes of subclause Virgin Islands, Guam, the Northern Mariana (I)(aa), the State expenditure per person in Islands, or American Samoa, the amounts SA 3041. Mr. ROCKEFELLER sub- poverty amount is the quotient of— otherwise determined for such common- mitted an amendment intended to be ‘‘(aa) the total amount of annual expendi- wealth or territory under subsections (f) and proposed to amendment SA 2786 pro- tures by the State for providing medical as- (g) of section 1108 shall be increased by such sistance under the State plan to nondisabled, percentage of such amounts as the Secretary posed by Mr. REID (for himself, Mr. nonelderly adults and children; divided by determines is equal to twice the average in- BAUCUS, Mr. DODD, and Mr. HARKIN) to ‘‘(bb) the total number of nonelderly adults crease in the national economic downturn the bill H.R. 3590, to amend the Inter- and children in poverty who reside in the assistance FMAP determined for all States nal Revenue Code of 1986 to modify the State, as determined under paragraph (4)(A). described in paragraph (2) for the quarter. first-time homebuyers credit in the ‘‘(III) NATIONAL EXPENDITURE PER PERSON ‘‘(7) SCOPE OF APPLICATION.—The national case of members of the Armed Forces IN POVERTY AMOUNT.—For purposes of sub- economic downturn assistance FMAP shall and certain other Federal employees, clause (I)(bb), the National expenditure per only apply for purposes of payments under and for other purposes; which was or- person in poverty amount is the quotient section 1903 for a quarter and shall not apply of— with respect to— dered to lie on the table; as follows: ‘‘(aa) the sum of the total amounts deter- ‘‘(A) disproportionate share hospital pay- On page 397, beginning on line 2, strike mined under subclause (II)(aa) for all States; ments described in section 1923; ‘‘under’’ and all that follows through line 6, divided by ‘‘(B) payments under title IV or XXI; or and insert ‘‘not pregnant and are’’ ‘‘(bb) the sum of the total amounts deter- ‘‘(C) any payments under this title that are mined under subclause (II)(bb) for all States. based on the enhanced FMAP described in SA 3042. Mr. ROCKEFELLER sub- ‘‘(C) STATE’S TOTAL MEDICAID QUARTERLY section 2105(b). mitted an amendment intended to be SPENDING AMOUNT.—For purposes of subpara- ‘‘(8) ADDITIONAL REQUIREMENT FOR CERTAIN proposed to amendment SA 2786 pro- graph (A)(i)(II), the State’s total Medicaid STATES.—In the case of a State described in quarterly spending amount determined paragraph (2) that requires political subdivi- posed by Mr. REID (for himself, Mr. under this subparagraph with respect to a sions within the State to contribute toward BAUCUS, Mr. DODD, and Mr. HARKIN) to State and a quarter is the amount equal to— the non-Federal share of expenditures re- the bill H.R. 3590, to amend the Inter- ‘‘(i) the total amount of expenditures by quired under section 1902(a)(2), the State nal Revenue Code of 1986 to modify the the State for providing medical assistance shall not require that such political subdivi- first-time homebuyers credit in the under the State plan to all individuals en- sions pay for any fiscal year quarters occur- case of members of the Armed Forces rolled in the plan for the most recent fiscal ring during a national economic downturn and certain other Federal employees, year for which data is available; divided by assistance period a greater percentage of the and for other purposes; which was or- ‘‘(ii) 4. non-Federal share of such expenditures, or a ‘‘(4) DATA.—In making the determinations greater percentage of the non-Federal share dered to lie on the table; as follows: required under this subsection, the Secretary of payments under section 1923, than the re- On page 553, between lines 14 and 15, insert shall use, in addition to the most recent spective percentage that would have been re- the following:

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.059 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12725 SEC. 2708. EVALUATION OF STATE COMPLIANCE Medicare program and the month of the ini- SEC. l. REQUIREMENTS FOR MEDICAID PRO- WITH PROVISION OF COMMUNITY- tial Medicare program eligibility for such VIDERS TO ACCEPT IN-NETWORK BASED SERVICES TO INDIVIDUALS cases. PAYMENT RATES FOR SERVICES WITH DISABILITIES. PROVIDED TO MEDICAID MANAGED (B) The applicable non-Federal share of ex- Not later than December 31, 2010, and an- CARE ENROLLEES. penditures made by a State under the Med- nually thereafter, the Inspector General of (a) IN GENERAL.—Section 1932(b) of the So- icaid program during the time period for the Department of Justice shall prepare and cial Security Act (42 U.S.C. 1396u–2(b)) is SDW cases. submit a report to Congress that evaluates amended by adding at the end the following (C) Such other factors as the Secretary and the adequacy of efforts by States to provide ‘‘(9) ASSURING ACCESS TO SERVICES FUR- the Commissioner, in consultation with the appropriate home and community-based NISHED BY NON-CONTRACT PROVIDERS.—Any States, determine appropriate. services to individuals with disabilities in provider of items or services for which med- (2) CONDITIONS FOR PAYMENTS.—A State accordance with the requirements under ical assistance is provided under the State shall not receive a payment under this sec- Olmstead v. L.C., 527 U.S. 581 (1999). plan or under a waiver of the plan that does tion unless the State— not have in effect a contract with a Medicaid SA 3043. Mr. ROCKEFELLER sub- (A) waives the right to file a civil action managed care entity that establishes pay- mitted an amendment intended to be (or to be a party to any action) in any Fed- ment amounts for items or services fur- eral or State court in which the relief sought proposed to amendment SA 2786 pro- nished to a beneficiary enrolled in the enti- includes a payment from the United States ty’s Medicaid managed care plan shall accept posed by Mr. REID (for himself, Mr. to the State related to the Medicare liability as payment in full no more than the BAUCUS, Mr. DODD, and Mr. HARKIN) to under title XVIII of the Social Security Act amounts (less any payments for indirect the bill H.R. 3590, to amend the Inter- (42 U.S.C. 1395 et seq.) as a result of the Spe- costs of medical education and direct costs nal Revenue Code of 1986 to modify the cial Disability Workload project; and of graduate medical education) that it could first-time homebuyers credit in the (B) releases the United States from any collect if the beneficiary received medical case of members of the Armed Forces further claims for reimbursement of State assistance under this title other than and certain other Federal employees, expenditures as a result of the Special Dis- through enrollment in such an entity. In a and for other purposes; which was or- ability Workload project (other than reim- State where rates paid to hospitals under the bursements being made under agreements in dered to lie on the table; as follows: State plan are negotiated by contract and effect on the date of enactment of this Act as not publicly released, the payment amount Beginning on page 397, strike line 15 and a result of such project, including payments applicable under this subparagraph shall be all that follows through page 398, line 25. made pursuant to agreements entered into the average contract rate that would apply under section 1616 of the Social Security Act under the State plan for general acute care SA 3044. Mr. ROCKEFELLER sub- or section 211(1)(1)(A) of Public Law 93–66). hospitals or the average contract rate that mitted an amendment intended to be (3) NO INDIVIDUAL STATE CLAIMS DATA RE- would apply under such plan for tertiary hos- proposed by him to the bill H.R. 3590, QUIRED.—No State shall be required to sub- pitals.’’. to amend the Internal Revenue Code of mit individual claims evidencing payment (b) EFFECTIVE DATE.—The amendment 1986 to modify the first-time home- under the Medicaid program as a condition made by subsection (a) takes effect on Janu- buyers credit in the case of members of for receiving a payment under this section. ary 1, 2010. the Armed Forces and certain other (4) INELIGIBLE STATES.—No State that is a Federal employees, and for other pur- party to a civil action in any Federal or SA 3045. Mr. KERRY (for himself, Mr. State court in which the relief sought in- poses; which was ordered to lie on the KIRK, Mr. SCHUMER, Mrs. GILLIBRAND, cludes a payment from the United States to Mr. LEAHY, Mr. SANDERS, Mr. CARPER, table; as follows: the State related to the Medicare liability and Mr. KAUFMAN) submitted an At the appropriate place, insert the fol- under title XVIII of the Social Security Act lowing: (42 U.S.C. 1395 et seq.) as a result of the Spe- amendment intended to be proposed to amendment SA 2786 proposed by Mr. SEC. l. PAYMENT OF MEDICARE LIABILITY TO cial Disability Workload project shall be eli- STATES AS A RESULT OF THE SPE- gible to receive a payment under this section REID (for himself, Mr. BAUCUS, Mr. CIAL DISABILITY WORKLOAD while such an action is pending or if such an DODD, and Mr. HARKIN) to the bill H.R. PROJECT. action is resolved in favor of the State. 3590, to amend the Internal Revenue (a) IN GENERAL.—The Secretary, in con- (d) DEFINITIONS.—In this section: Code of 1986 to modify the first-time sultation with the Commissioner, shall work homebuyers credit in the case of mem- with each State to reach an agreement, not (1) COMMISSIONER.—The term ‘‘Commis- later than 6 months after the date of enact- sioner’’ means the Commissioner of Social bers of the Armed Forces and certain ment of this Act, on the amount of a pay- Security. other Federal employees, and for other ment for the State related to the Medicare (2) MEDICAID PROGRAM.—The term ‘‘Med- purposes; which was ordered to lie on program liability as a result of the Special icaid program’’ means the program of med- the table; as follows: ical assistance established under title XIX of Disability Workload project, subject to the Beginning on page 402, strike line 15 and the Social Security Act (42 U.S.C. 1396a et requirements of subsection (c). all that follows through page 403, line 9, and seq.) and includes medical assistance pro- (b) PAYMENTS.— insert the following: vided under any waiver of that program ap- (1) DEADLINE FOR MAKING PAYMENTS.—Not ‘‘(A) NEWLY ELIGIBLE.—The term ‘‘newly proved under section 1115 or 1915 of such Act later than 30 days after reaching an agree- eligible’’ means an individual described in (42 U.S.C. 1315, 1396n) or otherwise. ment with a State under subsection (a), the subclause (VIII) of section 1902(a)(10)(A)(i) (3) MEDICARE PROGRAM.—The term ‘‘Medi- Secretary shall pay the State, from the who, on the date of enactment of the Patient care program’’ means the program estab- amounts appropriated under paragraph (2), Protection and Affordable Care Act, is not the payment agreed to for the State. lished under title XVIII of the Social Secu- eligible under the State plan for full benefits (2) APPROPRIATION.—Out of any money in rity Act (42 U.S.C. 1395 et seq.). or for benchmark coverage described in sec- the Treasury not otherwise appropriated, (4) SECRETARY.—The term ‘‘Secretary’’ tion 1937(b)(1) or benchmark equivalent cov- there is appropriated $4,000,000,000 for fiscal means the Secretary of Health and Human erage described in section 1937(b)(2), or is eli- year 2010 for making payments to States Services. gible but not enrolled (or is on a waiting list) under paragraph (1). (5) SDW CASE.—The term ‘‘SDW case’’ for such benefits or coverage through a waiv- (3) LIMITATIONS.—In no case may the ag- means a case in the Special Disability Work- er under the plan that has a capped or lim- gregate amount of payments made by the load project involving an individual deter- ited enrollment that is full. Secretary to States under paragraph (1) ex- mined by the Commissioner to have been eli- ceed $4,000,000,000. gible for benefits under title II of the Social SA 3046. Mr. KERRY (for himself, Ms. (c) REQUIREMENTS.—The requirements of Security Act (42 U.S.C. 401 et seq.) for a pe- STABENOW, Ms. COLLINS, Ms. SNOWE, this subsection are the following: riod during which such benefits were not pro- YDEN INCOLN OHN (1) FEDERAL DATA USED TO DETERMINE vided to the individual and who was, during Mr. W , Mrs. L , Mr. J - AMOUNT OF PAYMENTS.—The amount of the all or part of such period, enrolled in a State SON, Mr. SPECTER, and Mrs. payment under subsection (a) for each State Medicaid program. GILLIBRAND) submitted an amendment is determined on the basis of the most recent (6) SPECIAL DISABILITY WORKLOAD intended to be proposed to amendment Federal data available, including the use of PROJECT.—The term ‘‘Special Disability SA 2786 proposed by Mr. REID (for him- proxies and reasonable estimates as nec- Workload project’’ means the project de- self, Mr. BAUCUS, Mr. DODD, and Mr. essary, for determining expeditiously the scribed in the 2008 Annual Report of the HARKIN) to the bill H.R. 3590, to amend amount of the payment that shall be made Board of Trustees of the Federal Old-Age and the Internal Revenue Code of 1986 to to each State that enters into an agreement Survivors Insurance and Federal Disability under this section. The payment method- Insurance Trust Funds, H.R. Doc. No. 110–104, modify the first-time homebuyers cred- ology shall consider the following factors: 110th Cong. (2008). it in the case of members of the Armed (A) The number of SDW cases found to (7) STATE.—The term ‘‘State’’ means each Forces and certain other Federal em- have been eligible for benefits under the of the 50 States and the District of Columbia. ployees, and for other purposes; which

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.057 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12726 CONGRESSIONAL RECORD — SENATE December 8, 2009 was ordered to lie on the table; as fol- (C) An analysis of the feasability of reduc- SEC. 2008. PROTECTION OF MEDICAID WAIVER lows: ing the lag time with respect to data used to AUTHORITY. Beginning on page 983, strike line 11 and determine the average sales price under sec- No provision of this Act or any amendment all that follows through page 984, line 3, and tion 1847A of the Social Security Act (42 made by this Act shall limit or otherwise re- insert the following: U.S.C. 1395w-3a). strict any authority in effect on the date of enactment of this Act which the Secretary of ‘‘(vi) PRODUCTIVITY ADJUSTMENT.—After de- (D) An update to the report entitled ‘‘Anal- termining the home health market basket ysis of Supply, Distribution, Demand, and Health and Human Services may exercise percentage increase under clause (iii), and Access Issues Associated with Immune Glob- under section 1915 or 1115 of the Social Secu- after application of clause (v), the Secretary ulin Intravenous (IGIV)’’, issued in February rity Act or otherwise to encourage States to shall reduce such percentage, for 2015 and 2007 by the Office of the Assistant Secretary develop innovation programs to provide each subsequent year, by the productivity for Planning and Evaluation of the Depart- health insurance to uninsured individuals or adjustment described in section ment of Health and Human Services. to contain health care costs by granting 1886(b)(3)(B)(xi)(II). The application of the (2) FINAL EVALUATION AND REPORT.—Not States budget neutral Medicaid waivers Any preceding sentence may result in the home later than July 1, 2014, the Secretary shall provision of this Act or an amendment of health market basket percentage increase submit to Congress a report that contains a this Act that is contrary to the preceding under clause (iii) being less than 0.0 for a final evaluation of the impact of the dem- sentence is null and void. year, and may result in payment rates under onstration project on access for Medicare the system under this subsection for a year beneficiaries to items and services needed for SA 3050. Mr. BARRASSO submitted being less than such payment rates for the the administration of intravenous immune an amendment intended to be proposed preceding year.’’. globin within the home. to amendment SA 2786 proposed by Mr. (e) OFFSET.— REID (for himself, Mr. BAUCUS, Mr. SA 3047. Mr. KERRY (for himself, Mr. (1) IN GENERAL.—Section 1861(n) of the So- cial Security Act (42 U.S.C. 1395x(n)) is DODD, and Mr. HARKIN) to the bill H.R. WYDEN, Mr. WHITEHOUSE, Mr. REED) 3590, to amend the Internal Revenue submitted an amendment intended to amended by adding at the end the following: ‘‘Such term includes disposable drug deliv- Code of 1986 to modify the first-time be proposed to amendment SA 2786 pro- ery systems, including elastomeric infusion homebuyers credit in the case of mem- posed by Mr. REID (for himself, Mr. pumps, for the treatment of colorectal can- bers of the Armed Forces and certain BAUCUS, Mr. DODD, and Mr. HARKIN) to cer.’’. other Federal employees, and for other the bill H.R. 3590, to amend the Inter- (2) EFFECTIVE DATE.—The amendment purposes; which was ordered to lie on nal Revenue Code of 1986 to modify the made by paragraph (1) shall apply to items first-time homebuyers credit in the furnished on or after the date of enactment the table; as follows: case of members of the Armed Forces of this Act. On page 1998, strike lines 13 through 24. and certain other Federal employees, (f) DEFINITIONS.—In this section: (1) DEMONSTRATION PROJECT.—The term SA 3051. Mr. BARRASSO submitted and for other purposes; which was or- ‘‘demonstration project’’ means the dem- dered to lie on the table; as follows: onstration project conducted under this sec- an amendment intended to be proposed At the appropriate place, insert the fol- tion. to amendment SA 2786 proposed by Mr. lowing: (2) MEDICARE BENEFICIARY.—The term REID (for himself, Mr. BAUCUS, Mr. SEC. ll. MEDICARE PATIENT IVIG ACCESS DEM- ‘‘Medicare beneficiary’’ means an individual DODD, and Mr. HARKIN) to the bill H.R. ONSTRATION PROJECT. who is entitled to, or enrolled for, benefits 3590, to amend the Internal Revenue (a) ESTABLISHMENT.—The Secretary shall under part A of title XVIII of the Social Se- Code of 1986 to modify the first-time establish and implement a demonstration curity Act or enrolled for benefits under part homebuyers credit in the case of mem- project under title XVIII of the Social Secu- B of such title. bers of the Armed Forces and certain rity Act to evaluate the benefits of providing (3) SECRETARY.—The term ‘‘Secretary’’ payment for items and services needed for means the Secretary of Health and Human other Federal employees, and for other the administration, within the homes of Services. purposes; which was ordered to lie on Medicare beneficiaries, of intravenous im- the table; as follows: mune globin for the treatment of primary SA 3048. Mr. BARRASSO submitted On page 816, after line 20, insert the fol- immune deficiency diseases. an amendment intended to be proposed lowing: (b) DURATION AND SCOPE.— to amendment SA 2786 proposed by Mr. (1) DURATION.—Beginning not later than SEC. 3115. RURAL HEALTH CLINIC REIMBURSE- REID (for himself, Mr. BAUCUS, Mr. January 1, 2011, the Secretary shall conduct MENT. the demonstration project for a period of 3 DODD, and Mr. HARKIN) to the bill H.R. Section 1833(f) of the Social Security Act years. 3590, to amend the Internal Revenue (42 U.S.C. 1395l(f)) is amended— (2) SCOPE.—The Secretary shall enroll not Code of 1986 to modify the first-time (1) in paragraph (1), by striking ‘‘, and’’ at greater than 4,000 Medicare beneficiaries who homebuyers credit in the case of mem- the end and inserting a semicolon; have been diagnosed with primary immuno- bers of the Armed Forces and certain (2) in paragraph (2)— deficiency disease for participation in the other Federal employees, and for other (A) by striking ‘‘in a subsequent year’’ and demonstration project. A Medicare bene- purposes; which was ordered to lie on inserting ‘‘after 1988 and before 2010’’; and (B) by striking the period at the end and ficiary may participate in the demonstration the table; as follows: project on a voluntary basis and may termi- inserting a semicolon; and nate participation at any time. On page 172, between lines 11 and 12, insert (3) by adding at the end the following new (c) REIMBURSEMENT.—The Secretary shall the following: paragraphs: establish an hourly rate for payment for (E) REPAYMENT OF FUNDS.—A person that ‘‘(3) in 2010, at $85 per visit; and items and services needed for the adminis- receives Federal funds under a loan or grant ‘‘(4) in a subsequent year, at the limit es- tration of intravenous immune globin based under this section shall be required to reim- tablished under this subsection for the pre- on the low-utilization payment adjustment burse the Federal Government for the full vious year increased by the percentage in- under the prospective payment system for amount received under such loan or grant on crease in the MEI (as defined in section home health services established under sec- terms established by the Secretary, but in no 1842(i)(3)) applicable to primary care services tion 1895 of the Social Security Act (42 event shall such repayment be made later (as defined in section 1842(i)(4)) furnished as U.S.C. 1395fff). than 10 years after the date on which such of the first day of that year.’’. (d) STUDY AND REPORT TO CONGRESS.— loan or grant was made. (1) INTERIM EVALUATION AND REPORT.—Not SA 3052. Mr. BARRASSO submitted later than 24 months after the date of enact- SA 3049. Mr. BARRASSO submitted an amendment intended to be proposed an amendment intended to be proposed ment of this Act, the Secretary shall submit to amendment SA 2786 proposed by Mr. to Congress a report that contains the fol- to amendment SA 2786 proposed by Mr. lowing: REID (for himself, Mr. BAUCUS, Mr. REID (for himself, Mr. BAUCUS, Mr. (A) An interim evaluation of the impact of DODD, and Mr. HARKIN) to the bill H.R. DODD, and Mr. HARKIN) to the bill H.R. the demonstration project on access for 3590, to amend the Internal Revenue 3590, to amend the Internal Revenue Medicare beneficiaries to items and services Code of 1986 to modify the first-time Code of 1986 to modify the first-time needed for the administration of intravenous homebuyers credit in the case of mem- homebuyers credit in the case of mem- immune globin within the home. bers of the Armed Forces and certain bers of the Armed Forces and certain (B) An analysis of the appropriateness of other Federal employees, and for other other Federal employees, and for other implementing a new methodology for pay- purposes; which was ordered to lie on ment for intravenous immune globulins in purposes; which was ordered to lie on all care settings under part B of title XVIII the table; as follows: the table; as follows: of the Social Security Act (42 U.S.C. 1395k et On page 436, between lines 14 and 15, insert On page 1266, between lines 17 and 18, insert seq.). the following: the following:

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.072 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12727 SEC. 4403. RURAL HEALTH CLINIC AND COMMU- cost of any medical treatment, item, or serv- homebuyers credit in the case of mem- NITY HEALTH CENTER COLLABO- ice described in subsection (b) be considered bers of the Armed Forces and certain RATIVE ACCESS EXPANSION. a factor in any comparative effectiveness re- Section 330 of the Public Health Service other Federal employees, and for other search conducted— purposes; which was ordered to lie on Act (42 U.S.C. 254b), as amended by section (1) by the Federal Government; or 4206, is amended by adding at the end the fol- (2) by any other entity using funding pro- the table; as follows: lowing: vided by the Federal Government. On page 340, strike lines 1 through 14 and ‘‘(t) RULE OF CONSTRUCTION WITH RESPECT (b) MEDICAL TREATMENT, ITEM, OR SERV- insert the following: TO RURAL HEALTH CLINICS.— ICE.—The medical treatments, services, and ‘‘(A) WAIVER OF CRIMINAL AND CIVIL PEN- ‘‘(1) IN GENERAL.—Nothing in this section items described in this subsection are health ALTIES AND INTEREST.—In the case of any shall be construed to prevent a community care interventions, protocols for treatment, failure by a taxpayer to timely pay any pen- health center from contracting with a feder- care management, and delivery, procedures, alty imposed by this section— ally certified rural health clinic (as defined medical devices, diagnostic tools, pharma- ‘‘(i) such taxpayer shall not be subject to by section 1861(aa)(2) of the Social Security ceuticals (including drugs and biologicals), any criminal prosecution or penalty with re- Act) for the delivery of primary health care integrative health practices, and any other spect to such failure, and services that are available at the rural strategies or items being used in the treat- ‘‘(ii) no penalty, addition to tax, or inter- health clinic to individuals who would other- ment, management, and diagnosis of, or pre- est shall be imposed with respect to such wise be eligible for free or reduced cost care vention of illness or injury in, individuals. failure or such penalty. if that individual were able to obtain that (c) INCLUSION.—The comparative effective- ‘‘(B) LIMITED COLLECTION ACTIONS PER- care at the community health center. Such ness research described under subsection (a) MITTED.—In the case of the assessment of services may be limited in scope to those pri- includes any such research conducted or any penalty imposed by this section, the mary health care services available in that funded by— Secretary shall not take any action with re- rural health clinic. (1) the Patient-Centered Outcomes Re- spect to the collection of such penalty other ‘‘(2) ASSURANCES.—In order for a rural search Institute under section 1181 of the So- than— health clinic to receive funds under this sec- cial Security Act (as added by section 6301); ‘‘(i) giving notice and demand for such pen- tion through a contract with a community (2) the Department of Health and Human alty under section 6303, health center under paragraph (1), such rural Services, including the Agency for ‘‘(ii) crediting under section 6402(a) the health clinic shall establish policies to en- Healthcare Research and Quality and the Na- amount of any overpayment of the taxpayer sure— tional Institutes of Health; and against such penalty, and ‘‘(A) nondiscrimination based upon the (3) the Federal Coordinating Council for ‘‘(iii) offsetting any payment owed by any ability of a patient to pay; and Comparative Effectiveness Research estab- Federal agency to the taxpayer against such ‘‘(B) the establishment of a sliding fee lished under section 804 of Division A of the penalty under the Treasury offset program.’’. scale for low-income patients.’’. American Recovery and Reinvestment Act of SA 3057. Mr. ENSIGN submitted an SA 3053. Mr. INHOFE submitted an 2009 (42 U.S.C. 299b–8). (d) APPLICATION.—This section shall apply amendment intended to be proposed to amendment intended to be proposed to to any comparative effectiveness research— amendment SA 2786 proposed by Mr. amendment SA 2786 proposed by Mr. (1) that is ongoing as of the date of enact- REID (for himself, Mr. BAUCUS, Mr. REID (for himself, Mr. BAUCUS, Mr. ment of this Act; or DODD, and Mr. HARKIN) to the bill H.R. DODD, and Mr. HARKIN) to the bill H.R. (2) that is conducted after the date of en- 3590, to amend the Internal Revenue 3590, to amend the Internal Revenue actment of this Act. Code of 1986 to modify the first-time Code of 1986 to modify the first-time homebuyers credit in the case of mem- SA 3055. Mr. ENSIGN submitted an homebuyers credit in the case of mem- bers of the Armed Forces and certain amendment intended to be proposed to bers of the Armed Forces and certain other Federal employees, and for other amendment SA 2786 proposed by Mr. other Federal employees, and for other purposes; which was ordered to lie on REID (for himself, Mr. BAUCUS, Mr. purposes; which was ordered to lie on the table; as follows: DODD, and Mr. HARKIN) to the bill H.R. the table; as follows: On page 2026, strike line 3 and insert the 3590, to amend the Internal Revenue Beginning on page 334, line 19, strike all following: Code of 1986 to modify the first-time through page 335, line 2, and insert the fol- (i) EXCLUSION OF ASSISTIVE DEVICES FOR homebuyers credit in the case of mem- lowing: ‘‘(2) MIDDLE INCOME INDIVIDUALS AND FAMI- PEOPLE WITH DISABILITIES.— bers of the Armed Forces and certain LIES.—Any applicable individual for any (1) IN GENERAL.—The term ‘‘medical device other Federal employees, and for other sales’’ shall not include sales of any assistive month during a calendar year if the individ- device for people with disabilities. purposes; which was ordered to lie on ual’s household income for the taxable year (2) REDUCTION OF AGGREGATE FEE AMOUNT.— the table; as follows: described in section 1412(b)(1)(B) of the Pa- The $2,000,000,000 amount in subsection (b)(1) On page 1983, strike lines 1–11 and insert tient Protection and Affordable Care Act is shall be reduced in each calendar year by the the following: less than $200,000 ($250,000 in the case of a amount which bears the same ratio to such ‘‘(II) the 3-year average FEHB program joint return), determined in the same man- $2,000,000,000 amount as the amount of the premium increase for such year. ner as under subsection (c)(4). sales of devices described in paragraph (1) for If any amount determined under this clause SA 3058. Mr. ENSIGN submitted an such calendar year bears to the amount of is not a multiple of $50, such amount shall be total medical device sales (without regard to rounded to the nearest multiple of $50. amendment intended to be proposed to this subsection) for such calendar year, as (iv) 3-YEAR AVERAGE FEHB PROGRAM PRE- amendment SA 2786 proposed by Mr. determined by the Secretary. MIUM INCREASE.—For purposes of clause REID (for himself, Mr. BAUCUS, Mr. (j) APPLICATION OF SECTION.—This section (iii)— DODD, and Mr. HARKIN) to the bill H.R. shall (I) IN GENERAL.—The term ‘‘3-year average 3590, to amend the Internal Revenue FEHB program premium increase’’ means, Code of 1986 to modify the first-time SA 3054. Mr. ROBERTS (for himself with respect to any calendar year, the aver- and Mr. KYL) submitted an amendment homebuyers credit in the case of mem- age of the FEHB program premium increases bers of the Armed Forces and certain intended to be proposed to amendment for the preceding 3 calendar years. other Federal employees, and for other SA 2786 proposed by Mr. REID (for him- (II) FEHB PREMIUM INCREASE.—The term self, Mr. BAUCUS, Mr. DODD, and Mr. ‘‘FEHB program premium increase’’ means, purposes; which was ordered to lie on HARKIN) to the bill H.R. 3590, to amend with respect to any calendar year, the aver- the table; as follows: the Internal Revenue Code of 1986 to age amount of the increases in premiums (if On page 2074, after line 25, add the fol- modify the first-time homebuyers cred- any) for all plans offered under the Federal lowing: it in the case of members of the Armed Employee Health Benefits Program under SEC. llll. NO FEDERAL TAX INCREASE IM- Forces and certain other Federal em- chapter 89 of title 5, United States Code, POSED ON MIDDLE INCOME INDIVID- which were offered under such program for UALS AND FAMILIES. ployees, and for other purposes; which the preceding calendar year. (a) IN GENERAL.—Notwithstanding any pro- was ordered to lie on the table; as fol- vision of, or amendment made by this Act, lows: SA 3056. Mr. ENSIGN submitted an no such provision or amendment which, di- On page 1703, between lines 4 and 5, insert amendment intended to be proposed to rectly or indirectly, results in a Federal tax the following: amendment SA 2786 proposed by Mr. increase shall be administered in such man- ner as to impose such an increase on any SEC. 6303. PROHIBITION ON THE USE OF COST IN REID (for himself, Mr. BAUCUS, Mr. COMPARATIVE EFFECTIVENESS RE- middle income taxpayer. SEARCH. DODD, and Mr. HARKIN) to the bill H.R. (b) MIDDLE INCOME TAXPAYER.—For pur- (a) IN GENERAL.—Notwithstanding any 3590, to amend the Internal Revenue poses of this section, the term ‘‘middle in- other provision of law, in no case may the Code of 1986 to modify the first-time come taxpayer’’ means, for any taxable year,

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.073 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12728 CONGRESSIONAL RECORD — SENATE December 8, 2009 any taxpayer with adjusted gross income (as purposes; which was ordered to lie on mines is equal to the Federal medical assist- defined in section 62 of the Internal Revenue the table; as follows: ance percentage component attributable to Code of 1986) of less than $200,000 ($250,000 in disproportionate share hospital payment ad- On page 357, strike line 15 and insert the the case of a joint return of tax). justments for such year that is reflected in following: the budget neutrality provision of the (d) REPORT ON IMPACT OF PENALTIES.—Not QUEST Demonstration Project.’’. SA 3059. Mr. ENSIGN submitted an later than 18 months after the date of the en- amendment intended to be proposed to actment of this Act, the Comptroller General (b) CONFORMING AMENDMENT.—Effective Oc- amendment SA 2786 proposed by Mr. shall submit to Congress a report on the as- tober 1, 2011, paragraph (7) of section 1923(f) REID (for himself, Mr. BAUCUS, Mr. sessable payments imposed under section of such Act (42 U.S.C. 1396r–4(f)), as added by DODD, and Mr. HARKIN) to the bill H.R. 4980H of the Internal Revenue Code of 1986 section 2551, is amended— 3590, to amend the Internal Revenue (as added by the amendments made by this (1) in subparagraph (A), in the matter pre- Code of 1986 to modify the first-time section). The report submitted under this ceding clause (i), by striking ‘‘subparagraph homebuyers credit in the case of mem- subsection shall include a detailed analysis (E)’’ and inserting ‘‘subparagraphs (E) and of the impact of such assessable penalty on— (G)’’; and bers of the Armed Forces and certain (1) employer profits, (2) by adding at the end the following: other Federal employees, and for other (2) Federal revenues, including any de- ‘‘(G) NONAPPLICATION.—The preceding pro- purposes; which was ordered to lie on crease in tax revenues due to any decrease in visions of this paragraph shall not apply to the table; as follows: employer profits as a result of such assess- the DSH allotment determined for the State On page 1999, strike lines 1 through 20. able penalties, of Hawaii for a fiscal year under paragraph (3) the level of wages and benefits of em- (6).’’. SA 3060. Mr. ENSIGN submitted an ployees, (4) the hours worked by employees, includ- amendment intended to be proposed to SA 3064. Mr. CASEY submitted an amendment SA 2786 proposed by Mr. ing whether employees are classified as part- time or full-time employees, and amendment intended to be proposed to REID (for himself, Mr. BAUCUS, Mr. (5) the termination of employees. amendment SA 2786 proposed by Mr. DODD, and Mr. HARKIN) to the bill H.R. (e) EFFECTIVE DATE.—The amendments REID (for himself, Mr. BAUCUS, Mr. 3590, to amend the Internal Revenue made by DODD, and Mr. HARKIN) to the bill H.R. Code of 1986 to modify the first-time 3590, to amend the Internal Revenue homebuyers credit in the case of mem- SA 3063. Mr. AKAKA (for himself and Code of 1986 to modify the first-time bers of the Armed Forces and certain Mr. INOUYE) submitted an amendment homebuyers credit in the case of mem- other Federal employees, and for other intended to be proposed to amendment bers of the Armed Forces and certain purposes; which was ordered to lie on SA 2786 proposed by Mr. REID (for him- other Federal employees, and for other the table; as follows: self, Mr. BAUCUS, Mr. DODD, and Mr. purposes; which was ordered to lie on Strike section 9004. HARKIN) to the bill H.R. 3590, to amend the table; as follows: the Internal Revenue Code of 1986 to SA 3061. Mr. ENSIGN submitted an modify the first-time homebuyers cred- On page 124, between lines 16 and 17, insert amendment intended to be proposed to it in the case of members of the Armed the following: amendment SA 2786 proposed by Mr. Forces and certain other Federal em- (4) NONDISCRIMINATION ON ABORTION AND RE- SPECT FOR RIGHTS OF CONSCIENCE.— REID (for himself, Mr. BAUCUS, Mr. ployees, and for other purposes; which (A) NONDISCRIMINATION.—A Federal agency DODD, and Mr. HARKIN) to the bill H.R. was ordered to lie on the table; as fol- or program, and any State or local govern- 3590, to amend the Internal Revenue lows: ment that receives Federal financial assist- Code of 1986 to modify the first-time On page 515 of the amendment, between ance under this Act (or an amendment made homebuyers credit in the case of mem- lines 11 and 12, insert the following: by this Act), may not— bers of the Armed Forces and certain SEC. 2552. ESTABLISHMENT OF PERMANENT (i) subject any individual or institutional other Federal employees, and for other MEDICAID DSH ALLOTMENT FOR HA- health care entity to discrimination; or purposes; which was ordered to lie on WAII. (ii) require any health plan created or reg- ulated under this Act (or an amendment the table; as follows: (a) IN GENERAL.—Section 1923(f)(6) of the Social Security Act (42 U.S.C. 1396r–4(f)(6)) is made by this Act) to subject any individual On page 2074, after line 25, add the fol- amended— or institutional health care entity to dis- lowing: (1) by striking the paragraph heading and crimination, SEC. 9024. TAXES NOT FEES, PENALTIES, OR AS- inserting the following: ‘‘ALLOTMENT ADJUST- on the basis that the health care entity does SESSABLE PAYMENTS. MENTS FOR TENNESSEE AND HAWAII’’; and not provide, pay for, provide coverage of, or (a) TAXES NOT FEES.—Sections 4375, 4376, (2) in subparagraph (B), by adding at the refer for abortions. 4377, and 9511 of the Internal Revenue Code of end the following: (B) DEFINITION.——In this section, the term 1986 (as added by section 6301(e)) and sections ‘‘(iii) ALLOTMENT FOR 2D, 3RD, AND 4TH ‘‘ ‘health care entity’ ’’ includes an individual 9008, 9009, and 9010 are each amended by QUARTER OF FISCAL YEAR 2012, FISCAL YEAR physician or other health care professional, a striking ‘‘fee’’ or ‘‘fees’’ each place they ap- 2013, AND SUCCEEDING FISCAL YEARS.—Notwith- hospital, a provider-sponsored organization, pear and inserting ‘‘tax’’ or ‘‘taxes’’, respec- standing the table set forth in paragraph (2) a health maintenance organization, a health tively. or paragraph (7): insurance plan, or any other kind of health (b) TAXES NOT PENALTIES.—Section 5000A ‘‘(I) 2D, 3RD, AND 4TH QUARTER OF FISCAL care facility, organization, or plan. of the Internal Revenue Code of 1986 (as YEAR 2012.—The DSH allotment for Hawaii for (C) ADMINISTRATION.—The Office for Civil added by section 1501(b)) is amended by the 2d, 3rd, and 4th quarters of fiscal year Rights of the Department of Health and striking ‘‘penalty’’ each place it appears 2012 shall be $7,500,000. Human Services is designated to receive (other than the second place in paragraphs ‘‘(II) TREATMENT AS A LOW-DSH STATE FOR complaints of discrimination based on this (1) and (2)(A) of subsection (g) thereof) and FISCAL YEAR 2013 AND SUCCEEDING FISCAL section, and coordinate the investigation of inserting ‘‘tax’’. YEARS.—With respect to fiscal year 2013, and such complaints. (c) TAXES NOT ASSESSABLE PAYMENTS.— each fiscal year thereafter, the DSH allot- Section 4980H of the Internal Revenue Code ment for Hawaii shall be increased in the of 1986 (as added by section 1513(a)) and sec- same manner as allotments for low DSH SA 3065. Mr. CARDIN (for himself tion 1513(c)(1) are each amended by striking States are increased for such fiscal year and Mr. BROWN) submitted an amend- ‘‘assessable payment’’ or ‘‘assessable under clauses (ii) and (iii) of paragraph ment intended to be proposed to payments’’each place they appear and insert- (5)(B). amendment SA 2786 proposed by Mr. ing ‘‘tax’’ or ‘‘taxes’’, respectively. ‘‘(III) CERTAIN HOSPITAL PAYMENTS.—The REID (for himself, Mr. BAUCUS, Mr. Secretary may not impose a limitation on DODD, and Mr. HARKIN) to the bill H.R. SA 3062. Mr. ENSIGN submitted an the total amount of payments made to hos- amendment intended to be proposed to pitals under the QUEST section 1115 Dem- 3590, to amend the Internal Revenue amendment SA 2786 proposed by Mr. onstration Project except to the extent that Code of 1986 to modify the first-time REID (for himself, Mr. BAUCUS, Mr. such limitation is necessary to ensure that a homebuyers credit in the case of mem- DODD, and Mr. HARKIN) to the bill H.R. hospital does not receive payments in excess bers of the Armed Forces and certain 3590, to amend the Internal Revenue of the amounts described in subsection (g), other Federal employees, and for other or as necessary to ensure that such pay- Code of 1986 to modify the first-time purposes; which was ordered to lie on ments under the waiver and such payments the table; as follows: homebuyers credit in the case of mem- pursuant to the allotment provided in this bers of the Armed Forces and certain clause do not, in the aggregate in any year, On page 396, between lines 8 and 9, insert other Federal employees, and for other exceed the amount that the Secretary deter- the following:

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.065 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12729 Subtitle H—Patient Protections thing of value to its employees, agents, or ficiary, or enrollee (or authorized represent- PART I—IMPROVING MANAGED CARE contractors in a manner that encourages de- ative) may make an initial claim for benefits Subpart A—Utilization Review; Claims nials of claims for benefits. orally, but a group health plan, or health in- (C) PROHIBITION OF CONFLICTS.—Such a pro- surance issuer offering health insurance cov- SEC. 1601. UTILIZATION REVIEW ACTIVITIES. gram shall not permit a health care profes- erage, may require that the participant, ben- (a) COMPLIANCE WITH REQUIREMENTS.— sional who is providing health care services eficiary, or enrollee (or authorized represent- (1) IN GENERAL.—A group health plan, and to an individual to perform utilization re- ative) provide written confirmation of such a health insurance issuer that provides view activities in connection with the health request in a timely manner on a form pro- health insurance coverage, shall conduct uti- care services being provided to the indi- vided by the plan or issuer. In the case of lization review activities in connection with vidual. such an oral request for benefits, the making the provision of benefits under such plan or (3) ACCESSIBILITY OF REVIEW.—Such a pro- of the request (and the timing of such re- coverage only in accordance with a utiliza- gram shall provide that appropriate per- quest) shall be treated as the making at that tion review program that meets the require- sonnel performing utilization review activi- time of a claims for such benefits without re- ments of this section and section 1602. ties under the program, including the utili- gard to whether and when a written con- (2) USE OF OUTSIDE AGENTS.—Nothing in zation review administrator, are reasonably firmation of such request is made. this section shall be construed as preventing accessible by toll-free telephone during nor- (b) TIMELINE FOR MAKING DETERMINA- a group health plan or health insurance mal business hours to discuss patient care TIONS.— issuer from arranging through a contract or and allow response to telephone requests, (1) PRIOR AUTHORIZATION DETERMINATION.— otherwise for persons or entities to conduct and that appropriate provision is made to re- (A) IN GENERAL.—A group health plan, or utilization review activities on behalf of the ceive and respond promptly to calls received health insurance issuer offering health insur- plan or issuer, so long as such activities are during other hours. ance coverage, shall make a prior authoriza- conducted in accordance with a utilization (4) LIMITS ON FREQUENCY.—Such a program tion determination on a claim for benefits review program that meets the requirements shall not provide for the performance of uti- (whether oral or written) in accordance with of this section. lization review activities with respect to a the medical exigencies of the case and as (3) UTILIZATION REVIEW DEFINED.—For pur- class of services furnished to an individual soon as possible, but in no case later than 14 poses of this section, the terms ‘‘utilization more frequently than is reasonably required days from the date on which the plan or review’’ and ‘‘utilization review activities’’ to assess whether the services under review issuer receives information that is reason- mean procedures used to monitor or evaluate are medically necessary and appropriate. ably necessary to enable the plan or issuer to the use or coverage, clinical necessity, ap- SEC. 1602. PROCEDURES FOR INITIAL CLAIMS make a determination on the request for propriateness, efficacy, or efficiency of FOR BENEFITS AND PRIOR AUTHOR- prior authorization and in no case later than health care services, procedures or settings, IZATION DETERMINATIONS. 28 days after the date of the claim for bene- and includes prospective review, concurrent (a) PROCEDURES OF INITIAL CLAIMS FOR fits is received. review, second opinions, case management, BENEFITS.— (B) EXPEDITED DETERMINATION.—Notwith- discharge planning, or retrospective review. (1) IN GENERAL.—A group health plan, or standing subparagraph (A), a group health (b) WRITTEN POLICIES AND CRITERIA.— health insurance issuer offering health insur- plan, or health insurance issuer offering (1) WRITTEN POLICIES.—A utilization review ance coverage, shall— health insurance coverage, shall expedite a program shall be conducted consistent with (A) make a determination on an initial prior authorization determination on a claim written policies and procedures that govern claim for benefits by a participant, bene- for benefits described in such subparagraph all aspects of the program. ficiary, or enrollee (or authorized represent- when a request for such an expedited deter- (2) USE OF WRITTEN CRITERIA.— ative) regarding payment or coverage for mination is made by a participant, bene- (A) IN GENERAL.—Such a program shall uti- items or services under the terms and condi- ficiary, or enrollee (or authorized represent- lize written clinical review criteria devel- tions of the plan or coverage involved, in- ative) at any time during the process for oped with input from a range of appropriate cluding any cost-sharing amount that the making a determination and a health care actively practicing health care professionals, participant, beneficiary, or enrollee is re- professional certifies, with the request, that as determined by the plan, pursuant to the quired to pay with respect to such claim for a determination under the procedures de- program. Such criteria shall include written benefits; and scribed in subparagraph (A) would seriously clinical review criteria that are based on (B) notify a participant, beneficiary, or en- jeopardize the life or health of the partici- valid clinical evidence where available and rollee (or authorized representative) and the pant, beneficiary, or enrollee or the ability that are directed specifically at meeting the treating health care professional involved re- of the participant, beneficiary, or enrollee to needs of at-risk populations and covered in- garding a determination on an initial claim maintain or regain maximum function. Such dividuals with chronic conditions or severe for benefits made under the terms and condi- determination shall be made in accordance illnesses, including gender-specific criteria tions of the plan or coverage, including any with the medical exigencies of the case and and pediatric-specific criteria where avail- cost-sharing amounts that the participant, as soon as possible, but in no case later than able and appropriate. beneficiary, or enrollee may be required to 72 hours after the time the request is re- (B) CONTINUING USE OF STANDARDS IN RET- make with respect to such claim for benefits. ceived by the plan or issuer under this sub- ROSPECTIVE REVIEW.—If a health care service (2) ACCESS TO INFORMATION.— paragraph. has been specifically pre-authorized or ap- (A) TIMELY PROVISION OF NECESSARY INFOR- (C) ONGOING CARE.— proved for a participant, beneficiary, or en- MATION.—With respect to an initial claim for (i) CONCURRENT REVIEW.— rollee under such a program, the program benefits, the participant, beneficiary, or en- (I) IN GENERAL.—Subject to clause (ii), in shall not, pursuant to retrospective review, rollee (or authorized representative) and the the case of a concurrent review of ongoing revise or modify the specific standards, cri- treating health care professional (if any) care (including hospitalization), which re- teria, or procedures used for the utilization shall provide the plan or issuer with access sults in a termination or reduction of such review for procedures, treatment, and serv- to information requested by the plan or care, the plan or issuer must provide by tele- ices delivered to the enrollee during the issuer that is necessary to make a deter- phone and in printed form notice of the con- same course of treatment. mination relating to the claim. Such access current review determination to the indi- (C) REVIEW OF SAMPLE OF CLAIMS DENIALS.— shall be provided not later than 5 days after vidual or the individual’s designee and the Such a program shall provide for a periodic the date on which the request for informa- individual’s health care provider in accord- evaluation of the clinical appropriateness of tion is received, or, in a case described in ance with the medical exigencies of the case at least a sample of denials of claims for ben- subparagraph (B) or (C) of subsection (b)(1), and as soon as possible. efits. by such earlier time as may be necessary to (II) CONTENTS OF NOTICE.—Such notice (c) CONDUCT OF PROGRAM ACTIVITIES.— comply with the applicable timeline under shall include, with respect to ongoing health (1) ADMINISTRATION BY HEALTH CARE PRO- such subparagraph. care items and services, the number of ongo- FESSIONALS.—A utilization review program (B) LIMITED EFFECT OF FAILURE ON PLAN OR ing services approved, the new total of ap- shall be administered by qualified health ISSUER’S OBLIGATIONS.—Failure of the partic- proved services, the date of onset of services, care professionals who shall oversee review ipant, beneficiary, or enrollee to comply and the next review date, if any, as well as a decisions. with the requirements of subparagraph (A) statement of the individual’s rights to fur- (2) USE OF QUALIFIED, INDEPENDENT PER- shall not remove the obligation of the plan ther appeal. SONNEL.— or issuer to make a decision in accordance (ii) RULE OF CONSTRUCTION.—Clause (i) (A) IN GENERAL.—A utilization review pro- with the medical exigencies of the case and shall not be construed as requiring plans or gram shall provide for the conduct of utiliza- as soon as possible, based on the available in- issuers to provide coverage of care that tion review activities only through personnel formation, and failure to comply with the would exceed the coverage limitations for who are qualified and have received appro- time limit established by this paragraph such care. priate training in the conduct of such activi- shall not remove the obligation of the plan (2) RETROSPECTIVE DETERMINATION.—A ties under the program. or issuer to comply with the requirements of group health plan, or health insurance issuer (B) PROHIBITION OF CONTINGENT COMPENSA- this section. offering health insurance coverage, shall TION ARRANGEMENTS.—Such a program shall (3) ORAL REQUESTS.—In the case of a claim make a retrospective determination on a not, with respect to utilization review activi- for benefits involving an expedited or con- claim for benefits in accordance with the ties, permit or provide compensation or any- current determination, a participant, bene- medical exigencies of the case and as soon as

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.075 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12730 CONGRESSIONAL RECORD — SENATE December 8, 2009 possible, but not later than 30 days after the sional who is available to accept such indi- 22(d)(2)). Such reimbursement shall be pro- date on which the plan or issuer receives in- vidual for such care. vided in a manner consistent with subsection formation that is reasonably necessary to (2) LIMITATION.—Paragraph (1) shall not (a)(1)(C). enable the plan or issuer to make a deter- apply to specialty care if the plan or issuer (c) COVERAGE OF EMERGENCY AMBULANCE mination on the claim, or, if earlier, 60 days clearly informs participants, beneficiaries, SERVICES.— after the date of receipt of the claim for ben- and enrollees of the limitations on choice of (1) IN GENERAL.—If a group health plan, or efits. participating health care professionals with health insurance coverage provided by a (c) NOTICE OF A DENIAL OF A CLAIM FOR respect to such care. health insurance issuer, provides any bene- BENEFITS.—Written notice of a denial made (3) CONSTRUCTION.—Nothing in this sub- fits with respect to ambulance services and under an initial claim for benefits shall be section shall be construed as affecting the emergency services, the plan or issuer shall issued to the participant, beneficiary, or en- application of section 114 (relating to access cover emergency ambulance services (as de- rollee (or authorized representative) and the to specialty care). fined in paragraph (2)) furnished under the treating health care professional in accord- SEC. 1612. ACCESS TO EMERGENCY CARE. plan or coverage under the same terms and ance with the medical exigencies of the case (a) COVERAGE OF EMERGENCY SERVICES.— conditions under subparagraphs (A) through and as soon as possible, but in no case later (1) IN GENERAL.—If a group health plan, or (D) of subsection (a)(1) under which coverage than 2 days after the date of the determina- health insurance coverage offered by a is provided for emergency services. tion (or, in the case described in subpara- health insurance issuer, provides or covers (2) EMERGENCY AMBULANCE SERVICES.—For graph (B) or (C) of subsection (b)(1), within any benefits with respect to services in an purposes of this subsection, the term ‘‘emer- the 72-hour or applicable period referred to emergency department of a hospital, the gency ambulance services’’ means ambu- in such subparagraph). plan or issuer shall cover emergency services lance services (as defined for purposes of sec- (d) REQUIREMENTS OF NOTICE OF DETER- (as defined in paragraph (2)(B))— tion 1861(s)(7) of the Social Security Act) fur- MINATIONS.—The written notice of a denial of (A) without the need for any prior author- nished to transport an individual who has an a claim for benefits determination under ization determination; emergency medical condition (as defined in subsection (c) shall be provided in printed (B) whether the health care provider fur- subsection (a)(2)(A)) to a hospital for the re- form and written in a manner calculated to nishing such services is a participating pro- ceipt of emergency services (as defined in be understood by the participant, bene- vider with respect to such services; subsection (a)(2)(B)) in a case in which the ficiary, or enrollee and shall include— (C) in a manner so that, if such services are emergency services are covered under the (1) the specific reasons for the determina- provided to a participant, beneficiary, or en- plan or coverage pursuant to subsection tion (including a summary of the clinical or rollee— (a)(1) and a prudent layperson, with an aver- scientific evidence used in making the deter- (i) by a nonparticipating health care pro- age knowledge of health and medicine, could mination); and vider with or without prior authorization, or reasonably expect that the absence of such (2) the procedures for obtaining additional (ii) by a participating health care provider transport would result in placing the health information concerning the determination. without prior authorization, the participant, of the individual in serious jeopardy, serious (e) DEFINITIONS.—For purposes of this part: beneficiary, or enrollee is not liable for impairment of bodily function, or serious (1) AUTHORIZED REPRESENTATIVE.—The amounts that exceed the amounts of liability dysfunction of any bodily organ or part. term ‘‘authorized representative’’ means, that would be incurred if the services were SEC. 1613. TIMELY ACCESS TO SPECIALISTS. with respect to an individual who is a partic- provided by a participating health care pro- (a) TIMELY ACCESS.— ipant, beneficiary, or enrollee, any health vider with prior authorization; and (1) IN GENERAL.—A group health plan or care professional or other person acting on (D) without regard to any other term or health insurance issuer offering health insur- behalf of the individual with the individual’s condition of such coverage (other than exclu- ance coverage shall ensure that participants, consent or without such consent if the indi- sion or coordination of benefits, or an affili- beneficiaries, and enrollees receive timely vidual is medically unable to provide such ation or waiting period, permitted under sec- access to specialists who are appropriate to consent. tion 2701 of the Public Health Service Act, the condition of, and accessible to, the par- (2) CLAIM FOR BENEFITS.—The term ‘‘claim section 701 of the Employee Retirement In- ticipant, beneficiary, or enrollee, when such for benefits’’ means any request for coverage come Security Act of 1974, or section 9801 of specialty care is a covered benefit under the (including authorization of coverage), for eli- the Internal Revenue Code of 1986, and other plan or coverage. gibility, or for payment in whole or in part, than applicable cost-sharing). (2) RULE OF CONSTRUCTION.—Nothing in for an item or service under a group health (2) DEFINITIONS.—In this section: paragraph (1) shall be construed— plan or health insurance coverage. (A) EMERGENCY MEDICAL CONDITION.—The (A) to require the coverage under a group (3) DENIAL OF CLAIM FOR BENEFITS.—The term ‘‘emergency medical condition’’ means health plan or health insurance coverage of term ‘‘denial’’ means, with respect to a a medical condition manifesting itself by benefits or services; claim for benefits, a denial (in whole or in acute symptoms of sufficient severity (in- (B) to prohibit a plan or issuer from includ- part) of, or a failure to act on a timely basis cluding severe pain) such that a prudent ing providers in the network only to the ex- upon, the claim for benefits and includes a layperson, who possesses an average knowl- tent necessary to meet the needs of the failure to provide benefits (including items edge of health and medicine, could reason- plan’s or issuer’s participants, beneficiaries, and services) required to be provided under ably expect the absence of immediate med- or enrollees; or this part. ical attention to result in a condition de- (C) to override any State licensure or (4) TREATING HEALTH CARE PROFESSIONAL.— scribed in clause (i), (ii), or (iii) of section scope-of-practice law. The term ‘‘treating health care professional’’ 1867(e)(1)(A) of the Social Security Act. (3) ACCESS TO CERTAIN PROVIDERS.— means, with respect to services to be pro- (B) EMERGENCY SERVICES.—The term (A) IN GENERAL.—With respect to specialty vided to a participant, beneficiary, or en- ‘‘emergency services’’ means, with respect to care under this section, if a participating rollee, a health care professional who is pri- an emergency medical condition— specialist is not available and qualified to marily responsible for delivering those serv- (i) a medical screening examination (as re- provide such care to the participant, bene- ices to the participant, beneficiary, or en- quired under section 1867 of the Social Secu- ficiary, or enrollee, the plan or issuer shall rollee. rity Act) that is within the capability of the provide for coverage of such care by a non- Subpart B—Access to Care emergency department of a hospital, includ- participating specialist. SEC. 1611. CHOICE OF HEALTH CARE PROFES- ing ancillary services routinely available to (B) TREATMENT OF NONPARTICIPATING PRO- SIONAL. the emergency department to evaluate such VIDERS.—If a participant, beneficiary, or en- (a) PRIMARY CARE.—If a group health plan, emergency medical condition, and rollee receives care from a nonparticipating or a health insurance issuer that offers (ii) within the capabilities of the staff and specialist pursuant to subparagraph (A), health insurance coverage, requires or pro- facilities available at the hospital, such fur- such specialty care shall be provided at no vides for designation by a participant, bene- ther medical examination and treatment as additional cost to the participant, bene- ficiary, or enrollee of a participating pri- are required under section 1867 of such Act to ficiary, or enrollee beyond what the partici- mary care provider, then the plan or issuer stabilize the patient. pant, beneficiary, or enrollee would other- shall permit each participant, beneficiary, (C) STABILIZE.—The term ‘‘to stabilize’’, wise pay for such specialty care if provided and enrollee to designate any participating with respect to an emergency medical condi- by a participating specialist. primary care provider who is available to ac- tion (as defined in subparagraph (A)), has the (b) REFERRALS.— cept such individual. meaning give in section 1867(e)(3) of the So- (1) AUTHORIZATION.—Subject to subsection (b) SPECIALISTS.— cial Security Act (42 U.S.C. 1395dd(e)(3)). (a)(1), a group health plan or health insur- (1) IN GENERAL.—Subject to paragraph (2), a (b) REIMBURSEMENT FOR MAINTENANCE CARE ance issuer may require an authorization in group health plan and a health insurance AND POST-STABILIZATION CARE.—A group order to obtain coverage for specialty serv- issuer that offers health insurance coverage health plan, and health insurance coverage ices under this section. Any such authoriza- shall permit each participant, beneficiary, or offered by a health insurance issuer, must tion— enrollee to receive medically necessary and provide reimbursement for maintenance care (A) shall be for an appropriate duration of appropriate specialty care, pursuant to ap- and post-stabilization care in accordance time or number of referrals, including an au- propriate referral procedures, from any with the requirements of section 1852(d)(2) of thorization for a standing referral where ap- qualified participating health care profes- the Social Security Act (42 U.S.C. 1395w– propriate; and

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.075 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12731 (B) may not be refused solely because the may not require authorization or referral by respect to the course of treatment by such authorization involves services of a non- the plan, issuer, or any person (including a provider with the provider’s consent during a participating specialist (described in sub- primary care provider described in sub- transitional period (as provided for under section (a)(3)). section (b)(2)) in the case of a female partici- subsection (b)). (2) REFERRALS FOR ONGOING SPECIAL CONDI- pant, beneficiary, or enrollee who seeks cov- (4) CONTINUING CARE PATIENT.—For pur- TIONS.— erage for obstetrical or gynecological care poses of this section, the term ‘‘continuing (A) IN GENERAL.—Subject to subsection provided by a participating health care pro- care patient’’ means a participant, bene- (a)(1), a group health plan or health insur- fessional who specializes in obstetrics or ficiary, or enrollee who— ance issuer shall permit a participant, bene- gynecology. (A) is undergoing a course of treatment for ficiary, or enrollee who has an ongoing spe- (2) OBSTETRICAL AND GYNECOLOGICAL a serious and complex condition from the cial condition (as defined in subparagraph CARE.—A group health plan or health insur- provider at the time the plan or issuer re- (B)) to receive a referral to a specialist for ance issuer described in subsection (b) shall ceives or provides notice of provider, benefit, the treatment of such condition and such treat the provision of obstetrical and gyne- or coverage termination described in para- specialist may authorize such referrals, pro- cological care, and the ordering of related graph (1) (or paragraph (2), if applicable); cedures, tests, and other medical services obstetrical and gynecological items and (B) is undergoing a course of institutional with respect to such condition, or coordinate services, pursuant to the direct access de- or inpatient care from the provider at the the care for such condition, subject to the scribed under paragraph (1), by a partici- time of such notice; terms of a treatment plan (if any) referred to pating health care professional who special- (C) is scheduled to undergo non-elective in subsection (c) with respect to the condi- izes in obstetrics or gynecology as the au- surgery from the provider at the time of tion. thorization of the primary care provider. such notice; (B) ONGOING SPECIAL CONDITION DEFINED.— (b) APPLICATION OF SECTION.—A group (D) is pregnant and undergoing a course of In this subsection, the term ‘‘ongoing special health plan, or health insurance issuer offer- treatment for the pregnancy from the pro- condition’’ means a condition or disease ing health insurance coverage, described in vider at the time of such notice; or that— this subsection is a group health plan or cov- (E) is or was determined to be terminally erage that— (i) is life-threatening, degenerative, poten- ill (as determined under section (1) provides coverage for obstetric or tially disabling, or congenital; and 1861(dd)(3)(A) of the Social Security Act) at gynecologic care; and (ii) requires specialized medical care over a the time of such notice, but only with re- (2) requires the designation by a partici- prolonged period of time. spect to a provider that was treating the ter- pant, beneficiary, or enrollee of a partici- (c) TREATMENT PLANS.— minal illness before the date of such notice. pating primary care provider. (b) TRANSITIONAL PERIODS.— (1) IN GENERAL.—A group health plan or (c) CONSTRUCTION.—Nothing in subsection (1) SERIOUS AND COMPLEX CONDITIONS.—The health insurance issuer may require that the (a) shall be construed to— transitional period under this subsection specialty care be provided— (1) waive any exclusions of coverage under with respect to a continuing care patient de- (A) pursuant to a treatment plan, but only the terms and conditions of the plan or scribed in subsection (a)(4)(A) shall extend if the treatment plan— health insurance coverage with respect to for up to 90 days (as determined by the treat- (i) is developed by the specialist, in con- coverage of obstetrical or gynecological ing health care professional) from the date of sultation with the case manager or primary care; or the notice described in subsection (a)(3)(A). care provider, and the participant, bene- (2) preclude the group health plan or (2) INSTITUTIONAL OR INPATIENT CARE.—The ficiary, or enrollee, and health insurance issuer involved from requir- transitional period under this subsection for (ii) is approved by the plan or issuer in a ing that the obstetrical or gynecological pro- a continuing care patient described in sub- timely manner, if the plan or issuer requires vider notify the primary care health care section (a)(4)(B) shall extend until the ear- such approval; and professional or the plan or issuer of treat- lier of— (B) in accordance with applicable quality ment decisions. (A) the expiration of the 90-day period be- assurance and utilization review standards of SEC. 1616. CONTINUITY OF CARE. ginning on the date on which the notice the plan or issuer. (a) TERMINATION OF PROVIDER.— under subsection (a)(3)(A) is provided; or (2) NOTIFICATION.—Nothing in paragraph (1) (1) IN GENERAL.—If— (B) the date of discharge of the patient shall be construed as prohibiting a plan or (A) a contract between a group health from such care or the termination of the pe- issuer from requiring the specialist to pro- plan, or a health insurance issuer offering riod of institutionalization, or, if later, the vide the plan or issuer with regular updates health insurance coverage, and a treating date of completion of reasonable follow-up on the specialty care provided, as well as all health care provider is terminated (as de- care. other reasonably necessary medical informa- fined in subsection (e)(4)), or (3) SCHEDULED NON-ELECTIVE SURGERY.— tion. (B) benefits or coverage provided by a The transitional period under this subsection (d) SPECIALIST DEFINED.—For purposes of health care provider are terminated because for a continuing care patient described in this section, the term ‘‘specialist’’ means, of a change in the terms of provider partici- subsection (a)(4)(C) shall extend until the with respect to the condition of the partici- pation in such plan or coverage, completion of the surgery involved and post- pant, beneficiary, or enrollee, a health care the plan or issuer shall meet the require- surgical follow-up care relating to the sur- professional, facility, or center that has ade- ments of paragraph (3) with respect to each gery and occurring within 90 days after the quate expertise through appropriate training continuing care patient. date of the surgery. and experience (including, in the case of a (2) TREATMENT OF TERMINATION OF CON- (4) PREGNANCY.—The transitional period child, appropriate pediatric expertise) to pro- TRACT WITH HEALTH INSURANCE ISSUER.—If a under this subsection for a continuing care vide high quality care in treating the condi- contract for the provision of health insur- patient described in subsection (a)(4)(D) shall tion. ance coverage between a group health plan extend through the provision of post-partum SEC. 1614. ACCESS TO PEDIATRIC CARE. and a health insurance issuer is terminated care directly related to the delivery. (a) PEDIATRIC CARE.—In the case of a per- and, as a result of such termination, cov- (5) TERMINAL ILLNESS.—The transitional son who has a child who is a participant, erage of services of a health care provider is period under this subsection for a continuing beneficiary, or enrollee under a group health terminated with respect to an individual, the care patient described in subsection (a)(4)(E) plan, or health insurance coverage offered by provisions of paragraph (1) (and the suc- shall extend for the remainder of the pa- a health insurance issuer, if the plan or ceeding provisions of this section) shall tient’s life for care that is directly related to issuer requires or provides for the designa- apply under the plan in the same manner as the treatment of the terminal illness or its tion of a participating primary care provider if there had been a contract between the plan medical manifestations. for the child, the plan or issuer shall permit and the provider that had been terminated, (c) PERMISSIBLE TERMS AND CONDITIONS.—A such person to designate a physician but only with respect to benefits that are group health plan or health insurance issuer (allopathic or osteopathic) who specializes in covered under the plan after the contract may condition coverage of continued treat- pediatrics as the child’s primary care pro- termination. ment by a provider under this section upon vider if such provider participates in the net- (3) REQUIREMENTS.—The requirements of the provider agreeing to the following terms work of the plan or issuer. this paragraph are that the plan or issuer— and conditions: (b) CONSTRUCTION.—Nothing in subsection (A) notify the continuing care patient in- (1) The treating health care provider (a) shall be construed to waive any exclu- volved, or arrange to have the patient noti- agrees to accept reimbursement from the sions of coverage under the terms and condi- fied pursuant to subsection (d)(2), on a time- plan or issuer and continuing care patient tions of the plan or health insurance cov- ly basis of the termination described in para- involved (with respect to cost-sharing) at the erage with respect to coverage of pediatric graph (1) (or paragraph (2), if applicable) and rates applicable prior to the start of the care. the right to elect continued transitional care transitional period as payment in full (or, in SEC. 1615. PATIENT ACCESS TO OBSTETRICAL from the provider under this section; the case described in subsection (a)(2), at the AND GYNECOLOGICAL CARE. (B) provide the patient with an oppor- rates applicable under the replacement plan (a) GENERAL RIGHTS.— tunity to notify the plan or issuer of the pa- or coverage after the date of the termination (1) DIRECT ACCESS.—A group health plan, or tient’s need for transitional care; and of the contract with the group health plan or health insurance issuer offering health insur- (C) subject to subsection (c), permit the pa- health insurance issuer) and not to impose ance coverage, described in subsection (b) tient to elect to continue to be covered with cost-sharing with respect to the patient in

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.075 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12732 CONGRESSIONAL RECORD — SENATE December 8, 2009 an amount that would exceed the cost-shar- health plan or health insurance issuer in re- insurance issuer offering health insurance ing that could have been imposed if the con- lation to health insurance coverage (includ- coverage, the participating health care pro- tract referred to in subsection (a)(1) had not ing any partnership, association, or other or- fessionals and providers through whom the been terminated. ganization that enters into or administers plan or issuer provides health care items and (2) The treating health care provider such a contract or agreement) and a health services to participants, beneficiaries, or en- agrees to adhere to the quality assurance care provider (or group of health care pro- rollees. standards of the plan or issuer responsible viders) shall not prohibit or otherwise re- (7) NONPARTICIPATING.—The term ‘‘non- for payment under paragraph (1) and to pro- strict a health care professional from advis- participating’’ means, with respect to a vide to such plan or issuer necessary medical ing such a participant, beneficiary, or en- health care provider that provides health information related to the care provided. rollee who is a patient of the professional care items and services to a participant, ben- (3) The treating health care provider about the health status of the individual or eficiary, or enrollee under group health plan agrees otherwise to adhere to such plan’s or medical care or treatment for the individ- or health insurance coverage, a health care issuer’s policies and procedures, including ual’s condition or disease, regardless of provider that is not a participating health procedures regarding referrals and obtaining whether benefits for such care or treatment care provider with respect to such items and prior authorization and providing services are provided under the plan or coverage, if services. pursuant to a treatment plan (if any) ap- the professional is acting within the lawful (8) PARTICIPATING.—The term ‘‘partici- proved by the plan or issuer. scope of practice. pating’’ means, with respect to a health care (d) RULES OF CONSTRUCTION.—Nothing in (b) NULLIFICATION.—Any contract provision provider that provides health care items and this section shall be construed— or agreement that restricts or prohibits med- services to a participant, beneficiary, or en- (1) to require the coverage of benefits ical communications in violation of sub- rollee under group health plan or health in- which would not have been covered if the section (a) shall be null and void. surance coverage offered by a health insur- provider involved remained a participating Subpart D—Definitions ance issuer, a health care provider that fur- nishes such items and services under a con- provider; or SEC. 1631. DEFINITIONS. (2) with respect to the termination of a tract or other arrangement with the plan or (a) INCORPORATION OF GENERAL DEFINI- contract under subsection (a) to prevent a issuer. TIONS.—Except as otherwise provided, the (9) PRIOR AUTHORIZATION.—The term ‘‘prior group health plan or health insurance issuer provisions of section 2791 of the Public from requiring that the health care pro- authorization’’ means the process of obtain- Health Service Act shall apply for purposes ing prior approval from a health insurance vider— of this part in the same manner as they (A) notify participants, beneficiaries, or issuer or group health plan for the provision apply for purposes of title XXVII of such or coverage of medical services. enrollees of their rights under this section; Act. or (10) TERMS AND CONDITIONS.—The term (b) SECRETARY.—Except as otherwise pro- ‘‘terms and conditions’’ includes, with re- (B) provide the plan or issuer with the vided, the term ‘‘Secretary’’ means the Sec- name of each participant, beneficiary, or en- spect to a group health plan or health insur- retary of Health and Human Services, in con- ance coverage, requirements imposed under rollee who the provider believes is a con- sultation with the Secretary of Labor and tinuing care patient. this part with respect to the plan or cov- the term ‘‘appropriate Secretary’’ means the erage. (e) DEFINITIONS.—In this section: Secretary of Health and Human Services in SEC. 1632. PREEMPTION; STATE FLEXIBILITY; (1) CONTRACT.—The term ‘‘contract’’ in- relation to carrying out this part under sec- cludes, with respect to a plan or issuer and a CONSTRUCTION. tions 2706 and 2751 of the Public Health Serv- (a) CONTINUED APPLICABILITY OF STATE treating health care provider, a contract be- ice Act and the Secretary of Labor in rela- LAW WITH RESPECT TO HEALTH INSURANCE tween such plan or issuer and an organized tion to carrying out this part under section ISSUERS.— network of providers that includes the treat- 713 of the Employee Retirement Income Se- (1) IN GENERAL.—Subject to paragraph (2), ing health care provider, and (in the case of curity Act of 1974. this part shall not be construed to supersede such a contract) the contract between the (c) ADDITIONAL DEFINITIONS.—For purposes any provision of State law which establishes, treating health care provider and the orga- of this part: implements, or continues in effect any nized network. (1) APPLICABLE AUTHORITY.—The term ‘‘ap- standard or requirement solely relating to (2) HEALTH CARE PROVIDER.—The term plicable authority’’ means— health insurance issuers (in connection with ‘‘health care provider’’ or ‘‘provider’’ (A) in the case of a group health plan, the group health insurance coverage or other- means— Secretary of Health and Human Services and wise) except to the extent that such standard (A) any individual who is engaged in the the Secretary of Labor; and or requirement prevents the application of a delivery of health care services in a State (B) in the case of a health insurance issuer requirement of this part. and who is required by State law or regula- with respect to a specific provision of this (2) CONTINUED PREEMPTION WITH RESPECT TO tion to be licensed or certified by the State part, the applicable State authority (as de- GROUP HEALTH PLANS.—Nothing in this part to engage in the delivery of such services in fined in section 2791(d) of the Public Health shall be construed to affect or modify the the State; and Service Act), or the Secretary of Health and provisions of section 514 of the Employee Re- (B) any entity that is engaged in the deliv- Human Services, if such Secretary is enforc- tirement Income Security Act of 1974 with ery of health care services in a State and ing such provision under section 2722(a)(2) or respect to group health plans. that, if it is required by State law or regula- 2761(a)(2) of the Public Health Service Act. (3) CONSTRUCTION.—In applying this sec- tion to be licensed or certified by the State (2) ENROLLEE.—The term ‘‘enrollee’’ tion, a State law that provides for equal ac- to engage in the delivery of such services in means, with respect to health insurance cov- cess to, and availability of, all categories of the State, is so licensed. erage offered by a health insurance issuer, an licensed health care providers and services (3) SERIOUS AND COMPLEX CONDITION.—The individual enrolled with the issuer to receive shall not be treated as preventing the appli- term ‘‘serious and complex condition’’ such coverage. cation of any requirement of this part. means, with respect to a participant, bene- (3) GROUP HEALTH PLAN.—The term ‘‘group (b) APPLICATION OF SUBSTANTIALLY COMPLI- ficiary, or enrollee under the plan or cov- health plan’’ has the meaning given such ANT STATE LAWS.— erage— term in section 733(a) of the Employee Re- (1) IN GENERAL.—In the case of a State law (A) in the case of an acute illness, a condi- tirement Income Security Act of 1974, except that imposes, with respect to health insur- tion that is serious enough to require spe- that such term includes a employee welfare ance coverage offered by a health insurance cialized medical treatment to avoid the rea- benefit plan treated as a group health plan issuer and with respect to a group health sonable possibility of death or permanent under section 732(d) of such Act or defined as plan that is a non-Federal governmental harm; or such a plan under section 607(1) of such Act. plan, a requirement that substantially com- (B) in the case of a chronic illness or condi- (4) HEALTH CARE PROFESSIONAL.—The term plies (within the meaning of subsection (c)) tion, is an ongoing special condition (as de- ‘‘health care professional’’ means an indi- with a patient protection requirement (as de- fined in section (b)(2)(B)). vidual who is licensed, accredited, or cer- fined in paragraph (3)) and does not prevent (4) TERMINATED.—The term ‘‘terminated’’ tified under State law to provide specified the application of other requirements under includes, with respect to a contract, the ex- health care services and who is operating this subtitle (except in the case of other sub- piration or nonrenewal of the contract, but within the scope of such licensure, accredita- stantially compliant requirements), in ap- does not include a termination of the con- tion, or certification. plying the requirements of this part under tract for failure to meet applicable quality (5) HEALTH CARE PROVIDER.—The term section 2720 and 2754 (as applicable) of the standards or for fraud. ‘‘health care provider’’ includes a physician Public Health Service Act (as added by part Subpart C—Protecting the Doctor-Patient or other health care professional, as well as II), subject to subsection (a)(2)— Relationship an institutional or other facility or agency (A) the State law shall not be treated as SEC. 1621. PROHIBITION OF INTERFERENCE that provides health care services and that is being superseded under subsection (a); and WITH CERTAIN MEDICAL COMMU- licensed, accredited, or certified to provide (B) the State law shall apply instead of the NICATIONS. health care items and services under applica- patient protection requirement otherwise (a) GENERAL RULE.—The provisions of any ble State law. applicable with respect to health insurance contract or agreement, or the operation of (6) NETWORK.—The term ‘‘network’’ means, coverage and non-Federal governmental any contract or agreement, between a group with respect to a group health plan or health plans.

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.075 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12733

(2) LIMITATION.—In the case of a group (ii) promptly publish in the Federal Reg- of subtitle H of title I of the Patient Protec- health plan covered under title I of the Em- ister a notice that a State has submitted a tion and Affordable Care Act, and each ployee Retirement Income Security Act of certification under paragraph (1); health insurance issuer shall comply with 1974, paragraph (1) shall be construed to (iii) promptly publish in the Federal Reg- patient protection requirements under such apply only with respect to the health insur- ister the notice described in clause (i) with part with respect to group health insurance ance coverage (if any) offered in connection respect to the State; and coverage it offers, and such requirements with the plan. (iv) annually publish the status of all shall be deemed to be incorporated into this (3) DEFINITIONS.—In this section: States with respect to certifications. subsection.’’. (A) PATIENT PROTECTION REQUIREMENT.— (4) CONSTRUCTION.—Nothing in this sub- (b) CONFORMING AMENDMENT.—Section The term ‘‘patient protection requirement’’ section shall be construed as preventing the 2721(b)(2)(A) of such Act (42 U.S.C. 300gg– means a requirement under this part, and in- certification (and approval of certification) 21(b)(2)(A)) is amended by inserting ‘‘(other cludes (as a single requirement) a group or of a State law under this subsection solely than section 2720)’’ after ‘‘requirements of related set of requirements under a section because it provides for greater protections such subparts’’. or similar unit under this part. for patients than those protections otherwise SEC. 1642. APPLICATION TO INDIVIDUAL HEALTH (B) SUBSTANTIALLY COMPLIANT.—The terms required to establish substantial compliance. INSURANCE COVERAGE. ‘‘substantially compliant’’, substantially (5) PETITIONS.— Part B of title XXVII of the Public Health complies’’, or ‘‘substantial compliance’’ with (A) PETITION PROCESS.—Effective on the Service Act is amended by inserting after respect to a State law, mean that the State date on which the provisions of this subtitle section 2753 the following new section: law has the same or similar features as the become effective, as provided for in section ‘‘SEC. 2754. PATIENT PROTECTION STANDARDS. patient protection requirements and has a 1652, a group health plan, health insurance ‘‘Each health insurance issuer shall com- similar effect. issuer, participant, beneficiary, or enrollee ply with patient protection requirements (c) DETERMINATIONS OF SUBSTANTIAL COM- may submit a petition to the Secretary for under part I of subtitle H of title I of the Pa- PLIANCE.— an advisory opinion as to whether or not a tient Protection and Affordable Care Act (1) CERTIFICATION BY STATES.—A State may standard or requirement under a State law with respect to individual health insurance submit to the Secretary a certification that applicable to the plan, issuer, participant, coverage it offers, and such requirements a State law provides for patient protections beneficiary, or enrollee that is not the sub- shall be deemed to be incorporated into this that are at least substantially compliant ject of a certification under this subsection, subsection.’’. with one or more patient protection require- is superseded under subsection (a)(1) because SEC. 1643. COOPERATION BETWEEN FEDERAL ments. Such certification shall be accom- such standard or requirement prevents the AND STATE AUTHORITIES. panied by such information as may be re- application of a requirement of this part. Part C of title XXVII of the Public Health quired to permit the Secretary to make the (B) OPINION.—The Secretary shall issue an Service Act (42 U.S.C. 300gg–91 et seq.), as determination described in paragraph (2)(A). advisory opinion with respect to a petition amended by section 1002, is further amended (2) REVIEW.— submitted under subparagraph (A) within the by adding at the end the following: (A) IN GENERAL.—The Secretary shall 60-day period beginning on the date on which ‘‘SEC. 2795. COOPERATION BETWEEN FEDERAL promptly review a certification submitted such petition is submitted. AND STATE AUTHORITIES. under paragraph (1) with respect to a State (d) DEFINITIONS.—For purposes of this sec- ‘‘(a) AGREEMENT WITH STATES.—A State law to determine if the State law substan- tion: may enter into an agreement with the Sec- tially complies with the patient protection (1) STATE LAW.—The term ‘‘State law’’ in- retary for the delegation to the State of requirement (or requirements) to which the cludes all laws, decisions, rules, regulations, some or all of the Secretary’s authority law relates. or other State action having the effect of under this title to enforce the requirements (B) APPROVAL DEADLINES.— law, of any State. A law of the United States applicable under part I of subtitle H of title (i) INITIAL REVIEW.—Such a certification is applicable only to the District of Columbia I of the Patient Protection and Affordable considered approved unless the Secretary no- shall be treated as a State law rather than a Care Act with respect to health insurance tifies the State in writing, within 90 days law of the United States. coverage offered by a health insurance issuer after the date of receipt of the certification, (2) STATE.—The term ‘‘State’’ includes a and with respect to a group health plan that that the certification is disapproved (and the State, the District of Columbia, Puerto Rico, is a non-Federal governmental plan. reasons for disapproval) or that specified ad- the Virgin Islands, Guam, American Samoa, ‘‘(b) DELEGATIONS.—Any department, agen- ditional information is needed to make the the Northern Mariana Islands, any political cy, or instrumentality of a State to which determination described in subparagraph subdivisions of such, or any agency or in- authority is delegated pursuant to an agree- (A). strumentality of such. ment entered into under this section may, if (ii) ADDITIONAL INFORMATION.—With re- SEC. 1633. REGULATIONS. authorized under State law and to the extent spect to a State that has been notified by the The Secretaries of Health and Human consistent with such agreement, exercise the Secretary under clause (i) that specified ad- Services and Labor shall issue such regula- powers of the Secretary under this title ditional information is needed to make the tions as may be necessary or appropriate to which relate to such authority.’’. carry out this part. Such regulations shall be determination described in subparagraph PART III—AMENDMENTS TO THE EM- issued consistent with section 104 of Health (A), the Secretary shall make the determina- PLOYEE RETIREMENT INCOME SECU- Insurance Portability and Accountability tion within 60 days after the date on which RITY ACT OF 1974 such specified additional information is re- Act of 1996. Such Secretaries may promul- SEC. 1651. APPLICATION OF PATIENT PROTEC- ceived by the Secretary. gate any interim final rules as the Secre- taries determine are appropriate to carry out TION STANDARDS TO GROUP (3) APPROVAL.— HEALTH PLANS AND GROUP HEALTH (A) IN GENERAL.—The Secretary shall ap- this part. INSURANCE COVERAGE UNDER THE prove a certification under paragraph (1) un- SEC. 1634. INCORPORATION INTO PLAN OR COV- EMPLOYEE RETIREMENT INCOME less— ERAGE DOCUMENTS. SECURITY ACT OF 1974. (i) the State fails to provide sufficient in- The requirements of this part with respect (a) IN GENERAL.—Subpart B of part 7 of formation to enable the Secretary to make a to a group health plan or health insurance subtitle B of title I of the Employee Retire- determination under paragraph (2)(A); or coverage are deemed to be incorporated into, ment Income Security Act of 1974, as amend- (ii) the Secretary determines that the and made a part of, such plan or the policy, ed by section 1562, is further amended by State law involved does not provide for pa- certificate, or contract providing such cov- adding at the end the following new section: tient protections that substantially comply erage and are enforceable under law as if di- ‘‘SEC. 716. PATIENT PROTECTION STANDARDS. with the patient protection requirement (or rectly included in the documentation of such ‘‘(a) IN GENERAL.—Subject to subsection requirements) to which the law relates. plan or such policy, certificate, or contract. (b), a group health plan (and a health insur- (B) STATE CHALLENGE.—A State that has a PART II—APPLICATION OF QUALITY CARE ance issuer offering group health insurance certification disapproved by the Secretary STANDARDS TO GROUP HEALTH PLANS coverage in connection with such a plan) under subparagraph (A) may challenge such AND HEALTH INSURANCE COVERAGE shall comply with the requirements of part I disapproval in the appropriate United States UNDER THE PUBLIC HEALTH SERVICE of subtitle H of title I of the Patient Protec- district court. ACT tion and Affordable Care Act (as in effect as (C) DEFERENCE TO STATES.—With respect to SEC. 1641. APPLICATION TO GROUP HEALTH of the date of the enactment of such Act), a certification submitted under paragraph PLANS AND GROUP HEALTH INSUR- and such requirements shall be deemed to be (1), the Secretary shall give deference to the ANCE COVERAGE. incorporated into this subsection. State’s interpretation of the State law in- (a) IN GENERAL.—Subpart 2 of part A of ‘‘(b) PLAN SATISFACTION OF CERTAIN RE- volved and the compliance of the law with a title XXVII of the Public Health Service Act, QUIREMENTS.— patient protection requirement. as amended by section 1001, is further ‘‘(1) SATISFACTION OF CERTAIN REQUIRE- (D) PUBLIC NOTIFICATION.—The Secretary amended by adding at the end the following MENTS THROUGH INSURANCE.—For purposes of shall— new section: subsection (a), insofar as a group health plan (i) provide a State with a notice of the de- ‘‘SEC. 2720. PATIENT PROTECTION STANDARDS. provides benefits in the form of health insur- termination to approve or disapprove a cer- ‘‘Each group health plan shall comply with ance coverage through a health insurance tification under this paragraph; patient protection requirements under part I issuer, the plan shall be treated as meeting

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.075 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12734 CONGRESSIONAL RECORD — SENATE December 8, 2009 the following requirements of part I of sub- the date on which the last of the collective its employees or members shall not be title H of title I of the Patient Protection bargaining agreements relating to the cov- deemed to be a health insurer or a medical and Affordable Care Act with respect to such erage terminates. Any coverage amendment malpractice insurer, provided that this ex- benefits and not be considered as failing to made pursuant to a collective bargaining clusion shall not apply to a separate entity meet such requirements because of a failure agreement relating to the coverage which that issues insurance or to an organization of the issuer to meet such requirements so amends the coverage solely to conform to whose sole or primary membership benefit is long as the plan sponsor or its representa- any requirement added by this section (or insurance.’’. tives did not cause such failure by the issuer: amendments) shall not be treated as a termi- ‘‘(A) Section 1611 (relating to choice of nation of such collective bargaining agree- SA 3068. Mr. KYL (for himself, Mr. health care professional). ment. ROBERTS, Mr. VITTER, Mr. GRASSLEY, ‘‘(B) Section 1612 (relating to access to SEC. 1652. EFFECTIVE DATE. Mr. CRAPO, Mr. COBURN, Mr. BARRASSO, emergency care). This subtitle (and the amendments made and Mr. JOHANNS) submitted an amend- ‘‘(C) Section 1613 (relating to timely access by this subtitle) shall become effective for ment intended to be proposed to to specialists). plan years beginning on or after the date amendment SA 2786 proposed by Mr. ‘‘(D) Section 1614 (relating to access to pe- that is 6 months after the date of enactment REID (for himself, Mr. BAUCUS, Mr. diatric care). of this Act. ‘‘(E) Section 1615 (relating to patient ac- DODD, and Mr. HARKIN) to the bill H.R. cess to obstetrical and gynecological care). SA 3066. Mrs. BOXER submitted an 3590, to amend the Internal Revenue ‘‘(F) Section 1616 (relating to continuity of amendment intended to be proposed to Code of 1986 to modify the first-time care), but only insofar as a replacement amendment SA 2786 proposed by Mr. homebuyers credit in the case of mem- issuer assumes the obligation for continuity REID (for himself, Mr. BAUCUS, Mr. bers of the Armed Forces and certain of care. DODD, and Mr. HARKIN) to the bill H.R. other Federal employees, and for other ‘‘(2) APPLICATION TO PROHIBITIONS.—Pursu- purposes; which was ordered to lie on ant to rules of the Secretary, if a health in- 3590, to amend the Internal Revenue surance issuer offers health insurance cov- Code of 1986 to modify the first-time the table; as follows: erage in connection with a group health plan homebuyers credit in the case of mem- At the appropriate place, insert the fol- and takes an action in violation of section bers of the Armed Forces and certain lowing: 1621 of the Patient Protection and Affordable other Federal employees, and for other SEC. ll. PROHIBITION ON CERTAIN USES OF DATA OBTAINED FROM COMPARA- Care Act (relating to prohibition of inter- purposes; which was ordered to lie on ference with certain medical communica- TIVE EFFECTIVENESS RESEARCH; the table; as follows: ACCOUNTING FOR PERSONALIZED tions), the group health plan shall not be lia- MEDICINE AND DIFFERENCES IN PA- ble for such violation unless the plan caused On page 1907, after line 25, add the fol- lowing: TIENT TREATMENT RESPONSE. such violation. (a) IN GENERAL.—Notwithstanding any ‘‘(P) An entity that is owned or operated ‘‘(3) CONSTRUCTION.—Nothing in this sub- other provision of law, a Federal depart- by a unit of local government which provides section shall be construed to affect or modify ment, office, or representative— mental health or health care services and is the responsibilities of the fiduciaries of a (1) shall not use data obtained from the located in a county in which the rate of group health plan under part 4 of subtitle B. conduct of comparative effectiveness re- uninsurance is above the national rate of ‘‘(4) TREATMENT OF SUBSTANTIALLY COMPLI- search, including such research that is con- uninsurance for the under-65 population, ANT STATE LAWS.—For purposes of applying ducted or supported using funds appropriated based on the best available estimate of the this subsection, any reference in this sub- under the American Recovery and Reinvest- rate of uninsurance published by the Bureau section to a requirement in a section or ment Act of 2009 (Public Law 111–5), to deny of the Census.’’. other provision in subtitle H of title I of the coverage of an item or service under a Fed- Patient Protection and Affordable Care Act SA 3067. Mr. PRYOR (for himself, eral health care program (as defined in sec- with respect to a health insurance issuer is tion 1128B(f) of the Social Security Act (42 deemed to include a reference to a require- Mrs. BOXER, and Mr. ROCKEFELLER) U.S.C. 1320a–7b(f))), including under plans of- ment under a State law that substantially submitted an amendment intended to fered under the Federal Employees Health complies (as determined under section 1632(c) be proposed to amendment SA 2786 pro- Benefits Program (under chapter 89 of title 5, of such Act) with the requirement in such posed by Mr. REID (for himself, Mr. United States Code), or under private health section or other provisions. BAUCUS, Mr. DODD, and Mr. HARKIN) to insurance; and ‘‘(c) CONFORMING REGULATIONS.—The Sec- the bill H.R. 3590, to amend the Inter- (2) shall ensure that comparative effective- retary shall issue regulations to coordinate ness research conducted or supported by the the requirements on group health plans and nal Revenue Code of 1986 to modify the first-time homebuyers credit in the Federal Government accounts for factors health insurance issuers under this section contributing to differences in the treatment with the requirements imposed under the case of members of the Armed Forces response and treatment preferences of pa- other provisions of this title.’’. and certain other Federal employees, tients, including patient-reported outcomes, (b) SATISFACTION OF ERISA CLAIMS PROCE- and for other purposes; which was or- genomics and personalized medicine, the DURE REQUIREMENT.—Section 503 of such Act dered to lie on the table; as follows: unique needs of health disparity populations, (29 U.S.C. 1133) is amended by inserting ‘‘(a)’’ At the appropriate place, insert the fol- and indirect patient benefits. after ‘‘SEC. 503.’’ and by adding at the end lowing: (b) RULE OF CONSTRUCTION.—Nothing in the following new subsection: ll this section shall be construed as affecting ‘‘(b) In the case of a group health plan (as SEC. . FEDERAL TRADE COMMISSION OVER- SIGHT OVER HEALTH INSURANCE the authority of the Commissioner of Food defined in section 733) compliance with the ISSUERS. and Drugs under the Federal Food, Drug, and requirements of subpart A of part I of sub- Section 6 of the Federal Trade Commission Cosmetic Act or the Public Health Service title H of title I of the Patient Protection Act (15 U.S.C. 46) is amended in the undesig- Act. and Affordable Care Act, and compliance nated matter following subsection (l), by (c) PATIENT CENTERED OUTCOMES RESEARCH with regulations promulgated by the Sec- striking ‘‘Nothing’’ and all that follows INSTITUTE BOARD.—Notwithstanding section retary, in the case of a claims denial shall be through ‘‘was made.’’ and inserting the fol- 1181(f)(1)(A) and (B) of the Social Security deemed compliance with subsection (a) with lowing: Act (as added by section 6301(a)), no Federal respect to such claims denial.’’. ‘‘Notwithstanding the Act of March 9, 1945 officer or employee (including Federally (c) CONFORMING AMENDMENTS.—(1) Section (15 U.S.C. 1011 et seq.) and the definition of elected officials and members of Congress) 732(a) of such Act (29 U.S.C. 1185(a)) is corporation in section 4, the Commission shall serve on the Board of Governors of the amended by striking ‘‘section 711’’ and in- may use the authority described in this sec- Patient Centered Outcomes Research Insti- serting ‘‘sections 711 and 716’’. tion to conduct studies, prepare reports, and tute. (2) The table of contents in section 1 of disclose information relating to insurance, such Act is amended by inserting after the without regard to whether the subject of the SA 3069. Mr. KOHL submitted an item relating to section 715 the following study, report, or the information is for-profit amendment intended to be proposed by new item: or not-for-profit. him to the bill H.R. 3590, to amend the ‘‘Sec. 716. Patient protection standards’’. ‘‘Subject to the Act of March 9, 1945 (15 Internal Revenue Code of 1986 to mod- (d) EFFECT ON COLLECTIVE BARGAINING U.S.C. 1011 et seq.) and notwithstanding the ify the first-time homebuyers credit in AGREEMENTS.—In the case of health insur- definition of corporation in section 4, the the case of members of the Armed ance coverage maintained pursuant to one or provisions of this Act shall apply to an in- Forces and certain other Federal em- more collective bargaining agreements be- surer without regard to whether such insurer tween employee representatives and one or is for-profit or not-for-profit. For purposes of ployees, and for other purposes; which more employers that was ratified before the this paragraph, an employer or membership was ordered to lie on the table; as fol- date of enactment of this title, the provi- organization not organized for its own profit lows: sions of this section (and the amendments or that of its members that provides health At the appropriate place, insert the fol- made by this section) shall not apply until care or medical malpractice benefits only to lowing:

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.075 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12735 TITLE ll—COMBATING ELDER ABUSE House of Representatives, and the Secretary opment, and other types of support to State AND SILVER ALERTS of Health and Human Services, and make prosecutors and courts, employees of State SEC. l11. SHORT TITLE. available to the States, a report that con- Attorneys General, and Medicaid Fraud Con- This title may be cited as the ‘‘Combating tains— trol Units handling elder justice-related Elder Abuse and National Silver Alert Act of (A) the findings of the study conducted matters. 2009’’. under paragraph (1); (b) CREATING SPECIALIZED POSITIONS.— (B) a description of the objectives, prior- Grants under this section may be made for— Subtitle A—Elder Abuse Victims Act of 2009 ities, policies, and a long-term plan devel- (1) the establishment of specially des- SEC. l21. SHORT TITLE. oped under paragraph (2); and ignated elder justice positions or units in This subtitle may be cited as the ‘‘Elder (C) a list, description, and analysis of the State prosecutors’ offices and State courts; Abuse Victims Act of 2009’’. best practices used by States to develop, im- and PART I—ELDER ABUSE VICTIMS plement, maintain, and improve elder justice (2) the creation of a position to coordinate systems, based on such findings. elder justice-related cases, training, tech- SEC. l31. ANALYSIS, REPORT, AND REC- OMMENDATIONS RELATED TO (b) GAO RECOMMENDATIONS.—Not later nical assistance, and policy development for ELDER JUSTICE PROGRAMS. than 18 months after the date of enactment State prosecutors and courts. (a) IN GENERAL.—Subject to the avail- of this Act, the Comptroller General shall re- (c) AUTHORIZATION OF APPROPRIATIONS.— ability of appropriations to carry out this view existing Federal programs and initia- There are authorized to be appropriated to section, the Attorney General, in consulta- tives in the Federal criminal justice system carry out this section $6,000,000 for each of tion with the Secretary of Health and relevant to elder justice and shall submit to the fiscal years 2010 through 2016. Human Services, shall carry out the fol- Congress— SEC. l35. SUPPORTING LAW ENFORCEMENT IN lowing: (1) a report on such programs and initia- ELDER JUSTICE MATTERS. (1) STUDY.—Conduct a study of laws and tives; and (a) IN GENERAL.—Subject to the avail- practices relating to elder abuse, neglect, (2) any recommendations the Comptroller ability of appropriations under this section, and exploitation, which shall include— General determines are appropriate to im- the Attorney General, after consultation (A) a comprehensive description of State prove elder justice in the United States. with the Secretary of Health and Human laws and practices relating to elder abuse, (c) AUTHORIZATION OF APPROPRIATIONS.— Services, the Postmaster General, and the neglect, and exploitation; There are authorized to be appropriated to Chief Postal Inspector for the United States (B) a comprehensive analysis of the effec- carry out this section $6,000,000 for each of Postal Inspection Service, shall award grants tiveness of such State laws and practices; the fiscal years 2010 through 2016. to eligible entities to provide training, tech- and SEC. l32. VICTIM ADVOCACY GRANTS. nical assistance, multidisciplinary coordina- (C) an examination of State laws and prac- (a) GRANTS AUTHORIZED.—The Attorney tion, policy development, and other types of tices relating to specific elder abuse, neglect, General, after consultation with the Sec- support to police, sheriffs, detectives, public and exploitation issues, including— retary of Health and Human Services, may safety officers, corrections personnel, and (i) the definition of— award grants to eligible entities to study the other first responders who handle elder jus- (I) ‘‘elder’’; special needs of victims of elder abuse, ne- tice-related matters, to fund specially des- (II) ‘‘abuse’’; glect, and exploitation. ignated elder justice positions or units de- (III) ‘‘neglect’’; (b) AUTHORIZED ACTIVITIES.—Funds award- signed to support first responders in elder (IV) ‘‘exploitation’’; and ed pursuant to subsection (a) shall be used justice matters. (V) such related terms the Attorney Gen- for pilot programs that— (b) AUTHORIZATION OF APPROPRIATIONS.— eral determines to be appropriate; (1) develop programs for and provide train- There are authorized to be appropriated to (ii) mandatory reporting laws, with respect ing to health care, social, and protective carry out this section $8,000,000 for each of to— services providers, law enforcement, fidu- the fiscal years 2010 through 2016. (I) who is a mandated reporter; ciaries (including guardians), judges and SEC. l36. EVALUATIONS. (II) to whom must they report and within court personnel, and victim advocates; and (a) GRANTS UNDER THIS PART.— what time frame; and (2) examine special approaches designed to (1) IN GENERAL.—In carrying out the grant (III) any consequences for not reporting; meet the needs of victims of elder abuse, ne- programs under this part, the Attorney Gen- (iii) evidentiary, procedural, sentencing, glect, and exploitation. eral shall— choice of remedies, and data retention issues (c) AUTHORIZATION OF APPROPRIATIONS.— (A) require each recipient of a grant to use relating to pursuing cases relating to elder There are authorized to be appropriated to a portion of the funds made available abuse, neglect, and exploitation; carry out this section $3,000,000 for each of through the grant to conduct a validated (iv) laws requiring reporting of all nursing the fiscal years 2010 through 2016. evaluation of the effectiveness of the activi- home deaths to the county coroner or to SEC. l33. SUPPORTING LOCAL PROSECUTORS ties carried out through the grant by such some other individual or entity; AND COURTS IN ELDER JUSTICE recipient; or (v) fiduciary laws, including guardianship MATTERS. (B) as the Attorney General considers ap- and power of attorney laws; (a) GRANTS AUTHORIZED.—Subject to the propriate, use a portion of the funds avail- (vi) laws that permit or encourage banks availability of appropriations under this sec- able under this part for a grant program and bank employees to prevent and report tion, the Attorney General, after consulta- under this part to provide assistance to an suspected elder abuse, neglect, and exploi- tion with the Secretary of Health and eligible entity to conduct a validated evalua- tation; Human Services, shall award grants to eligi- tion of the effectiveness of the activities car- (vii) laws relating to fraud and related ac- ble entities to provide training, technical as- ried out through such grant program by each tivities in connection with mail, tele- sistance, policy development, multidisci- of the grant recipients. marketing, or the Internet; plinary coordination, and other types of sup- (2) APPLICATIONS.— (viii) laws that may impede research on port to local prosecutors and courts handling (A) SUBMISSION.—To be eligible to receive a elder abuse, neglect, and exploitation; elder justice-related cases, including— grant under this part, an entity shall submit (ix) practices relating to the enforcement (1) funding specially designated elder jus- an application to the Attorney General at of laws relating to elder abuse, neglect, and tice positions or units in local prosecutors’ such time, in such manner, and containing exploitation; and offices and local courts; and such information as the Attorney General (x) practices relating to other aspects of (2) funding the creation of a Center for the may require, which shall include— elder justice. Prosecution of Elder Abuse, Neglect, and Ex- (i) a proposal for the evaluation required in (2) DEVELOPMENT OF PLAN.—Develop objec- ploitation to advise and support local pros- accordance with paragraph (1)(A); and tives, priorities, policies, and a long-term ecutors and courts nationwide in the pursuit (ii) the amount of assistance under para- plan for elder justice programs and activities of cases involving elder abuse, neglect, and graph (1)(B) the entity is requesting, if any. relating to— exploitation. (B) REVIEW AND ASSISTANCE.— (A) prevention and detection of elder (b) AUTHORIZATION OF APPROPRIATIONS.— (i) IN GENERAL.—An employee of the De- abuse, neglect, and exploitation; There are authorized to be appropriated to partment of Justice, after consultation with (B) intervention and treatment for victims carry out this section $6,000,000 for each of an employee of the Department of Health of elder abuse, neglect, and exploitation; the fiscal years 2010 through 2016. and Human Services with expertise in eval- (C) training, evaluation, and research re- SEC. l34. SUPPORTING STATE PROSECUTORS uation methodology, shall review each appli- lated to elder justice programs and activi- AND COURTS IN ELDER JUSTICE cation described in subparagraph (A) and de- ties; and MATTERS. termine whether the methodology described (D) improvement of the elder justice sys- (a) IN GENERAL.—Subject to the avail- in the proposal under subparagraph (A)(i) is tem in the United States. ability of appropriations under this section, adequate to gather meaningful information. (3) REPORT.—Not later than 2 years after the Attorney General, after consultation (ii) DENIAL.—If the reviewing employee de- the date of enactment of this Act, submit to with the Secretary of Health and Human termines the methodology described in such the chairman and ranking member of the Services, shall award grants to eligible enti- proposal is inadequate, the reviewing em- Special Committee on Aging of the Senate, ties to provide training, technical assistance, ployee shall recommend that the Attorney and the Speaker and minority leader of the multidisciplinary coordination, policy devel- General deny the application for the grant,

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.077 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12736 CONGRESSIONAL RECORD — SENATE December 8, 2009

or make recommendations for how the appli- tity receives a grant under this section the (D) JOB PLACEMENT ASSISTANCE.—A pro- cation should be amended. entity shall provide a record of community gram that provides job placement assistance (iii) NOTICE TO APPLICANT.—If the Attorney coordination or established contacts de- and information on employment, training, or General denies the application on the basis scribed in such paragraph through memo- volunteer opportunities for victims of elder of such proposal, the Attorney General shall randa of understanding, contracts, sub- abuse. inform the applicant of the reasons the ap- contracts, and other such documentation. (E) BEREAVEMENT COUNSELING.—A program plication was denied, and offer assistance to (c) ADMINISTRATIVE PROVISIONS.— that provides bereavement counseling for the applicant in modifying the proposal. (1) CONSULTATION.—Each program estab- families of victims of elder abuse. (b) OTHER GRANTS.—Subject to the avail- lished pursuant to this section shall be de- (F) OTHER SERVICES.—A program that pro- ability of appropriations under this section, veloped and carried out in consultation with vides such other care, services, and assist- the Attorney General shall award grants to the following entities, as appropriate: ance as the entity considers appropriate for appropriate entities to conduct validated (A) Relevant Federal, State, and local pub- purposes of the program. evaluations of grant activities that are fund- lic and private agencies and entities, relat- (f) TECHNICAL ASSISTANCE.—The Director ed by Federal funds not provided under this ing to elder abuse, neglect, and exploitation shall enter into contracts with private enti- part, or other funds, to reduce elder abuse, and other crimes against elderly individuals. ties with experience in elder abuse coordina- neglect, and exploitation. (B) Local law enforcement including po- tion or victim services to provide such tech- (c) AUTHORIZATION OF APPROPRIATIONS.— lice, sheriffs, detectives, public safety offi- nical assistance to grantees under this sec- There are authorized to be appropriated to cers, corrections personnel, prosecutors, tion as the entity determines appropriate. carry out this section $7,000,000 for each of medical examiners, investigators, and coro- (g) REPORTS TO CONGRESS.—Not later than the fiscal years 2010 through 2016. ners. 12 months after the commencement of the SEC. l37. DEFINITIONS. (C) Long-term care and nursing facilities. Program, and annually thereafter, the entity In this part: (2) GRANT PERIOD.—Grants under the Pro- shall submit a report to the Chairman and (1) ELDER.—The term ‘‘elder’’ means an in- gram shall be issued for a three-year period. Ranking Member of the Committee on the dividual age 60 or older. (3) LOCATIONS.—The Program shall be car- Judiciary of the House of Representatives, and the Chairman and Ranking Member of (2) ELDER JUSTICE.—The term ‘‘elder jus- ried out in six geographically and demo- tice’’ means— graphically diverse locations, taking into ac- the Special Committee on Aging of the Sen- (A) from a societal perspective, efforts to— count— ate. Each report shall include the following: (i) prevent, detect, treat, intervene in, and (A) the number of elderly individuals resid- (1) A description and assessment of the im- prosecute elder abuse, neglect, and exploi- ing in or near an area; and plementation of the Program. tation; and (B) the difficulty of access to immediate (2) An assessment of the effectiveness of (ii) protect elders with diminished capacity short-term housing and health services for the Program in providing care and services while maximizing their autonomy; and victims of elder abuse. to seniors, including a comparative assess- (d) PERSONNEL.—In providing care and (B) from an individual perspective, the rec- ment of effectiveness for each of the loca- services, each program established pursuant ognition of an elder’s rights, including the tions designated under subsection (c)(3) for to this section may employ a staff to assist right to be free of abuse, neglect, and exploi- the Program. in creating an Emergency Crisis Response tation. (3) An assessment of the effectiveness of Teams under subsection (e)(1). the coordination for programs described in (3) ELIGIBLE ENTITIES.—The term ‘‘eligible (e) USE OF GRANTS.— subsection (e) in contributing toward the ef- entity’’ means a State or local government (1) EMERGENCY CRISIS RESPONSE TEAM.— agency, Indian tribe or tribal organization, fectiveness of the Program. Each entity that receives a grant under this (4) Such recommendations as the entity or any other public or nonprofit private enti- section shall use such grant to establish an ty that is engaged in and has expertise in considers appropriate for modifications of Emergency Crisis Response Team program the Program in order to better provide care issues relating to elder justice or a field nec- by not later than the date that is six months essary to promote elder justice efforts. and services to seniors. after the entity receives the grant. Under (h) DEFINITIONS.—For purposes of this sec- PART II—ELDER SERVE VICTIM GRANT such program the following shall apply: tion: PROGRAMS (A) Such program shall include immediate, (1) ELDER ABUSE.—The term ‘‘elder abuse’’ SEC. l41. ESTABLISHMENT OF ELDER SERVE short-term emergency services, including means any type of violence or abuse, wheth- VICTIM GRANT PROGRAMS. shelter, care services, food, clothing, trans- er mental or physical, inflicted upon an el- (a) ESTABLISHMENT.—The Attorney Gen- portation to medical or legal appointment as derly individual, and any type of criminal fi- eral, acting through the Director of the Of- appropriate, and any other life services nancial exploitation of an elderly individual. fice of Victims of Crime of the Department deemed necessary by the entity for victims (2) ELDERLY INDIVIDUAL.—The term ‘‘elder- of Justice (in this section referred to as the of elder abuse. ly individual’’ means an individual who is ‘‘Director’’), shall, subject to appropriations, (B) Such program shall provide services to age 60 or older. carry out a three-year grant program to be victims of elder abuse, including those who (i) AUTHORIZATION OF APPROPRIATIONS.— known as the Elder Serve Victim grant pro- have been referred to the program through There is authorized to be appropriated for gram (in this section referred to as the ‘‘Pro- the adult protective services agency of the the Department of Justice to carry out this gram’’) to provide grants to eligible entities local law enforcement or any other relevant section $3,000,000 for each of the fiscal years to establish programs to facilitate and co- law enforcement or referral agency. 2010 through 2012. ordinate programs described in subsection (C) A victim of elder abuse may not receive Subtitle B—National Silver Alert (e) for victims of elder abuse. short-term housing under the program for SEC. l51. SHORT TITLE. (b) ELIGIBILITY REQUIREMENTS FOR GRANT- more than 30 consecutive days. This subtitle may be cited as the ‘‘Na- EES.—To be eligible to receive a grant under (D) The entity that established the pro- tional Silver Alert Act’’. the Program, an entity must meet the fol- gram shall enter into arrangements with the SEC. l52. DEFINITIONS. lowing criteria: relevant local law enforcement agencies so For purposes of this subtitle: (1) ELIGIBLE CRIME VICTIM ASSISTANCE PRO- that the program receives quarterly reports (1) STATE.—The term ‘‘State’’ means each GRAM.—The entity is a crime victim assist- from such agencies on elder abuse. of the 50 States, the District of Columbia, ance program receiving a grant under the (2) ADDITIONAL SERVICES REQUIRED TO BE the Commonwealth of Puerto Rico, the Victims of Crime Act of 1984 (42 U.S.C. 1401 PROVIDED.—Not later than one year after the United States Virgin Islands, Guam, Amer- et seq.) for the period described in subsection date an entity receives a grant under this ican Samoa, and the Commonwealth of the (c)(2) with respect to the grant sought under section, such entity shall have established Northern Mariana Islands. this section. the following programs (and community col- (2) MISSING SENIOR.—The term ‘‘missing (2) COORDINATION WITH LOCAL COMMUNITY laborations to support such programs): senior’’ refers to any individual who— BASED AGENCIES AND SERVICES.—The entity (A) COUNSELING.—A program that provides (A) is reported to, or identified by, a law shall demonstrate to the satisfaction of the counseling and assistance for victims of enforcement agency as a missing person; and Director that such entity has a record of elder abuse accessing health care, edu- (B) meets the requirements to be des- community coordination or established con- cational, pension, or other benefits for which ignated as a missing senior, as determined tacts with other county and local services seniors may be eligible under Federal or ap- by the State in which the individual is re- that serve elderly individuals. plicable State law. ported or identified as a missing person. (3) ABILITY TO CREATE ECRT ON TIMELY (B) MENTAL HEALTH SCREENING.—A pro- SEC. l53. SILVER ALERT COMMUNICATIONS NET- BASIS.—The entity shall demonstrate to the gram that provides mental health screenings WORK. satisfaction of the Director the ability of the for victims of elder abuse to identify and The Attorney General shall, subject to the entity to create, not later than 6 months seek assistance for potential mental health availability of appropriations under section after receiving such grant, an Emergency disorders such as depression or substance l57, establish a national Silver Alert com- Crisis Response Team program described in abuse. munications network within the Department subsection (e)(1) and the programs described (C) EMERGENCY LEGAL ADVOCACY.—A pro- of Justice to provide assistance to regional in subsection (e)(2). gram that provides legal advocacy for vic- and local search efforts for missing seniors For purposes of meeting the criteria de- tims of elder abuse and, as appropriate, their through the initiation, facilitation, and pro- scribed in paragraph (2), for each year an en- families. motion of local elements of the network

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.077 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12737 (known as Silver Alert plans) in coordination determines are necessary to the success of extent practicable (as determined by the Co- with States, units of local government, law the Silver Alert communications network; ordinator in consultation with State and enforcement agencies, and other concerned and local law enforcement agencies), provide entities with expertise in providing services (6) act as the nationwide point of contact that appropriate information relating to the to seniors. for— special needs of a missing senior (including SEC. l54. SILVER ALERT COORDINATOR. (A) the development of the network; and health care needs) are disseminated to the (a) NATIONAL COORDINATOR WITHIN DEPART- (B) regional coordination of alerts for appropriate law enforcement, public health, MENT OF JUSTICE.—The Attorney General missing seniors through the network. and other public officials. shall designate an individual of the Depart- (c) COORDINATION.— (3) GEOGRAPHIC AREAS.—The minimum ment of Justice to act as the national coor- (1) COORDINATION WITH OTHER AGENCIES.— standards shall, to the maximum extent dinator of the Silver Alert communications The Coordinator shall coordinate and con- practicable (as determined by the Coordi- network. The individual so designated shall sult with the Secretary of Transportation, nator in consultation with State and local be known as the Silver Alert Coordinator of the Federal Communications Commission, law enforcement agencies), provide that the the Department of Justice (referred to in the Assistant Secretary for Aging of the De- dissemination of an alert through the Silver this subtitle as the ‘‘Coordinator’’). partment of Health and Human Services, the Alert communications network be limited to (b) DUTIES OF THE COORDINATOR.—In acting head of the Missing Alzheimer’s Disease Pa- the geographic areas which the missing sen- as the national coordinator of the Silver tient Alert Program, and other appropriate ior could reasonably reach, considering the Alert communications network, the Coordi- offices of the Department of Justice in car- missing senior’s circumstances and physical nator shall— rying out activities under this subtitle. and mental condition, the modes of transpor- (1) work with States to encourage the de- (2) STATE AND LOCAL COORDINATION.—The tation available to the missing senior, and velopment of additional Silver Alert plans in Coordinator shall consult with local broad- the circumstances of the disappearance. the network; casters and State and local law enforcement (4) AGE REQUIREMENTS.—The minimum (2) establish voluntary guidelines for agencies in establishing minimum standards standards shall not include any specific age States to use in developing Silver Alert under section l55 and in carrying out other requirement for an individual to be classified plans that will promote compatible and inte- activities under this subtitle, as appropriate. as a missing senior for purposes of the Silver grated Silver Alert plans throughout the (d) ANNUAL REPORTS.—Not later than one Alert communication network. Age require- United States, including— year after the date of enactment of this Act, ments for determinations of whether an indi- (A) a list of the resources necessary to es- and annually thereafter, the Coordinator vidual is a missing senior shall be deter- tablish a Silver Alert plan; shall submit to Congress a report on the ac- mined by each State, and may vary from (B) criteria for evaluating whether a situa- tivities of the Coordinator and the effective- tion warrants issuing a Silver Alert, taking State to State. ness and status of the Silver Alert plans of (5) PRIVACY AND CIVIL LIBERTIES PROTEC- into consideration the need for the use of each State that has established or is in the such Alerts to be limited in scope because TIONS.—The minimum standards shall— process of establishing such a plan. Each (A) ensure that alerts issued through the the effectiveness of the Silver Alert commu- such report shall include— nications network may be affected by over- Silver Alert communications network com- (1) a list of States that have established ply with all applicable Federal, State, and use, including criteria to determine— Silver Alert plans; (i) whether the mental capacity of a senior local privacy laws and regulations; and (2) a list of States that are in the process (B) include standards that specifically pro- who is missing, and the circumstances of his of establishing Silver Alert plans; or her disappearance, warrant the issuance a vide for the protection of the civil liberties (3) for each State that has established such and sensitive medical information of missing Silver Alert; and a plan, to the extent the data is available— (ii) whether the individual who reports seniors. (A) the number of Silver Alerts issued; (6) STATE AND LOCAL VOLUNTARY COORDINA- that a senior is missing is an appropriate and (B) the number of individuals located suc- credible source on which to base the issuance TION.—In carrying out the activities under cessfully; subsection (a), the Coordinator may not of a Silver Alert; (C) the average period of time between the (C) a description of the appropriate uses of interfere with the current system of vol- issuance of a Silver Alert and the location of the Silver Alert name to readily identify the untary coordination between local broad- the individual for whom such Alert was nature of search efforts for missing seniors; casters and State and local law enforcement issued; and agencies for purposes of the Silver Alert (D) the State agency or authority issuing (D) recommendations on how to protect communications network. Silver Alerts, and the process by which Sil- the privacy, dignity, independence, and au- ver Alerts are disseminated; SEC. l56. TRAINING AND OTHER RESOURCES. tonomy of any missing senior who may be (E) the cost of establishing and operating the subject of a Silver Alert; (a) TRAINING AND EDUCATIONAL PRO- such a plan; (3) develop proposed protocols for efforts to GRAMS.—The Coordinator shall make avail- (F) the criteria used by the State to deter- recover missing seniors and to reduce the able to States, units of local government, mine whether to issue a Silver Alert; and number of seniors who are reported missing, (G) the extent to which missing individuals law enforcement agencies, and other con- including protocols for procedures that are for whom Silver Alerts were issued crossed cerned entities that are involved in initi- needed from the time of initial notification State lines; ating, facilitating, or promoting Silver Alert of a law enforcement agency that the senior (4) actions States have taken to protect plans, including broadcasters, first respond- is missing through the time of the return of the privacy and dignity of the individuals for ers, dispatchers, public safety communica- the senior to family, guardian, or domicile, whom Silver Alerts are issued; tions personnel, and radio station per- as appropriate, including— (5) ways that States have facilitated and sonnel— (A) public safety communications protocol; improved communication about missing in- (1) training and educational programs re- (B) case management protocol; dividuals between families, caregivers, law lated to the Silver Alert communication net- (C) command center operations; enforcement officials, and other authorities; work and the capabilities, limitations, and (D) reunification protocol; and and anticipated behaviors of missing seniors, (E) incident review, evaluation, debriefing, (6) any other information the Coordinator which shall be updated regularly to encour- and public information procedures; determines to be appropriate. age the use of new tools, technologies, and (4) work with States to ensure appropriate SEC. l55. MINIMUM STANDARDS FOR ISSUANCE resources in Silver Alert plans; and regional coordination of various elements of AND DISSEMINATION OF ALERTS (2) informational materials, including bro- the network; THROUGH SILVER ALERT COMMU- chures, videos, posters, and websites to sup- (5) establish an advisory group to assist NICATIONS NETWORK. port and supplement such training and edu- States, units of local government, law en- (a) ESTABLISHMENT OF MINIMUM STAND- cational programs. forcement agencies, and other entities in- ARDS.—Subject to subsection (b), the Coordi- volved in the Silver Alert communications nator shall establish minimum standards (b) COORDINATION.—The Coordinator shall network with initiating, facilitating, and for— coordinate— promoting Silver Alert plans, which shall in- (1) the issuance of alerts through the Sil- (1) with the Assistant Secretary for Aging clude— ver Alert communications network; and of the Department of Health and Human (A) to the maximum extent practicable, (2) the extent of the dissemination of alerts Services in developing the training and edu- representation from the various geographic issued through the network. cational programs and materials under sub- regions of the United States; and (b) LIMITATIONS.— section (a); and (B) members who are— (1) VOLUNTARY PARTICIPATION.—The min- (2) with the head of the Missing Alz- (i) representatives of senior citizen advo- imum standards established under sub- heimer’s Disease Patient Alert Program cacy groups, law enforcement agencies, and section (a) of this section, and any other within the Department of Justice, to deter- public safety communications; guidelines and programs established under mine if any existing material with respect to (ii) broadcasters, first responders, dis- section l54, shall be adoptable on a vol- training programs or educational materials patchers, and radio station personnel; and untary basis only. developed or used as subtitle of such Patient (iii) representatives of any other individ- (2) DISSEMINATION OF INFORMATION.—The Alert Program are appropriate and may be uals or organizations that the Coordinator minimum standards shall, to the maximum used for the programs under subsection (a).

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.077 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12738 CONGRESSIONAL RECORD — SENATE December 8, 2009 SEC. l57. AUTHORIZATION OF APPROPRIATIONS these adults and many of them are never re- SEC. 2504. EXCEPTION TO MEDICAID COVERAGE FOR THE SILVER ALERT COMMU- united with their families. EXCLUSION OF WEIGHT LOSS DRUGS NICATIONS NETWORK. (2) Missing adults are at great risk of both AND INCLUSION OF WEIGHT LOSS There are authorized to be appropriated to physical harm and sexual exploitation. DRUGS AS COVERED MEDICARE PART D DRUGS. the Department of Justice such sums as may (3) In most cases, families and local law en- (a) ELIMINATION OF MEDICAID EXCLUSION.— be necessary to carry out the Silver Alert forcement officials have neither the re- Section 1927(d)(2)(A) of the Social Security communications network as authorized sources nor the expertise to undertake ap- Act (42 U.S.C. 1396r-8(d)(2)(A)) is amended by under this subtitle. propriate search efforts for a missing adult. inserting ‘‘, other than prescription weight SEC. l58. GRANT PROGRAM FOR SUPPORT OF (4) The search for a missing adult requires loss agents approved by the Food and Drug SILVER ALERT PLANS. cooperation and coordination among Fed- Administration when used for obese patients (a) GRANT PROGRAM.—Subject to the avail- eral, State, and local law enforcement agen- or for overweight patients with a weight-re- ability of appropriations to carry out this cies and assistance from distant commu- lated co-morbidity, such as hypertension, section, the Attorney General shall carry nities where the adult may be located. type 2 diabetes, or dyslipidemia’’ after out a program to provide grants to States for (5) Federal assistance is urgently needed to ‘‘weight gain’’. the development and enhancement of pro- help with coordination among such agencies. grams and activities for the support of Silver (b) INCLUSION OF COVERAGE UNDER MEDI- Alert plans and the Silver Alert communica- SEC. l63. GRANTS FOR THE ASSISTANCE OF OR- CARE PART D.—Section 1860D-2(e)(1) of the tions network. GANIZATIONS TO FIND MISSING Social Security Act (42 U.S.C. 1395w-102(e)(1)) ADULTS. (b) ACTIVITIES.—Activities funded by is amended in the flush matter after and grants under the program under subsection (a) GRANTS.— below subparagraph (B), by inserting ‘‘and (a) may include— (1) GRANT PROGRAM.—Subject to the avail- prescription weight loss agents approved by (1) the development and implementation of ability of appropriations to carry out this the Food and Drug Administration when education and training programs, and associ- section, the Attorney General shall make used for obese patients or for overweight pa- ated materials, relating to Silver Alert competitive grants to public agencies or tients with a weight-related co-morbidity plans; nonprofit private organizations, or combina- such as hypertension, type 2 diabetes or (2) the development and implementation of tions thereof, to— dyslipidemia,’’ before the period. law enforcement programs, and associated (A) maintain a national resource center (c) EFFECTIVE DATE.—The amendments equipment, relating to Silver Alert plans; and information clearinghouse for missing made by this section shall apply to services (3) the development and implementation of and unidentified adults; furnished on or after January 1, 2011. new technologies to improve Silver Alert (B) maintain a national, interconnected communications; and database for the purpose of tracking missing SA 3071. Mrs. HAGAN submitted an (4) such other activities as the Attorney adults who are determined by law enforce- amendment intended to be proposed to General considers appropriate for supporting ment to be endangered due to age, dimin- amendment SA 2786 proposed by Mr. the Silver Alert communications network. ished mental capacity, or the circumstances REID (for himself, Mr. BAUCUS, Mr. (c) FEDERAL SHARE.—The Federal share of of disappearance, when foul play is suspected DODD, and Mr. HARKIN) to the bill H.R. the cost of any activities funded by a grant or circumstances are unknown; 3590, to amend the Internal Revenue under the program under subsection (a) may (C) coordinate public and private programs Code of 1986 to modify the first-time that locate or recover missing adults or re- not exceed 50 percent. homebuyers credit in the case of mem- (d) DISTRIBUTION OF GRANTS ON GEOGRAPHIC unite missing adults with their families; BASIS.—The Attorney General shall, to the (D) provide assistance and training to law bers of the Armed Forces and certain maximum extent practicable, ensure the dis- enforcement agencies, State and local gov- other Federal employees, and for other tribution of grants under the program under ernments, elements of the criminal justice purposes; which was ordered to lie on subsection (a) on an equitable basis through- system, nonprofit organizations, and individ- the table; as follows: out the various regions of the United States. uals in the prevention, investigation, pros- On page 861, between lines 19 and 20, insert (e) ADMINISTRATION.—The Attorney Gen- ecution, and treatment of cases involving the following: eral shall prescribe requirements, including missing adults; SEC. 3137A. TREATMENT OF CERTAIN MEDICARE application requirements, for grants under (E) provide assistance to families in locat- GEOGRAPHIC CLASSIFICATION RE- the program under subsection (a). ing and recovering missing adults; and VIEW BOARD (MGCRB) RECLASSI- (f) AUTHORIZATION OF APPROPRIATIONS.— (F) assist in public notification and victim FICATIONS. (1) There is authorized to be appropriated advocacy related to missing adults. (a) IN GENERAL.—Notwithstanding any to the Department of Justice $5,000,000 for (2) APPLICATIONS.—The Attorney General other provision of law, for purposes of mak- each of the fiscal years 2010 through 2014 to shall periodically solicit applications for ing payments under Section 1886(d) of the carry out this section and, in addition, grants under this section by publishing a re- Social Security Act (42 U.S.C. 1395 ww (d)), $5,000,000 for each of the fiscal years 2010 quest for applications in the Federal Reg- the Secretary of Health and Human Services through 2014 to carry out subsection (b)(3). ister and by posting such a request on the shall permit any hospital with Medicare Geo- (2) Amounts appropriated pursuant to the website of the Department of Justice. graphic Classification Review Board reclassi- authorization of appropriations in paragraph (b) OTHER DUTIES.—The Attorney General fications that overlap for one fiscal year (1) shall remain available until expended. shall— with the option to continue year three of the SEC. l59. SAMMY KIRK VOLUNTARY ELECTRONIC (1) coordinate programs relating to missing earlier reclassification while waiving year MONITORING PROGRAM. adults that are funded by the Federal Gov- one of the subsequent reclassification. Such (a) PROGRAM AUTHORIZED.—The Attorney ernment; and option shall be in addition to the option to General, after consultation with the Sec- (2) encourage coordination between State immediately transition to year one of the retary of Health and Human Services, is au- and local law enforcement and public agen- subsequent reclassification with the loss of thorized to award grants to States and units cies and nonprofit private organizations re- year three of the earlier reclassification. of local government to carry out programs ceiving a grant pursuant to subsection (a). (b) APPLICATION.— to provide voluntary electronic monitoring (1) IN GENERAL.—Subsection (a) shall apply services to elderly individuals to assist in SEC. l64. AUTHORIZATION OF APPROPRIATIONS. to discharges occurring on or after October 1, the location of such individuals if such indi- There are authorized to be appropriated to 2009. viduals are reported as missing. carry out this subtitle $4,000,000 for each of (2) SPECIAL RULE FOR FY 2010.—In the case of (b) AUTHORIZATION OF APPROPRIATIONS.— fiscal years 2010 through 2020. any hospital whose year three Medicare Geo- There are authorized to be appropriated to graphic Classification Review Board reclassi- carry out this section $2,000,000 for each of fication was lost or eliminated for fiscal 2010, the fiscal years 2010 through 2014. SA 3070. Mrs. HAGAN submitted an the Secretary of Health and Human Services (c) DESIGNATION.—The grant program au- amendment intended to be proposed to shall establish a process under which such thorized under this section shall be referred amendment SA 2786 proposed by Mr. hospital shall have 30 days from the date of to as the ‘‘Sammy Kirk Voluntary Elec- REID (for himself, Mr. BAUCUS, Mr. the enactment of this Act to notify the Sec- tronic Monitoring Program’’. DODD, and Mr. HARKIN) to the bill H.R. retary of the hospital’s election to continue Subtitle C—Kristen’s Act Reauthorization 3590, to amend the Internal Revenue for fiscal 2010 the third year of their earlier Medicare Geographic Classification Review SEC. l61. SHORT TITLE. Code of 1986 to modify the first-time Board reclassification. This subtitle may be cited as ‘‘Kristen’s homebuyers credit in the case of mem- Act Reauthorization of 2009’’. bers of the Armed Forces and certain SA 3072. Mrs. HAGAN submitted an SEC. l62. FINDINGS. other Federal employees, and for other amendment intended to be proposed to Congress finds the following: purposes; which was ordered to lie on amendment SA 2786 proposed by Mr. (1) Every year thousands of adults become the table; as follows: missing due to advanced age, diminished REID (for himself, Mr. BAUCUS, Mr. mental capacity, or foul play. Often there is On page 510, between lines 9 and 10, insert DODD, and Mr. HARKIN) to the bill H.R. no information regarding the whereabouts of the following: 3590, to amend the Internal Revenue

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.077 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12739 Code of 1986 to modify the first-time SEC. l. ADULT DAY HEALTH CARE SERVICES. Title III of the Public Health Service Act (42 homebuyers credit in the case of mem- (a) IN GENERAL.—The Secretary of Health U.S.C. 241 et seq.), as amended by section bers of the Armed Forces and certain and Human Services shall not— 4303, is further amended by adding at the end other Federal employees, and for other (1) withhold, suspend, disallow, or other- the following: wise deny Federal financial participation ‘‘PART V—PROGRAMS RELATING TO purposes; which was ordered to lie on under section 1903(a) of the Social Security the table; as follows: CONGENITAL HEART DISEASE Act (42 U.S.C. 1396b(a)) for the provision of ‘‘SEC. 399NN-1. PUBLIC EDUCATION AND AWARE- On page 1255, line 14, after the first period adult day health care services, day activity NESS OF CONGENITAL HEART DIS- insert the following: and health services, or adult medical day EASE. ‘‘SEC. 399MM–4. WORKPLACE DISEASE MANAGE- care services, as defined under a State Med- ‘‘(a) IN GENERAL.—The Secretary, acting MENT AND WELLNESS PUBLIC-PRI- icaid plan approved during or before 1994, through the Director of the Centers for Dis- VATE PARTNERSHIP. during such period if such services are pro- ease Control and Prevention and in collabo- ‘‘(a) IN GENERAL.—The Secretary, in co- vided consistent with such definition and the ration with appropriate congenital heart dis- ordination with the Secretary of Labor, the requirements of such plan; or ease patient organizations and professional Secretary of the Treasury, the Secretary of (2) withdraw Federal approval of any such organizations, may directly or through Commerce, the Administrator of the Small State plan or part thereof regarding the pro- grants, cooperative agreements, or contracts Business Administration, employers (includ- vision of such services (by regulation or oth- to eligible entities conduct, support, and pro- ing small, medium, and large employers), erwise). mote a comprehensive public education and employer organizations, worksite health pro- (b) EFFECTIVE DATE.—Subsection (a) shall awareness campaign to increase public and motion organizations, State and local health apply with respect to services provided on or medical community awareness regarding departments, Indian tribes and tribal organi- after October 1, 2008. congenital heart disease, including the need zations, and academic institutions, shall pro- for life-long treatment of congenital heart vide for the implementation of a national SA 3074. Mrs. FEINSTEIN submitted disease survivors. public-private partnership to— an amendment intended to be proposed ‘‘(b) ELIGIBILITY FOR GRANTS.—To be eligi- ‘‘(1) promote the benefits of workplace to amendment SA 2786 proposed by Mr. ble to receive a grant, cooperative agree- wellness programs; ment, or contract under this section, an en- REID (for himself, Mr. BAUCUS, Mr. ‘‘(2) understand what types of disease pre- tity shall be a State or private nonprofit en- vention and workplace wellness programs DODD, and Mr. HARKIN) to the bill H.R. tity and shall submit to the Secretary an ap- are effective, considering different environ- 3590, to amend the Internal Revenue plication at such time, in such manner, and ments, factors, and circumstances; Code of 1986 to modify the first-time containing such information as the Sec- ‘‘(3) understand the obstacles to the imple- homebuyers credit in the case of mem- retary may require.’’. mentation of disease prevention and work- bers of the Armed Forces and certain ‘‘SEC. 399NN-2. NATIONAL CONGENITAL HEART place wellness programs, issues relating to other Federal employees, and for other DISEASE REGISTRY. employer size and resources, and best prac- purposes; which was ordered to lie on ‘‘(a) IN GENERAL.—The Secretary, acting tices for the scalable implementation of such through the Director of the Centers for Dis- programs; the table; as follows: ease Control and Prevention, may— ‘‘(4) understand what factors influence em- On page 453, between lines 5 and 6, insert ‘‘(1) enhance and expand infrastructure to ployees to participate in workplace disease the following: track the epidemiology of congenital heart prevention and wellness programs; SEC. 2203. PERMITTING LOCAL PUBLIC AGENCIES disease and to organize such information ‘‘(5) emphasize an integrated and coordi- TO ACT AS MEDICAID ENROLLMENT into a nationally-representative surveillance nated approach to workplace disease man- BROKERS. system with development of a population- agement and wellness programs; Section 1903(b)(4) of the Social Security based registry of actual occurrences of con- ‘‘(6) ensure informed decisions through the Act (42 U.S.C. 1396b(b)(4)) is amended by add- genital heart disease, to be known as the sharing of high quality information and best ing at the end the following new subpara- ‘National Congenital Heart Disease Reg- practices; and graph: istry’; or ‘‘(7) recommend policies to encourage or ‘‘(C)(i) Subparagraphs (A) and (B) shall not ‘‘(2) award a grant to one eligible entity to stimulate the utilization of worksite disease apply in the case of a local public agency undertake the activities described in para- management and wellness programs, includ- that is acting as an enrollment broker under graph (1). ing specific recommendations as to the types a contract or memorandum with a State ‘‘(b) PURPOSE.—The purpose of the Con- of technical and other assistance that may medicaid agency, provided the local public genital Heart Disease Registry shall be to fa- be necessary to fully implement section agency does not have a direct or indirect fi- cilitate further research into the types of 399MM. nancial interest with any medicaid managed health services patients use and to identify ‘‘(b) REPORT.—Not later than 180 days after care plan for which it provides enrollment possible areas for educational outreach and the date of enactment of this Act, the Sec- broker services. prevention in accordance with standard prac- retary shall submit to the Committee on ‘‘(ii) In determining whether a local public tices of the Centers for Disease Control and Health, Education, Labor, and Pensions of agency has a direct or indirect financial in- Prevention. the Senate and the Committee on Energy terest with a medicaid managed care plan ‘‘(c) CONTENT.—The Congenital Heart Dis- and Commerce of the House of Representa- under clause (i), the status of a local public ease Registry— tives, a report that contains— agency as a contractor of the plan does not ‘‘(1) may include information concerning ‘‘(1) the findings of the public-private part- constitute having a direct or indirect finan- the incidence and prevalence of congenital nership implemented under subsection (a); cial interest with the plan.’’. heart disease in the United States; and ‘‘(2) may be used to collect and store data ‘‘(2) recommendations for statutory SA 3075. Mr. DURBIN submitted an on congenital heart disease, including data changes that may be required or useful to amendment intended to be proposed to concerning— implement the findings described in para- amendment SA 2786 proposed by Mr. ‘‘(A) demographic factors associated with graph (1) and to encourage the development REID (for himself, Mr. BAUCUS, Mr. congenital heart disease, such as age, race, of worksite disease management and ethnicity, sex, and family history of individ- DODD, and Mr. HARKIN) to the bill H.R. wellness programs. uals who are diagnosed with the disease; ‘‘(c) RECOMMENDATIONS BY CDC.—The Di- 3590, to amend the Internal Revenue ‘‘(B) risk factors associated with the dis- rector of the Centers for Disease Control and Code of 1986 to modify the first-time ease; Prevention shall collect information con- homebuyers credit in the case of mem- ‘‘(C) causation of the disease; cerning workplace wellness programs and bers of the Armed Forces and certain ‘‘(D) treatment approaches; and make recommendations to the Secretary on other Federal employees, and for other ‘‘(E) outcome measures, such that analysis ways to improve such programs.’’. purposes; which was ordered to lie on of the outcome measures will allow deriva- the table; as follows: tion of evidence-based best practices and SA 3073. Mrs. FEINSTEIN submitted guidelines for congenital heart disease pa- On page 1266, between lines 17 and 18, insert an amendment intended to be proposed tients; and the following: by her to the bill H.R. 3590, to amend ‘‘(3) may ensure the collection and analysis the Internal Revenue Code of 1986 to Subtitle F—Programs Relating to Congenital of longitudinal data related to individuals of modify the first-time homebuyers cred- Heart Disease all ages with congenital heart disease, in- it in the case of members of the Armed SEC. 4501. PROGRAMS RELATING TO CON- cluding infants, young children, adolescents, Forces and certain other Federal em- GENITAL HEART DISEASE. and adults of all ages. (a) SHORT TITLE.—This subtitle may be ‘‘(d) COORDINATION WITH FEDERAL, STATE, ployees, and for other purposes; which cited as the ‘‘Congenital Heart Futures Act’’. AND LOCAL REGISTRIES.—In establishing the was ordered to lie on the table; as fol- (b) PROGRAMS RELATING TO CONGENITAL National Congenital Heart Registry, the Sec- lows: HEART DISEASE.— retary may identify, build upon, expand, and At the appropriate place, insert the fol- (1) PUBLIC EDUCATION AND AWARENESS; NA- coordinate among existing data and surveil- lowing: TIONAL REGISTRY; ADVISORY COMMITTEE.— lance systems, surveys, registries, and other

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.079 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12740 CONGRESSIONAL RECORD — SENATE December 8, 2009 Federal public health infrastructure, includ- the Secretary concerning the information cessation agents approved by the Food and ing— described in subsection (c), including rec- Drug Administration) for cessation of to- ‘‘(1) State birth defects surveillance sys- ommendations with respect to the results of bacco use by individuals who use tobacco tems; the Advisory Committee’s review of such in- products or who are being treated for to- ‘‘(2) the State birth defects tracking sys- formation.’’. bacco use that is furnished— tems of the Centers for Disease Control and (2) CONGENITAL HEART DISEASE RESEARCH.— ‘‘(A) by or under the supervision of a physi- Prevention; Subpart 2 of part C of title IV of the Public cian; or ‘‘(3) the Metropolitan Atlanta Congenital Health Service Act (42 U.S.C. 285b et seq.) is ‘‘(B) by any other health care professional Defects Program; and amended by adding at the end the following: who— ‘‘(4) the National Birth Defects Prevention ‘‘SEC. 425. CONGENITAL HEART DISEASE. ‘‘(i) is legally authorized to furnish such Network. ‘‘(a) IN GENERAL.—The Director of the In- services under State law (or the State regu- ‘‘(e) PUBLIC ACCESS.—The Congenital Heart stitute may expand, intensify, and coordi- latory mechanism provided by State law) of Disease Registry shall be made available to nate research and related activities of the the State in which the services are fur- the public, as appropriate, including con- Institute with respect to congenital heart nished; and genital heart disease researchers. disease, which may include congenital heart ‘‘(ii) is authorized to receive payment for ‘‘(f) PATIENT PRIVACY.—The Secretary disease research with respect to— other services under this title or is des- shall ensure that the Congenital Heart Dis- ‘‘(1) causation of congenital heart disease, ignated by the Secretary for this purpose. ease Registry is maintained in a manner including genetic causes; ‘‘(2) Subject to paragraph (3), such term is that complies with the regulations promul- ‘‘(2) long-term outcomes in individuals limited to— gated under section 264 of the Health Insur- with congenital heart disease, including in- ‘‘(A) services recommended with respect to ance Portability and Accountability Act of fants, children, teenagers, adults, and elderly individuals in ‘Treating Tobacco Use and De- 1996. individuals; pendence: 2008 Update: A Clinical Practice ‘‘(g) ELIGIBILITY FOR GRANT.—To be eligible ‘‘(3) diagnosis, treatment, and prevention; Guideline’, published by the Public Health to receive a grant under subsection (a)(2), an ‘‘(4) studies using longitudinal data and Service in May 2008, or any subsequent modi- entity shall— retrospective analysis to identify effective fication of such Guideline; and ‘‘(1) be a public or private nonprofit entity treatments and outcomes for individuals ‘‘(B) such other services that the Secretary with specialized experience in congenital with congenital heart disease; and recognizes to be effective for cessation of to- heart disease; and ‘‘(5) identifying barriers to life-long care bacco use. ‘‘(2) submit to the Secretary an application for individuals with congenital heart disease. ‘‘(3) Such term shall not include coverage at such time, in such manner, and con- ‘‘(b) COORDINATION OF RESEARCH ACTIVI- for drugs or biologicals that are not other- taining such information as the Secretary TIES.—The Director of the Institute may co- wise covered under this title.’’. may require. ordinate research efforts related to con- (b) EXCEPTION FROM OPTIONAL RESTRICTION ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— genital heart disease among multiple re- UNDER MEDICAID PRESCRIPTION DRUG COV- There are authorized to be appropriated to search institutions and may develop research ERAGE.—Section 1927(d)(2)(F) of the Social carry out this section such sums as may be networks. Security Act (42 U.S.C. 1396r–8(d)(2)(F)), as necessary for each of fiscal years 2010 ‘‘(c) MINORITY AND MEDICALLY UNDER- redesignated by section 2502(a), is amended through 2014.’’. SERVED COMMUNITIES.—In carrying out the by inserting before the period at the end the ‘‘SEC. 399NN-3. ADVISORY COMMITTEE ON CON- activities described in this section, the Di- following: ‘‘, except when recommended in GENITAL HEART DISEASE. rector of the Institute shall consider the ap- accordance with the Guideline referred to in ‘‘(a) ESTABLISHMENT.—The Secretary, act- plication of such research and other activi- section 1905(bb)(2)(A), agents approved by the ing through the Director of the Centers for ties to minority and medically underserved Food and Drug Administration under the Disease Control and Prevention, may estab- communities.’’. over-the-counter monograph process for pur- lish an advisory committee, to be known as (c) AUTHORIZATION OF APPROPRIATIONS.— poses of promoting, and when used to pro- the ‘Advisory Committee on Congenital There are authorized to be appropriated to mote, tobacco cessation’’. Heart Disease’ (referred to in this section as carry out the amendments made by this sec- (c) REMOVAL OF COST-SHARING FOR COUN- the ‘Advisory Committee’). tion such sums as may be necessary for each SELING AND PHARMACOTHERAPY FOR CES- ‘‘(b) MEMBERSHIP.—The members of the Ad- of fiscal years 2010 through 2014. SATION OF TOBACCO USE.— visory Committee may be appointed by the (1) GENERAL COST-SHARING LIMITATIONS.— Secretary, acting through the Centers for SA 3076. Mr. DURBIN (for himself Section 1916 of the Social Security Act (42 Disease Control and Prevention, and shall in- and Mr. SANDERS) submitted an amend- U.S.C. 1396o) is amended in each of sub- clude— sections (a)(2)(D) and (b)(2)(D) by inserting ‘‘(1) at least one representative from— ment intended to be proposed to amendment SA 2786 proposed by Mr. ‘‘and counseling and pharmacotherapy for ‘‘(A) the National Institutes of Health; cessation of tobacco use (as defined in sec- ‘‘(B) the Centers for Disease Control and REID (for himself, Mr. BAUCUS, Mr. tion 1905(bb)) and covered outpatient drugs Prevention; and DODD, and Mr. HARKIN) to the bill H.R. (as defined in subsection (k)(2) of section 1927 ‘‘(C) a national patient advocacy organiza- 3590, to amend the Internal Revenue and including nonprescription drugs de- tion with experience advocating on behalf of Code of 1986 to modify the first-time scribed in subsection (d)(2) of such section) patients living with congenital heart disease; homebuyers credit in the case of mem- that are prescribed for purposes of pro- ‘‘(2) at least one epidemiologist who has bers of the Armed Forces and certain moting, and when used to promote, tobacco experience working with data registries; cessation in accordance with the Guideline ‘‘(3) clinicians, including— other Federal employees, and for other purposes; which was ordered to lie on referred to in section 1905(bb)(2)(A)’’ after ‘‘(A) at least one with experience diag- ‘‘section 1905(a)(4)(C),’’. the table; as follows: nosing or treating congenital heart disease; (2) APPLICATION TO ALTERNATIVE COST- and Strike section 4107 and insert the fol- SHARING.—Section 1916A(b)(3)(B) of such Act ‘‘(B) at least one with experience using lowing: (42 U.S.C. 1396o–1(b)(3)(B)) is amended by add- medical data registries; and SEC. 4107. COVERAGE OF COMPREHENSIVE TO- ing at the end the following: ‘‘(4) at least one publicly or privately fund- BACCO CESSATION SERVICES IN ‘‘(xi) Counseling and pharmacotherapy for ed researcher with experience researching MEDICAID. cessation of tobacco use (as defined in sec- congenital heart disease. (a) REQUIRING COVERAGE OF COUNSELING tion 1905(bb)) and covered outpatient drugs ‘‘(c) DUTIES.—The Advisory Committee AND PHARMACOTHERAPY FOR CESSATION OF (as defined in subsection (k)(2) of section 1927 may review information and make rec- TOBACCO USE.—Section 1905 of the Social Se- and including nonprescription drugs de- ommendations to the Secretary concerning— curity Act (42 U.S.C. 1396d), as amended by scribed in subsection (d)(2) of such section) ‘‘(1) the development and maintenance of sections 2001(a)(3)(B) and 2303, is further that are prescribed for purposes of pro- the National Congenital Heart Disease Reg- amended— moting, and when used to promote, tobacco istry established under section 399NN-2; (1) in subsection (a)(4)— cessation in accordance with the Guideline ‘‘(2) the type of data to be collected and (A) by striking ‘‘and’’ before ‘‘(C)’’; and referred to in section 1905(bb)(2)(A).’’. stored in the National Congenital Heart Dis- (B) by inserting before the semicolon at (d) EFFECTIVE DATE.—The amendments ease Registry; the end the following new subparagraph: ‘‘; made by this section shall take effect on Oc- ‘‘(3) the manner in which such data is to be and (D) counseling and pharmacotherapy for tober 1, 2010. collected; cessation of tobacco use (as defined in sub- ‘‘(4) the use and availability of such data, section (bb))’’; and SA 3077. Mr. DURBIN submitted an including guidelines for such use; and (2) by adding at the end the following: amendment intended to be proposed to ‘‘(5) other matters, as the Secretary deter- ‘‘(bb)(1) For purposes of this title, the term amendment SA 2786 proposed by Mr. mines to be appropriate. ‘counseling and pharmacotherapy for ces- EID AUCUS ‘‘(d) REPORT.—Not later than 180 days after sation of tobacco use’ means diagnostic, R (for himself, Mr. B , Mr. the date on which the Advisory Committee is therapy, and counseling services and DODD, and Mr. HARKIN) to the bill H.R. established and annually thereafter, the Ad- pharmacotherapy (including the coverage of 3590, to amend the Internal Revenue visory Committee shall submit a report to prescription and nonprescription tobacco Code of 1986 to modify the first-time

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.080 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — SENATE S12741 homebuyers credit in the case of mem- ‘‘PART S—PROGRAMS RELATING TO ‘‘(A) of breast health, symptoms, and early bers of the Armed Forces and certain BREAST HEALTH AND CANCER diagnosis and treatment of breast cancer in other Federal employees, and for other ‘‘SEC. 399HH. YOUNG WOMEN’S BREAST HEALTH young women, including specific risk factors purposes; which was ordered to lie on AWARENESS AND SUPPORT OF such as family history of cancer and women that may be at high risk for breast cancer, the table; as follows: YOUNG WOMEN DIAGNOSED WITH BREAST CANCER. such as Ashkenazi Jewish population; On page 816, after line 20, add the fol- ‘‘(a) PUBLIC EDUCATION CAMPAIGN.— ‘‘(B) on how to provide counseling to young lowing: ‘‘(1) IN GENERAL.—The Secretary, acting women about their breast health, including SEC. 3115. MEDICARE PASS-THROUGH PAYMENTS through the Director of the Centers for Dis- knowledge of their family cancer history and FOR CRNA SERVICES. ease Control and Prevention, shall conduct a importance of providing regular clinical (a) TREATMENT OF CRITICAL ACCESS HOS- national evidence-based education campaign breast examinations; PITALS AS RURAL IN DETERMINING ELIGIBILITY to increase awareness of young women’s ‘‘(C) concerning the importance of dis- FOR CRNA PASS-THROUGH PAYMENTS.—Sec- knowledge regarding— cussing healthy behaviors, and increasing tion 9320(k) of the Omnibus Budget Rec- ‘‘(A) breast health in young women of all awareness of services and programs available onciliation Act of 1986 (42 U.S.C. 1395k note), racial, ethnic, and cultural backgrounds; to address overall health and wellness, and as added by section 608(c)(2) of the Family ‘‘(B) breast awareness and good breast making patient referrals to address tobacco Support Act of 1988 and amended by section health habits; cessation, good nutrition, and physical activ- 6132 of the Omnibus Budget Reconciliation ‘‘(C) the occurrence of breast cancer and ity; Act of 1989, is amended by adding at the end the general and specific risk factors in ‘‘(D) on when to refer patients to a health the following: women who may be at high risk for breast care provider with genetics expertise; ‘‘(3) Any facility that qualifies as a critical cancer based on familial, racial, ethnic, and ‘‘(E) on how to provide counseling that ad- access hospital (as defined in section cultural backgrounds such as Ashkenazi dresses long-term survivorship and health 1861(mm)(1) of the Social Security Act) shall Jewish populations; concerns of young women diagnosed with be treated as being located in a rural area for ‘‘(D) evidence-based information that breast cancer; and purposes of paragraph (1) regardless of any would encourage young women and their ‘‘(F) on when to provide referrals to orga- geographic reclassification of the facility, health care professional to increase early de- nizations and institutions that provide cred- including such a reclassification of the coun- tection of breast cancers; and ible health information and substantive as- ty in which the facility is located as an ‘‘(E) the availability of health information sistance and support to young women diag- urban county (also popularly known as a and other resources for young women diag- nosed with breast cancer, including— Lugar county) under section 1886(d)(8)(B) of nosed with breast cancer on— ‘‘(i) re-entry into the workforce or school; the Social Security Act (42 U.S.C. ‘‘(i) fertility preservation; ‘‘(ii) infertility as a result of treatment; 1395ww(d)(8)(B)).’’. ‘‘(ii) support, including social, emotional, ‘‘(iii) neuro-cognitive effects; (b) TREATMENT OF STANDBY AND ON-CALL psychosocial, financial, lifestyle, and care- ‘‘(iv) important effects of cardiac, vas- COSTS.—Such section 9320(k), as amended by giver support; cular, muscle, and skeletal complications; subsection (a), is further amended by adding ‘‘(iii) familial risk factors; and and at the end the following: ‘‘(iv) prevention and early detection strate- ‘‘(v) secondary malignancies. ‘‘(4) In determining the reasonable costs gies to reduce recurrence or metastasis; ‘‘(2) MATERIALS.—The education campaign incurred by a hospital or critical access hos- ‘‘(2) EVIDENCE-BASED, AGE APPROPRIATE under paragraph (1) may include the dis- pital for the services of a certified registered MESSAGES.—The campaign shall provide evi- tribution of print, video, and Web-based ma- nurse anesthetist under this subsection, the dence-based, age-appropriate messages and terials on assisting physicians and other Secretary shall include standby costs and materials as developed by the Centers for health care professionals in achieving the on-call costs incurred by the hospital or crit- Disease Control and Prevention and the Ad- goals of this section. ical access hospital, respectively, with re- visory Committee established under para- ‘‘(c) PREVENTION RESEARCH ACTIVITIES.— spect to such nurse anesthetist.’’. graph (4). (c) EFFECTIVE DATES.— The Secretary, acting through— ‘‘(3) MEDIA CAMPAIGN.—In conducting the (1) TREATMENT OF CAHS AS RURAL IN DETER- education campaign under paragraph (1), the ‘‘(1) the Director of the Centers for Disease MINING CRNA PASS-THROUGH ELIGIBILITY.—The Secretary shall award grants to entities to Control and Prevention, shall conduct pre- amendment made by subsection (a) shall establish national multimedia campaigns vention research on breast cancer in younger apply to calendar years beginning on or after oriented to young women that may include women, including— the date of the enactment of this Act (re- advertising through television, radio, print ‘‘(A) behavioral, survivorship studies, and gardless of whether the geographic reclassi- media, billboards, posters, all forms of exist- other research on the impact of breast can- fication of a critical access hospital occurred ing and especially emerging social net- cer diagnosis on young women; before, on, or after such date). working media, other Internet media, and ‘‘(B) formative research to assist with the (2) INCLUSION OF STANDBY COSTS AND ON- any other medium determined appropriate development of educational messages and in- CALL COSTS IN DETERMINING REASONABLE by the Secretary. formation for the public, targeted popu- COSTS OF CRNA SERVICES.—The amendment lations, and their families about breast ‘‘(4) ADVISORY COMMITTEE.— made by subsection (b) shall apply to costs health, breast cancer, and healthy lifestyles; ‘‘(A) ESTABLISHMENT.—Not later than 60 incurred in cost reporting periods beginning days after the date of the enactment of this ‘‘(C) testing and evaluating existing and in fiscal years after fiscal year 2003. section, the Secretary, acting through the new social marketing strategies targeted at Director of the Centers for Disease Control young women; and SA 3078. Ms. KLOBUCHAR (for her- and Prevention, shall establish an advisory ‘‘(D) surveys of health care providers and self and Ms. SNOWE) submitted an committee to assist in creating and con- the public regarding knowledge, attitudes, amendment intended to be proposed to ducting the education campaigns under para- and practices related to breast health and amendment SA 2786 proposed by Mr. graph (1) and subsection (b)(1). breast cancer prevention and control in high- risk populations; and REID (for himself, Mr. BAUCUS, Mr. ‘‘(B) MEMBERSHIP.—The Secretary, acting ‘‘(2) the Director of the National Institutes DODD, and Mr. HARKIN) to the bill H.R. through the Director of the Centers for Dis- ease Control and Prevention, shall appoint of Health, shall conduct research to develop 3590, to amend the Internal Revenue and validate new screening tests and meth- Code of 1986 to modify the first-time to the advisory committee under subpara- graph (A) such members as deemed necessary ods for prevention and early detection of homebuyers credit in the case of mem- to properly advise the Secretary, and shall breast cancer in young women. bers of the Armed Forces and certain include organizations and individuals with ‘‘(d) SUPPORT FOR YOUNG WOMEN DIAG- other Federal employees, and for other expertise in breast cancer, disease preven- NOSED WITH BREAST CANCER.— purposes; which was ordered to lie on tion, early detection, diagnosis, public ‘‘(1) IN GENERAL.—The Secretary shall the table; as follows: health, social marketing, genetic screening award grants to organizations and institu- At the appropriate place in title IV, insert and counseling, treatment, rehabilitation, tions to provide health information from the following: palliative care, and survivorship in young credible sources and substantive assistance women. SEC. ll. YOUNG WOMEN’S BREAST HEALTH directed to young women diagnosed with AWARENESS AND SUPPORT OF ‘‘(b) HEALTH CARE PROFESSIONAL EDU- breast cancer and pre-neoplastic breast dis- YOUNG WOMEN DIAGNOSED WITH CATION CAMPAIGN.— eases on issues such as— BREAST CANCER. ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(A) education and counseling regarding (a) SHORT TITLE.—This section may be through the Director of the Centers for Dis- fertility preservation; cited as the ‘‘Young Women’s Breast Health ease Control and Prevention, and in con- ‘‘(B) support, including social, emotional, Education and Awareness Requires Learning sultation with the Administrator of the psychosocial, financial, lifestyle, and care- Young Act of 2009’’ or ‘‘EARLY Act’’. Health Resources and Services Administra- giver support; (b) AMENDMENT.—Title III of the Public tion, shall conduct an education campaign ‘‘(C) familial risk factors; and Health Service Act (42 U.S.C. 241 et seq.) is among physicians and other health care pro- ‘‘(D) prevention and early education strat- amended by adding at the end the following: fessionals to increase awareness— egies to reduce recurrence or metastasis.

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A08DE6.081 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE S12742 CONGRESSIONAL RECORD — SENATE December 8, 2009 ‘‘(2) PRIORITY.—In making grants under ized to meet during the session of the remarks of the chair and ranking mem- paragraph (1), the Secretary shall give pri- Senate on December 8, 2009, at 1:30 p.m. ber of the Finance Committee, or their ority to applicants that deal specifically The PRESIDING OFFICER. Without designees, for up to 10 minutes each, with young women diagnosed with breast objection, it is so ordered. the next 2 hours be for debate only, cancer and pre-neoplastic breast disease. ‘‘(e) NO DUPLICATION OF EFFORT.—In con- COMMITTEE ON ENVIRONMENT AND PUBLIC with the time equally divided and con- ducting an education campaign or other pro- WORKS trolled between the two leaders or gram under subsections (a), (b), (c), or (d), Mr. BAUCUS. Mr. President, I ask their designees, with Senators per- the Secretary shall avoid duplicating other unanimous consent that the Com- mitted to speak for up to 10 minutes existing Federal breast cancer education ef- mittee on Environment and Public each; the Republicans controlling the forts. Works be authorized to meet during first 30 minutes and the majority con- ‘‘(f) MEASUREMENT; REPORTING.—The Sec- the session of the Senate on December trolling the second 30 minutes, with retary, acting through the Director of the the remaining time equally divided and Centers for Disease Control and Prevention, 8, 2009 at 10 a.m. in room 406 of the shall— Dirksen Senate Office Building. used in an alternating fashion; further, ‘‘(1) measure— The PRESIDING OFFICER. Without that no amendments are in order dur- ‘‘(A) young women’s awareness regarding objection, it is so ordered. ing this time. breast health, including knowledge of family COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. Without cancer history, specific risk factors and Mr. BAUCUS. Mr. President, I ask objection, it is so ordered. early warning signs, and young women’s unanimous consent that the Com- proactive efforts at early detection; f mittee on Foreign Relations be author- ‘‘(B) the number or percentage of young PROGRAM women utilizing information regarding life- ized to meet during the session of the style interventions that foster healthy be- Senate on December 8, 2009, at 2:15 p.m. Mr. SANDERS. Mr. President, roll- haviors such as tobacco cessation, nutrition, The PRESIDING OFFICER. Without call votes are possible throughout the and physical activity; objection, it is so ordered. day tomorrow. Senators will be noti- ‘‘(C) the number or percentage of young SELECT COMMITTEE ON INTELLIGENCE fied when any votes are scheduled. women receiving regular clinical breast exams; and Mr. BAUCUS. Mr. President, I ask f unanimous consent that the Select ‘‘(D) the number or percentage of young ADJOURNMENT UNTIL 9:30 A.M. women who perform breast self exams, and Committee on Intelligence be author- the frequency of such exams, before the im- ized to meet during the session of the TOMORROW plementation of this section; Senate on December 8, 2009, at 2:30 p.m. Mr. SANDERS. Mr. President, if ‘‘(2) establish quantitative benchmarks to The PRESIDING OFFICER. Without there is no further business to come be- measure the impact of activities under this objection, it is so ordered. fore the Senate, I ask unanimous con- section; sent that the Senate stand adjourned ‘‘(3) not less than every 3 years, measure SUBCOMMITTEE ON ENERGY the impact of such activities; and Mr. BAUCUS. Mr. President, I ask under the previous order. ‘‘(4) submit reports to the Congress on the unanimous consent that the Sub- There being no objection, the Senate, results of such measurements. committee on Energy be authorized to at 8:38 p.m., adjourned until Wednes- ‘‘(g) DEFINITIONS.—In this section— meet during the session of the Senate day, December 9, 2009, at 9:30 a.m. ‘‘(1) the term ‘State’ means each of the in order to conduct a hearing on De- f several States, the District of Columbia, the cember 8, at 2:30 p.m., in room SD–366 Commonwealth of Puerto Rico, American NOMINATIONS Samoa, Guam, the Commonwealth of the of the Dirksen Senate Office Building. Northern Mariana Islands, the United States The PRESIDING OFFICER. Without Executive nominations received by Virgin Islands, and the Trust Territory of objection, it is so ordered. the Senate: the Pacific Islands; and f DEPARTMENT OF TRANSPORTATION ‘‘(2) the term ‘young women’ means women ORDERS FOR WEDNESDAY, MICHAEL PETER HUERTA, OF THE DISTRICT OF COLUM- 15 to 44 years of age. BIA, TO BE DEPUTY ADMINISTRATOR OF THE FEDERAL ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— DECEMBER 9, 2009 AVIATION ADMINISTRATION, VICE ROBERT A. To carry out subsections (a), (b), (c)(1), and Mr. SANDERS. Mr. President, I ask STURGELL, RESIGNED. (d), there are authorized to be appropriated unanimous consent that when the Sen- IN THE AIR FORCE $9,000,000 for each of the fiscal years 2010 ate completes its business today, it ad- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT through 2014.’’. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- journ until 9:30 a.m., Wednesday, De- CATED UNDER TITLE 10, U.S.C., SECTION 624: f cember 9; that following the prayer and To be brigadier general pledge, the Journal of proceedings be AUTHORITY FOR COMMITTEES TO COL. KORY G. CORNUM approved to date, the morning hour be MEET IN THE ARMY deemed expired, the time for the two THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COMMITTEE ON ARMED SERVICES leaders be reserved for their use later IN THE RESERVE OF THE ARMY TO THE GRADE INDI- Mr. BAUCUS. Mr. President, I ask in the day, and the Senate resume con- CATED UNDER TITLE 10, U.S.C., SECTION 12203: unanimous consent that the Com- sideration of H.R. 3590, the health care To be major general mittee on Armed Services be author- reform legislation; that following any BRIG. GEN. STEVEN W. SMITH

VerDate Nov 24 2008 04:36 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00096 Fmt 0624 Sfmt 9801 E:\CR\FM\A08DE6.082 S08DEPT1 dcolon on DSK2BSOYB1PROD with SENATE December 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2903 EXTENSIONS OF REMARKS

RECOGNIZING THE CONTRIBU- HONORING FRED MACHADO lagers and the Alliance Healthcare Founda- TIONS OF BARBARA DEE BRAD- tion, the Tony Snow Cancer Symposium is in- FORD HON. GEORGE RADANOVICH tended to raise funds for the creation of a $25 OF CALIFORNIA million cancer center next to Leesburg Re- gional Hospital and promote cancer aware- HON. MICHAEL C. BURGESS IN THE HOUSE OF REPRESENTATIVES ness in our community. OF TEXAS Tuesday, December 8, 2009 Currently serving as Professor of Surgical IN THE HOUSE OF REPRESENTATIVES Mr. RADANOVICH. Madam Speaker, I rise Oncology at the Leiden University Medical Tuesday, December 8, 2009 today to commend and congratulate Fred Center in Leiden, the Netherlands, Dr. van de Machado upon being named the ‘‘2009 Agri- Velde has supervised over 50 Ph.D. theses, Mr. BURGESS. Madam Speaker, I rise culturist of the Year’’ by the Greater Fresno coordinated 14 projects of the Netherlands today in recognition of Barbara Dee Bradford. Area Chamber of Commerce. Mr. Machado Cancer Foundation, six health insurance fund After 21 years, Barbie, as she is warmly will be recognized at the annual Agricultural projects, six European randomized breast can- known by friends and coworkers, is retiring Awards luncheon on November 18, 2009 in cer studies, and four European randomized from her post as Director of the Learning Cen- Fresno, California. colorectal cancer studies. ter at the University of North Texas in Denton, In 1932, Mr. Fred Machado was born in the In addition to serving as a professor at the Texas. Azores region of Portugal. At the age of six- Leiden University Medical Center, he is the Barbie began her career at UNT in 1988 as teen he migrated to the United States with his center’s Coordinator of Oncology and sits on a counselor in the Counseling and Testing family. When he arrived in the U.S. he began numerous committees there. He serves as Center, and has spent her entire career at working as a farm laborer doing jobs that in- Chairman of the Dutch Royal Academy of UNT dedicated to student success and learn- cluded milking cows for two hundred and fifty Sciences, founded and was the first Chairman ing. In 1998 she created the Learning Center dollars a month. He enjoyed the work and of the Dutch Colorectal Cancer Group, the and has served as its only Director. Under her took to the dairy industry quickly, but decided Dutch Gastric Cancer Group and the Dutch leadership, the Center has grown from an of- to join the United States Navy. In 1955, after Breast Cancer Group. Dr. van de Velde has fice with only one full-time employee and a leaving the Navy he had saved enough money also been the President of the European Soci- handful of student workers to one that has to purchase a twenty-acre plot in Easton, just ety of Surgical Oncology since 2008 and is seven full-time staff, several graduate assist- west of Fresno, California. During the 1950’s, currently Vice President of the European Can- ants, and hundreds of student workers. Mr. Machado established a dairy with fifty cer Society. Barbie implemented Supplemental Instruc- cows, the company grew, quickly reaching fif- Dr. van de Velde was recognized in 1999 as tion at UNT, a program where students who teen hundred heifers. an Honorary Fellow of the Royal College of have recently completed a course return in fu- Over the years, Mr. Machado’s land in- Surgeons in London and the Royal College of ture semesters and serve as study session tu- creased from twenty-acres to an eight hun- Surgeons and Physicians in Glasgow. tors for those in the class. This successful pro- dred-acre farming operation that produces al- Madam Speaker, individuals such as gram has helped improve the grades of thou- monds, grapes, orchards and feed crops. Until Cornelis van de Velde should be recognized sands of students at UNT. Today, the Volun- this year the farm also included the dairy, for their sincere dedication to improving the teer Tutor program thrives, and hundreds of however with unprecedented low prices for health and quality of life for people all over the students volunteer their time to assist other milk, the Machado family decided to retire world. With the passing of my husband Harvey students. from the dairy business. to pancreatic cancer, I can personally attest to Barbie has devoted time, even on week- Mr. Machado is a very active member of the the effects of cancer on both a person and ends, to assist parents with their child’s transi- community. He has served on the boards of their family. I sincerely appreciate the work tion to UNT. For ten years, she has delivered the National Milk Producers Federation, Chal- that Dr. van de Velde has done and wish him a presentation to parents at each summer ori- lenge Dairy, Danish Creamery and numerous further success in his medical endeavors. entation session. Barbie uses personal exam- community organizations. Mr. Machado has f ples to help parents feel at ease. Over the been active with the Fresno County Farm Bu- IN RECOGNITION OF THE 98TH years, she has received numerous phone calls reau for over fifty years, serving in multiple from parents and had students show up on BIRTHDAY OF RUBY HARTLEY leadership positions including serving as the BARTON her door. In all those situations, Barbie has Eastern Center Co-Chairman, and as presi- welcomed the opportunity to be of assistance dent from 1972–1974. HON. MIKE ROGERS to the student, and the family. Madam Speaker, I rise today to commend OF ALABAMA Barbie has mentored hundreds of students, and congratulate Frank Machado upon being IN THE HOUSE OF REPRESENTATIVES graduate students and staff members. Wheth- named the ‘‘2009 Agriculturist of the Year.’’ I er the students worked in her office or ap- invite my colleagues to join me in wishing Mr. Tuesday, December 8, 2009 peared at her door, she always has taken time Machado many years of continued success. Mr. ROGERS of Alabama. Madam Speaker, to provide guidance and lend an ear. All who f I would like to request the House’s attention have worked for Barbie hold her in the highest today to pay recognition to the special life of regard. HONORING CORNELIS J.H. VAN DE Ruby Hartley Barton of Talladega, Alabama. Barbie is a walking example of a lifelong VELDE PH.D., M.D. Mrs. Barton was born on December 15, learner and exemplifies that to all with whom 1911 in Georgia to James and Victoria Hart- she comes in contact, which has allowed her HON. GINNY BROWN-WAITE ley. Mrs. Barton’s father died while she was a to positively influence the lives of thousands of OF FLORIDA baby, and her mother raised her and her six students over her 21 years at UNT. As a IN THE HOUSE OF REPRESENTATIVES brothers and sisters. Mrs. Barton grew up in a proud alumnus, I appreciate her dedication in farming and textile family. Tuesday, December 8, 2009 support of their academic success as they She was married to the late B.W. Barton for build the foundations for their future. Ms. GINNY BROWN-WAITE of Florida. over 50 years and was blessed with two sons, Madam Speaker, it is with great honor that Madam Speaker, I rise today to honor Charles D. Barton and Larry H. Barton and I rise today and recognize Barbie Bradford for Cornelis J.H. van de Velde Ph.D., M.D. For one daughter, Edith Barton Bishop. Mrs. Bar- her years of dedication and selfless service to his commitment to the fight against cancer ton now has three grandchildren, three great- the University of North Texas. I am proud to and his participation at the Tony Snow Cancer grandchildren and one great-great grandchild. represent her and UNT in the United States Symposium in The Villages, Florida on Janu- Mrs. Barton worked at Bemis Mills for close Congress. ary 21. Hosted by the Caring and Sharing Vil- to 40 years and has spent her life serving God

∑ 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 06:24 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K08DE8.001 E08DEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2904 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2009 and volunteering in her church as a Sunday HONORING ERROTABERE RANCH ecution for a felony or a crime punishable by School teacher, choir director and pianist. sentence of more than one year. On December 15th, her friends and family HON. GEORGE RADANOVICH The Social Security Act already bars pay- will celebrate her birthday in her room at OF CALIFORNIA ment of current monthly benefits to such indi- Talladega Health Care in Talladega. Today I IN THE HOUSE OF REPRESENTATIVES viduals. This bill ensures this prohibition ap- would like to wish Mrs. Ruby Hartley Barton a plies to retroactive benefit payments as well, Tuesday, December 8, 2009 very Happy 98th Birthday. and allows payments to be paid once the ben- Mr. RADANOVICH. Madam Speaker, I rise eficiary is no longer prohibited from receiving f today to commend and congratulate payments under the provisions of this bill. Errotabere Ranch upon being the recipient of I urge my colleagues to support the bill. PROMOTING JOBS FOR VETERANS the 2009 Baker, Peterson and Franklin Ag f ACT OF 2009 Business Award by the Greater Fresno Area RECOGNIZING AND CONGRATU- Chamber of Commerce. Mr. Dan Errotabere of LATING ST. PETER LUTHERAN Errotabere Ranch will be recognized at the an- HON. STEVE BUYER CHURCH IN ROANOKE, TEXAS nual Agricultural Awards luncheon on Novem- OF INDIANA ber 18, 2009 in Fresno, California. IN THE HOUSE OF REPRESENTATIVES Errotabere Ranch is a family operated farm HON. MICHAEL C. BURGESS OF TEXAS Tuesday, December 8, 2009 in Riverdale, California and was first estab- lished in the 1920’s by Mr. Jean Errotabere. IN THE HOUSE OF REPRESENTATIVES Mr. BUYER. Madam Speaker, I rise today to By 1979, when Mr. Errotabere passed away, Tuesday, December 8, 2009 introduce the Promoting Jobs for Veterans Act the farm had expanded to include 800 acres Mr. BURGESS. Madam Speaker, I stand of 2009. of cotton. Today, brothers Dan, Jean Jr., and today to recognize and congratulate St. Peter Last week the U.S. Bureau of Labor Statis- Remi operate a six thousand-acre diversified Lutheran Church in Roanoke, Texas, as they tics reported that during the month of Novem- farming operation which includes pima cotton, celebrate the groundbreaking for their first fa- ber there were over one million unemployed almonds, pistachios, tomatoes, garlic, onions, cility. veterans in this country. The report also alfalfa seed, wheat, lettuce and cantaloupes in St. Peter Lutheran Church was founded in showed that the unemployment rate among the Riverdale and the Five Points areas. Each September of 2006, when a small group of 37 our newest cohort of veterans ages 18–24 re- brother is responsible for a specific facet of families from Roanoke and surrounding cities mains extremely high at 20 percent. Moreover, the business including the finances, crop pro- in North Texas decided to plant a new church 700,000 of that million are between the ages duction and farm equipment. Over the years in their rapidly growing community. The con- of 35 and 64, the years of both the highest the family has applied progressive water tech- gregation met under the guidance of Pastor earning power and the highest financial needs niques and technology to better utilize the Robert Balduc in a school gym, and later in to pay mortgages and tuitions. I ask unani- scarce water resources on the ranch. the Roanoke Recreation Center. mous consent that the relevant page from the The Errotabere family has a long history of The church’s small beginnings did not stop December Bureau of Labor Statistics Report community involvement. They have held many them from reaching out to the community. be included in the RECORD with my remarks. leadership roles in the agricultural industry and Members of St. Peter Lutheran Church ac- These numbers paint a very disturbing pic- community organizations. Dan has been an tively contribute to their community in many ture of the obstacles veterans face. These advocate for agricultural water issues, serving ways, such as participating in Habitat for Hu- men and women have put their lives on the on several water-related boards. Dan is also manity, providing free games and activities for line in the defense of freedom and democracy heavily involved with the Fresno County Farm local children at city events, holding food and around the globe, so we must do a better job Bureau, currently serving as president. All supply drives for local food pantries, among of helping these warriors find suitable employ- three brothers are actively involved with River- countless other acts of generosity. The church ment opportunities when they return home. dale schools and the Jordan College of Agri- even has its own barbequeing team—the Holy That is why I have introduced the Promoting cultural Sciences and Technology at California Smokers—who use their grilling and smoking Jobs for Veterans Act of 2009. The first title of State University, Fresno. The family supports talents to serve others. this bill focuses on providing funding and in- Community Medical Centers, Children’s Hos- The church now encompasses over 100 centives for veterans to pursue training and pital Central California and has been active in families, and is still growing. Their rapidly in- education that would provide employment op- the local United Cerebral Palsy Association. creasing size has led them to purchase 11 portunities for them in the new economy. It Madam Speaker, I rise today to commend acres of land in Roanoke, where they will would create a new troops to teachers pro- and congratulate Errotabere Ranch upon break ground on Sunday, December 6, 2009, gram to pay new teachers who are veterans being honored as the 2009 Baker, Peterson and build their first multi-use church facility. and are teaching in a rural area $500 a month and Franklin Ag Business Award. I invite my Future plans also include a school, Concordia stipend. It would also provide a zip code colleagues to join me in wishing Errotabere Academy, which will one day serve and edu- based housing stipend for unemployed vet- Ranch many years of continued success. cate children throughout North Texas. erans who are participating in a VA approved f Madam Speaker, St. Peter Lutheran Church OJT/Apprenticeship Program. INTRODUCTION OF THE ‘‘NO SO- is a shining light in Roanoke, Texas. I am ex- The second title of the bill focuses on pro- CIAL SECURITY BENEFITS FOR tremely proud to represent Pastor Balduc and moting and expanding veteran owned and PRISONERS ACT OF 2000’’ the entire church congregation in the 26th service disabled veteran owned small busi- Congressional District. Their service to the nesses. It would reauthorize the VA Veteran community is valued and appreciated, and I Owned Small Business Loan Guaranty Pro- HON. JOHN S. TANNER look forward to watching the church grow, and OF TENNESSEE gram which would guarantee loans for veteran observing the positive impact they will con- owned small businesses up to $500,000. It IN THE HOUSE OF REPRESENTATIVES tinue to have in North Texas. would also allow VA to enter into sole source Tuesday, December 8, 2009 f contracts with veteran owned small busi- Mr. TANNER. Madam Speaker, today, I A PROCLAMATION HONORING THE nesses in the same way they can with 8(a) have introduced legislation that will treat retro- 20TH ANNIVERSARY OF THE firms. active Social Security and Supplemental Secu- TUSCO COMPOSITE SQUADRON According to the U.S. Small Business Ad- rity Income payments due to prisoners con- OH–277, CIVIL AIR PATROL, ministration, firms with fewer than 500 employ- sistent with the way ongoing monthly pay- UNITED STATES AIR FORCE ees accounted for 64 percent—or 14.5 mil- ments are treated. AUXILIARY lion—of the 22.5 million net new jobs between The ‘‘No Social Security Benefits for Pris- 1993 and the third quarter of 2008. I firmly be- oners Act of 2009’’ would prevent retroactive lieve that veteran owned small businesses can HON. ZACHARY T. SPACE Social Security and Supplemental Security In- OF OHIO become a driving force in this nation’s recov- come benefit payments from being issued to IN THE HOUSE OF REPRESENTATIVES ery and this bill will help make that a reality. individuals while they are in prison, along with Madam Speaker, I urge my colleagues to beneficiaries in violation of conditions of parole Tuesday, December 8, 2009 co-sponsor this needed legislation. or probation, or who are fleeing to avoid pros- Mr. SPACE. Madam Speaker:

VerDate Nov 24 2008 06:24 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.003 E08DEPT1 tjames on DSKG8SOYB1PROD with REMARKS December 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2905 Whereas, the Tusco Composite Squadron, sion for an additional five years. It will in- chemotherapy and the amputation of his left founded in 1989, is celebrating 20 years of crease tribal participation in the Commission leg. commendable service in Tuscarawas County, and improve oversight of its activities. Drew returned to school on crutches after and H.R. 1672 has earned the support of our missing nine months for treatment. Even with Whereas, three founding members—Ltc. local community—I have received letters of missing so much school, he was able to con- Betty Turnbull, Ltc. Marilyne Shanks and Ltc. support for this legislation from elected offi- tinue his academics at the same grade level. Wayne Shanks—have served their unit since cials, businesspeople and environmentalists in Even more surprisingly, Drew began playing its inception, and every county in which the Northwest Straits baseball only three months post treatment. Whereas, the Tusco Composite Squadron Commission operates. Drew has successfully adapted to his pros- has assisted the community by securing crash Similar legislation has been introduced in thetic leg as if it was second nature. He has sites, helping with disaster relief efforts, and the United States Senate by my friend Senator played a total sixteen seasons between two other services, and PATTY MURRAY. I hope that our joint effort will leagues as a 1st baseman, 3rd baseman, and Whereas, the Tusco Composite Squadron help to protect and restore the Northwest pitcher. has been the recipient of numerous awards straits for the people, fish, and threatened Drew has also shared his strength with pertaining to their work and services; now, wildlife which rely on it. other patients. He has visited cancer victims therefore, be it f and amputees at San Antonio area hospitals Resolved that along with the residents of and homes to offer encouragement and hope the 18th Congressional District, I commend CELEBRATING THE 20TH ANNIVER- that they too can overcome their hardships. the Tusco Composite Squadron OH–277 on SARY OF THE FALL OF THE As of December 10, 2009 Drew has been 20 years of service to the community and the BERLIN WALL cancer free for five years. I am honored to Air Force. speak of Andrew’s strength here today and I f HON. TED POE ask my colleagues to join me in recognizing OF TEXAS Drew as an inspiration and role model to NORTHWEST STRAITS MARINE IN THE HOUSE OF REPRESENTATIVES those who suffer from cancer and or amputa- CONSERVATION INITIATIVE ACT tion. Tuesday, December 8, 2009 (H.R. 1672) f Mr. POE of Texas. Madam Speaker, it was SPEECH OF 20 years ago November 9, 1989, that the HONORING MARIA GROVNER HON. RICK LARSEN most notorious symbol of the Cold War, The OF WASHINGTON Iron Curtain, came crashing down. When the HON. JACK KINGSTON OF GEORGIA IN THE HOUSE OF REPRESENTATIVES Berlin Wall was opened for ‘‘private trips abroad’’, thousands lined up at check points IN THE HOUSE OF REPRESENTATIVES Monday, December 7, 2009 demanding passage. In the following days and Tuesday, December 8, 2009 Mr. LARSEN of Washington. Mr. Speaker, I weeks, hundreds celebrated by physically Mr. KINGSTON. Madam Speaker, I rise rise today to express my support for the tearing down the concrete division so com- today in order to recognize Georgia’s Middle Northwest Straits Marine Conservation Initia- pletely that very little of the actual wall re- School Counselor of the Year, Maria Grovner. tive Reauthorization Act, H.R. 1672. mains. A native of McIntosh County Georgia, Ms. Throughout the 1980s and early 1990s the The Berlin Wall was erected by the German Grovner is the middle school counselor at marine waters of the Strait of Juan de Fuca, Democratic Republic in 1961 separating East- Creekland Middle School in Gwinnett County the San Juan Islands and northern Puget ern and Western Germany to stop migration of Georgia. Before receiving the honor of being Sound, collectively known as the Northwest East Germans trying to escape communism. named Middle School Counselor of The Year, Straits, experienced substantial environmental The wall had many deterrents for those look- Ms. Grovner was recognized as Gwinnett decline. This was concerning because local ing for escape. Its total border length around County’s Counselor of the Year and as the communities rely on the resources of the West Berlin was ninety-six miles with forty-one Region II Middle School Counselor of the Northwest Straits to create good-paying jobs miles of wire mesh fencing, sixty-five miles of Year. and many iconic and endangered species, in- anti-vehicle trenches, and seventy-nine miles As a result of Ms. Grovner’s hard work and cluding orca whales and pacific salmon, rely of contact or signal fence. It has been re- numerous undertakings, it is no surprise that on the Northwest Straits for food and habitat. ported that between 136 and 192 people were she has received these accolades. In addition In 1997, Senator PATTY MURRAY and Con- killed on the Berlin Wall and about 200 per- to implementing numerous student activities gressman Jack Metcalf convened a blue-rib- sons injured by shooting while attempting to and promoting diversity and early college bon commission to examine ways to reverse escape between 1961 and 1989. awareness at the middle school level, Ms. this trend and restore the health of the North- November 9, 2009, two decades later, thou- Grovner coordinates a Peer Leadership Con- west Straits. In 1998, Congress adopted the sands cheered as colorfully decorated mam- ference for approximately 600 middle school Murray-Metcalf Commission’s recommenda- moth dominos set along a mile-long route peer leaders. Additionally, the Georgia School tions when it authorized the creation of the were toppled; symbolizing the wall coming Counselors Association is fortunate to have Northwest Straits Marine Conservation Com- down and the fall of communist countries in Ms. Grovner serving as the Mentoring Pro- mission, a grassroots organization which does Eastern Europe. On this day, we remember gram Co-Chair and as the Middle School not exercise regulatory authority but har- those brave, proud people who stood up to Worksetting Vice-President. As Worksetting nesses the energy of local communities to de- say no more! Vice-President, Ms. Grovner assists other mid- velop and implement conservation and res- f dle school counselors throughout the state in toration projects. implementing the best practices in their coun- For the last 11 years, the Northwest Straits HONORING ANDREW SCOTT RICE seling programs. Commission has done great work to restore Ms. Grovner’s dedication to her profession the Northwest Straits. Their projects have HON. KENNY MARCHANT and the students she serves is admirable and helped create jobs and protect endangered OF TEXAS exemplary. Madam Speaker, I am proud to and threatened species. IN THE HOUSE OF REPRESENTATIVES honor Maria Grovner as the State of Georgia’s The Northwest Straits Commission has Middle School Counselor of the Year. demonstrated the ability to implement chal- Tuesday, December 8, 2009 lenging recovery projects. The Commission Mr. MARCHANT. Madam Speaker, I rise f used $4.5 million of funding from the American today to honor an amazing boy from Texas. VILLAGE OF ARGYLE IN MISSOURI Recovery and Reinvestment Act to remove His name is Drew Scott Rice, and he is a can- hundreds of acres of abandoned fishing gear cer survivor and amputee. Drew has experi- HON. BLAINE LUETKEMEYER from the seafloor. This project created jobs for enced some difficult times, but his strong char- OF MISSOURI acter has made it possible for him to live a out-of-work fisherman and saved the lives of IN THE HOUSE OF REPRESENTATIVES endangered species. healthy active life. The legislation under consideration on the At the age of six, Drew was diagnosed with Tuesday, December 8, 2009 House floor today would extend the legislative Ewing’s Sarcoma Cancer on April 30, 2004. Mr. LUETKEMEYER. Madam Speaker, I authorization of the Northwest Straits Commis- His treatment consisted of fourteen rounds of rise today to recognize the Village of Argyle,

VerDate Nov 24 2008 06:24 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K08DE8.003 E08DEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2906 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2009 located in Maries and Osage counties, in Mis- business opportunities and ventures with Mex- been working on this issue for many years souri. ico and most importantly, the state of now, and I look forward to collaborating with I would like to acknowledge the Village of Tamaulipas, which borders Texas. Mr. Sum- him and seeing this bill signed into law. Argyle as its residents prepare to celebrate mers worked tirelessly to unite the South I urge my colleagues to consider support the milestone of their centennial this upcoming Texas region and to create economic growth this important legislation. June. and prosperity for the area. f In the beginning of the 20th century, a He was key in establishing, opening and group of Scottish-Irish surveyors made their maintaining the first Texas Chamber of Com- HONORING WILLIAM S. DALTON, way to the Midwest and were preparing to merce office in Victoria, Tamaulipas, Mexico, PH.D., M.D. build a rail bed for the St. Louis, Kansas City to promote trade and tourism of the South and Colorado railroad to run between Kansas Texas region into Mexico. HON. GINNY BROWN-WAITE City and St. Louis. This spurred the formation Through Mr. Summer’s work in Texas, the OF FLORIDA of a town. nation and Mexico, he was able to improve IN THE HOUSE OF REPRESENTATIVES the lives of many by growing jobs and pushing The area, once known as Sanbonfass, after Tuesday, December 8, 2009 St. Boniface, was named Argyle after a shire for economic opportunities. He was instru- in the Isles of Scotland called Argyll. The Vil- mental in the creation of the Rio Grande Val- Ms. GINNY BROWN-WAITE of Florida. lage was incorporated in 1908, and the rock ley Mobility Task Force, which brought addi- Madam Speaker, I rise today to honor William island line brought prosperity to the village tional transportation funding to South Texas S. Dalton, Ph.D., M.D. for his commitment to shortly thereafter. Today the Village is home and pushed for the creation of an interstate the fight against cancer and his participation at to about 170 of my constituents, all of whom highway. the Tony Snow Cancer Symposium in The Vil- I know are proud to call Argyle home. Recently, he was honored when Farm-to- lages, Florida, on January 21. Hosted by the In closing, Madam Speaker, I ask all my col- Market Road 1015 between U.S. Highway 83 Caring and Sharing Villagers and the Alliance leagues to join me in wishing the residents of and the Progreso International Bridge was Healthcare Foundation, the Tony Snow Can- the Village of Argyle congratulations on reach- named the Bill Summers International Boule- cer Symposium is intended to raise funds for ing this important milestone. vard. the creation of a $25 million Cancer Center f Although we have lost a great hero whom next to Leesburg Regional Hospital and pro- we all deeply cared for and loved, I am certain mote awareness in our community. DAKOTA COMMUNITIES his love and passion for the Rio Grande Valley Dr. Dalton currently serves as the President/ will remain in our hearts and spirits for years Chief Executive Officer and Center Director at HON. ERIK PAULSEN and years to come. We will always remember the H. Lee Moffitt Cancer Center & Research OF MINNESOTA Mr. Summers as a wise man who worked for Institute in Tampa, Florida. The Moffitt Cancer IN THE HOUSE OF REPRESENTATIVES the good. We will remember Mr. Summers as Center is regarded as one of the top cancer a man who could do it all. facilities in the United States. With two dec- Tuesday, December 8, 2009 Today, I ask that my colleagues join me in ades of cancer research and contributions to Mr. PAULSEN. Madam Speaker, recently I commemorating the life of Mr. Bill Summers, over 200 publications, including the Journal of met with representatives of Dakota Commu- who served this nation with dignity, honor, re- the American Medical Association and the nities—an award-winning 37 year old non-prof- spect and admiration. Journal of the National Cancer Institute, Dr. it organization that helps people with disabil- f Dalton has established himself as an expert in ities realize their potential in their lives and the fight against cancer. communities. CLEAN AIR AND WATER Recognized as a ‘‘Best Doctor in America’’ In Minnesota’s Third Congressional District, INVESTMENT ACT OF 2009 since 1993, Dr. Dalton’s primary areas of re- there are over fifty direct support professionals search include biochemical mechanisms of who have dedicated their careers to working HON. LINDA T. SA´ NCHEZ drug resistance, new drug discovery and the for several group homes. These hard-working, OF CALIFORNIA biology and treatment of multiple myeloma. He talented men and women have repeatedly IN THE HOUSE OF REPRESENTATIVES was also instrumental in obtaining the Molec- demonstrated their dedication to caring for ular Oncology, Mopp, grant of $5 million for Tuesday, December 8, 2009 those with disabilities. For their efforts and the the Moffitt Cancer Center in 2000. positive impact these efforts will have in the Ms. LINDA T. SA´ NCHEZ of California. Madam Speaker, individuals such as Wil- lives of so many, I am extremely grateful. Madam Speaker, I rise today to introduce the liam S. Dalton should be recognized for their f Clean Air and Water Investment Act of 2009. sincere dedication to improving the health and This legislation will restore tax exempt bonding quality of life for people all over the world. IN MEMORY OF A SOUTH TEXAS for air and water pollution control facilities. With the passing of my husband Harvey to HERO, BILL SUMMERS Prior to the 1986 revision to the tax code, pancreatic cancer, I can personally attest to state authorized agencies and political subdivi- the affects of cancer on both a person and HON. SOLOMON P. ORTIZ sions were permitted to administer tax exempt their family. I sincerely appreciate the work OF TEXAS bonds to finance ‘‘air and water pollution con- that Dr. Dalton has done and wish him further IN THE HOUSE OF REPRESENTATIVES trol facilities.’’ The program proved so effective success in his medical endeavors. that even facilities that were grandfathered, f Tuesday, December 8, 2009 and not subject to clean air standards, were Mr. ORTIZ. Madam Speaker, I rise today to proactive participants, providing cleaner air IN RECOGNITION OF CHEROKEE honor in memoriam the dedication and out- and water for our communities. COUNTY HIGH SCHOOL WINNING standing leadership of Mr. Bill Summers, who As we continue to look for ways to assist THE ALABAMA 3A STATE FOOT- led the Rio Grande Valley Partnerships as its businesses and local governments in their ef- BALL CHAMPIONSHIP CEO for 20 years until his passing on Mon- forts to reduce pollution, these bonds provide day, December 1. an affordable solution that will put people to HON. MIKE ROGERS Mr. Summers, who spent 2 decades pro- work while providing cleaner and healthier OF ALABAMA moting South Texas and Mexico, as the two communities. This bill would restore a proven IN THE HOUSE OF REPRESENTATIVES areas worked in unison to attract business op- incentive for industry to invest in cleaner air portunities and economic development to the and water. Importantly, because it falls under Tuesday, December 8, 2009 region, was a pillar of South Texas. He was a pre-existing spending cap, this legislation Mr. ROGERS of Alabama. Madam Speaker, the unsung hero of the Rio Grande Valley, will present no new liability to the U.S. Treas- I would like to request the House’s attention who is credited with bringing together local ury. today to pay recognition to the Piedmont High governments, economic development organi- Members on opposite sides of the aisle fre- School football team in Piedmont, Alabama, zations and Chambers of Commerce to bring quently may differ on many issues before this who won the 2009 Alabama 3A State Football jobs and a better way of life to our commu- body, but this is not one of them. I am pleased Championship. nities. to be working on this bill with Congressman On December 3, the Piedmont Bulldogs de- Through his vision and tireless work for the KEVIN BRADY of Texas, a fellow Congressional feated Cordova High School by a score of 35– Rio Grande Valley, he was able to secure baseball aficionado. Congressman BRADY has 28 at Bryant-Denny Stadium in Tuscaloosa,

VerDate Nov 24 2008 06:24 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.007 E08DEPT1 tjames on DSKG8SOYB1PROD with REMARKS December 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2907

Alabama. The Bulldogs finished the season Madam Speaker, Mr. COSTA and I rise today to ten years longer than their design life de- with a record of 13–2. to commend and congratulate Major Robert spite operating in the harsh conditions of the Piedmont High School is located in northern Fox upon being recognized as a ‘‘Citizen Sol- oceans. Calhoun County, and their Bulldogs are dier.’’ I invite my colleagues to join us in wish- For over 1,000 patrols the Sailors serving coached by Steve Smith. The principal is Jerry ing Major Fox many years of continued suc- on Ohio-class submarines have moved on and Snow. cess. off the ship during crew turnover. They bring Congratulations to the Piedmont County f their sea bag full of gear, photos of family and High School Bulldogs football team, coaches, friends, some snacks, and nowadays their fa- staff, and high school. All of us across Cal- CONGRATULATIONS TO THE SAIL- ORS WHO HAVE COMPLETED 1,000 vorite DVDs and I-Tunes. During a two-month houn County and east Alabama are proud of patrol they make the boat their home. Maybe these young people for their outstanding DETERRENT PATROLS ON ‘‘OHIO’’ CLASS SUBMARINES once a week they get an email from home achievement. called Sailor Mail. They routinely do not actu- f ally talk to their wives, kids, family or friends HON. JACK KINGSTON for many weeks. This is a unique sacrifice es- HONORING ROBERT FOX, MAJOR OF GEORGIA (RET.) pecially during this age of global telecommuni- IN THE HOUSE OF REPRESENTATIVES cation. HON. GEORGE RADANOVICH Tuesday, December 8, 2009 During those 1,000 patrols while these Sail- ors were at sea, the rest of us could go to OF CALIFORNIA Mr. KINGSTON. Madam Speaker, I rise to work everyday, worship on Sunday, take our IN THE HOUSE OF REPRESENTATIVES support H. Con. Res. 129. To congratulate the accomplishment of Submarine Sailors com- kids to baseball practice after school, shop at Tuesday, December 8, 2009 pleting 1,000 Ohio-class deterrent patrols. The the grocery store and fish in our lakes and Mr. RADANOVICH. Madam Speaker, I rise people of coastal Georgia have great pride in streams without fear because these Sailors today, along with my colleague JIM COSTA, to their Submarine Sailors. It started back in July stood the watch and defended our homes. For commend and congratulate Robert Fox upon 1978 when Kings Bay, Georgia was chosen to this we are thankful every day. being honored the ‘‘Citizen Soldier Award’’ by be home for the Trident missile submarines of I rise today to congratulate our nation’s Sub- Fresno City College. Major Fox was recog- the Atlantic Fleet. In November 1981 the USS marine Sailors who completed 1,000 patrols nized on Friday, November 6, 2009 at the an- Ohio was commissioned and became the first on Ohio-class submarines on this day Decem- nual Veterans Peace Memorial event held at submarine to carry Trident Missiles. Ohio ber 2, 2009. Fresno City College in Fresno, California. made her first patrol 27 years ago this month Major Robert Fox enlisted in the Indiana Na- in December 1982. Over 20 years ago in Jan- f tional Guard in 1962, and became the first Af- uary 1989 the USS Tennessee became the rican American to be commissioned as a Sec- first Ohio-class submarine to be stationed in CONGRATULATING THE CHAZY ond Lieutenant by the Officer Candidate Kings Bay. In Spring 2008 USS Georgia re- CENTRAL RURAL SCHOOL BOYS School at the Indiana Military Academy. He turned to Kings Bay to start a new type of mis- SOCCER TEAM served with National Guard units in Indiana sion as an SSGN. and Iowa prior to fulfilling his service obliga- Ohio-class submarines are modern marvels HON. WILLIAM L. OWENS tions. In 1980 Major Fox received a direct as the sea-based leg of the strategic deter- commission as a Captain (03) and was as- rence triad. SSBNs (or Boomers) have a wide OF NEW YORK signed to the 49th Military Police Brigade of range of capabilities and when directed by the IN THE HOUSE OF REPRESENTATIVES the California Army National Guard. President can rapidly target their missiles. Shortly after Major Fox assumed the Dean’s Each Boomer can carry 24 Trident missiles Tuesday, December 8, 2009 position at Fresno City College, he was trans- with up to 8 warheads per missile. These mis- Mr. OWENS. Madam Speaker, I rise today ferred to the 195th Transportation Battalion in siles have a range of over 7,000 miles and to congratulate Chazy Central’s boys’ soccer Fresno, where he served as a staff officer. He can reach their target within 30 minutes. The team for their victory in the 2009 New York was later selected to command the 2668th warhead is accurate enough to hit the area state soccer championship. Transportation Company. During his tenure as the size of a baseball diamond with the de- On Sunday the 22nd of November, high Commander, the 2668th was selected on structive force of 475 kilotons of TNT. As im- school soccer fans were treated to a great short notice to participate in Operation Team pressive as these ships are, they are operated soccer match between some of the most Spirit in the Republic of Korea. The unit was by the even more impressive Sailors of the skilled players in the state. The Chazy boys required to prepare assigned equipment, per- submarine force. Our Sailors have faithfully entered the state championship ranked as the sonnel and supplies to sustain the unit for safeguarded the Boomers without incident for number one team in their class and they car- forty days under combat conditions. The unit 50 years. Our submarine Sailors have set the ried that honor to the state championship, de- exceeded all time requirements in its prepara- gold standard for nuclear surety in the world. feating Northville Central School in the final tion and performed in a meritorious manner These Sailors are screened for physical, match. during the exercise. mental and psychological fitness to serve on After assignment to the 115th Support submarines. They spend up to two years in I also want to extend my congratulations to Group in Roseville, California, Major Fox re- school to know how to work on a submarine Coach Rob McAuliffe, who built upon an im- turned to the 185th Transportation Battalion including cooking, plumbing, electrical repair, pressive legacy to take our team to victory. I with the rank of Major (04) as Battalion S–2/ underwater maintenance, operating a nuclear understand that since 1953, the Chazy boys’ 3 with the responsibility of training and oper- powered propulsion plant and maintaining soccer team has had only four regular sea- ations. In 1994, Major Fox retired from the 100% reliability of the strategic missile system sons without a winning record, and the elite California National Guard after serving as Bat- all of the time. Most of the crew is between 20 status of these athletic young men could not talion Executive Director. to 25 years old but some already have college have been reached without the 14 years of Major Fox’s commitment to the welfare, pro- degrees and all are volunteers. Within one dedication from Coach McAuliffe. fessional development and career advance- year of first stepping onboard a submarine I want to congratulate the boys’ team of ment of the non-commissioned officers and these Sailors earn their ‘‘Dolphins,’’ a pin that Kyle McCarthy, Brandon Laurin, Kaleb Snide, junior commissioned officers under his leader- signifies they are fully knowledgeable of the Tyler Bulriss, Shea Howley, Jordan Berriere, ship were hallmarks of his service. His military submarine’s many technical systems and fully Andrew Rabideau, Nathan Reynolds, Andrew education includes the completion of the Ad- reliable during any casualty to be able to save Duprey, Marc Oshier, Nolan Rogers, Dyllan junct General Corps, Military Police Corps and the ship and their shipmates. They join the Hack, Ian Anderson, Michael Santor, Matt Transportation Corps Basic Officer Courses; proud history and tradition of the submarine Gravelle, and Austin Santor for all they have the Military Police Corps and Transportation force with World War II submarine heroes like accomplished. Their teamwork sets a strong Corps Advanced Officer Courses and attend- Mush Morton, Dick O’Kane and Admiral Eu- example for the community and reminds us all ance at the Command and General Staff gene Fluckey. Because of the sacrifice and what is possible when we come together. School. For his service, Major Fox has been hard work of these Trident Sailors they have Once again, congratulations to Coach awarded the Army Commendation Medal with kept the 18 Ohio-class submarines in out- McAuliffe for his continuing efforts and to the Cluster and the Army Achievement Medal. standing condition. These ships will last close Chazy Eagles on their success.

VerDate Nov 24 2008 06:24 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.012 E08DEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2908 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2009 INTRODUCING THE DEPARTMENT Fort Gordon dates to 1940, when the United IN MEMORY OF JODIE MAHONY OF VETERANS AFFAIRS ACQUISI- States Army recognized a need for a military TION IMPROVEMENT ACT OF 2009 installation near Augusta, Georgia that could HON. MIKE ROSS aid in combat during the ensuing Second OF ARKANSAS HON. STEVE BUYER World War. The groundbreaking actually took IN THE HOUSE OF REPRESENTATIVES OF INDIANA place in 1941, and the base was originally Tuesday, December 8, 2009 IN THE HOUSE OF REPRESENTATIVES named Camp Gordon after John B. Gordon, a Mr. ROSS. Madam Speaker, I rise today to Tuesday, December 8, 2009 general during the Civil War and former Gov- honor the memory of Joseph ‘‘Jodie’’ Mahony Mr. BUYER. Madam Speaker, today, I am ernor of Georgia. During World War II, Camp II of El Dorado, Arkansas, who passed away introducing the Department of Veterans Affairs Gordon was home to the 4th Infantry Division, on Saturday, December 5, 2009, at the age of Acquisition Improvement Act of 2009. This leg- 26th Infantry Division, and 10th Armored Divi- 70. Having served 36 years in the Arkansas islation addresses serious long-term procure- sion of the Army until they were deployed to state legislature, Jodie was a legend in Arkan- ment problems within the Department of Vet- Europe. However, in 1948, Camp Gordon be- sas government and politics and his presence erans Affairs (VA) and would provide the VA came the home of the Signal Corps Training will be deeply missed. Jodie committed his life to making Arkansas with greater oversight of its contracting and Center—for which it is most commonly known a better place to get an education, to live and asset management processes. today. VA has annual expenditures of more than to work. He was first elected to the Arkansas $14.1 billion for supplies, services, and con- Throughout the Korean war the need for House of Representatives in 1970 and served struction. The Department of Veterans Affairs signalmen grew, and the Signal Corps Train- 24 years before winning a Senate seat in Acquisition Reform Act of 2009 is a first step ing Center became the largest single source 1994. In 2002, after two 4-year terms, when to provide a centralized oversight and policy for Army communications specialists. Camp newly adopted term limits kept him from seek- for contracting and acquisition within the De- Gordon was also made a permanent installa- ing re-election as senator, he ran for the partment by streamlining business operations tion in 1956 and was renamed Fort Gordon. House again, where he was still eligible to under an Assistant Secretary for Acquisition, Further, during the Vietnam war era and after, serve two more 2-year terms. Jodie retired officially from elected office in Construction and Asset Management. This bill communications specialists became an abso- 2006, but his presence remained at the State will improve procurement processes by: lutely necessary component of highly techno- Establishing the position of the Assistant Capitol where he served as a part-time aide to logical and modernized warfare, and Fort Gor- the House Speaker during the 2007 legislative Secretary of Veterans Affairs for Acquisition, don was recognized as an exemplary institu- Construction and Asset Management who session. Throughout his career, Jodie filed tion for these soldiers as the Signal Corps would serve as the Chief Acquisition Officer 1,429 bills, with much of his efforts focused on for the VA. Training Center came to be known as the public and higher education, the develop- Providing an appropriate structure for acqui- United States Army Signal Center at Fort Gor- mentally disabled, child support enforcement sition policy and oversight over contracts and don. and natural resources conservation. In addition to Jodie’s public service, he and purchases. Fort Gordon and the troops and families sta- Requiring the Secretary to establish and his family have played an influential role in the tioned there were instrumental in Operations state’s legal history. The grandson and son of maintain a comprehensive centralized Depart- Desert Shield and Desert Storm, and during ment-wide acquisition program, and to develop lawyers, Jodie followed in his family’s foot- the 1990s the installation was responsible for steps to become a lawyer, and today, in its a streamlined approach to purchasing goods training most of the DoD personnel who oper- and services. 113th year, the Mahony law firm is the oldest ate and maintain satellites, as well as training Providing VA the authority to use personal operating law firm in the State of Arkansas. services contracts to ensure patients at VA signal troops of allied and former nations. Jodie also served in the U.S. Marine Corps in medical facilities are provided quality contract Currently, approximately 19,000 soldiers are active duty and the reserves. Our State is better for Jodie’s service to it care without unnecessary expenses. stationed at Fort Gordon, and Augusta has Authorizing the VA to have complete re- and its people. I never thought of Jodie as a been a welcome home to all of them. To this politician, but rather as a statesman. He had sponsibility and auditing authority for the two day, the base continues its tradition of suc- Federal Supply Schedules delegated to the the respect of every legislator for his knowl- cess in the Signal Corps, as it trains soldiers edge, fairness and commitment to our great VA by the General Services Administration. for deployment into theater in Iraq and Af- Providing a clear definition for small busi- State. I had the privilege of serving with Jodie ghanistan. On behalf of Georgia’s 11th Con- ness concerns to be listed in the database of during my time in the Arkansas state legisla- gressional District, I am proud of the continued veteran-owned businesses maintained by the ture from 1991 through 2000 and he was a VA. dedication to the safety and security of the friend, a role model and someone I trusted for I am pleased to be joined by a number of United States of the men and women at Fort sincere advice and counsel. My thoughts and prayers and those of every members in introducing this much needed leg- Gordon and thank them for their nearly 60 Arkansan are with Jodie’s family during this islation, and urge my colleagues to support years of service to this Nation. Georgia has difficult time, especially to his wife, Bettie the bill. been blessed with an abundance of willing men and women who are committed to ensur- Anne; his two sons, Joseph K. Mahony III and f Michael Emon Mahony; and three grand- ing freedom and liberty for America, and I COMMENDING THE SOLDIERS AND children, Jordan, Alexandra and Joseph K. thank each of them for their service. CIVILIAN PERSONNEL STA- Mahony IV. TIONED AT FORT GORDON I believe that the brave men and women at Jodie will be deeply missed, but never for- Fort Gordon and every military installation who gotten. Although he is no longer with us, SPEECH OF sacrifice for our present freedoms deserve our Jodie’s many contributions to improving our HON. PHIL GINGREY fullest support. Our Nation’s service men and state will continue on forever, serving as a re- women represent the best our country has to minder of his hard work and many good deeds OF GEORGIA throughout an accomplished legislative career IN THE HOUSE OF REPRESENTATIVES offer, and they must be treated with the re- spect and honor they deserve. As we ask and life. Monday, December 7, 2009 these courageous soldiers, sailors, airmen, f Mr. GINGREY of Georgia. Mr. Speaker, I and marines—and their families—to do more IN HONOR OF MRS. EDITH rise today as a cosponsor of H. Con. Res. and more, it’s only right we continue doing all ARMSTEAD GRAY 206, a resolution commending the soldiers we can for them. Commending the accom- and civilian personnel stationed at Fort Gor- plishments and service of our troops at Fort HON. SANFORD D. BISHOP, JR. don and their families for their service and Gordon is just one small example of the grati- OF GEORGIA dedication to the United States and recog- tude that every American should express to IN THE HOUSE OF REPRESENTATIVES nizing the contributions of Fort Gordon to Op- eration Iraqi Freedom and Operation Enduring our troops at home and abroad. Tuesday, December 8, 2009 Freedom and its role as a pivotal communica- With that, Mr. Speaker, I ask all of my col- Mr. BISHOP of Georgia. Madam Speaker, I tions training installation. leagues to support this resolution. rise today to honor the life and the legacy of

VerDate Nov 24 2008 06:24 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.014 E08DEPT1 tjames on DSKG8SOYB1PROD with REMARKS December 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2909 Mrs. Edith Armstead Gray. Mrs. Gray passed cated earthly service, she has now claimed board 1972–1978; member President’s Com- away December 1 at the age of 99. Mrs. Gray her crown of righteousness. mission on White House fellowships 1975; was a lady of style, grace, and compassion. I extend my deepest sympathies to the Gray served on Federal Energy Administration Con- But, most of all, Mrs. Gray earned the highest family and thank them for sharing this special sumer Affairs/Special Impact Advisory Com- honor that could be bestowed upon any of us: woman with the world for so many years. mittee 1974–1976; and served for 7 years as ‘‘Servant.’’ f a representative for the United States on the Mrs. Gray was born in Galveston, Texas, in Organization of American States Inter-Amer- 1910 to Henry and Millie Armstead. She en- TRIBUTE TO SENATOR PAULA ican Drug Abuse Commission. rolled at Tuskegee Institute, now University, as HAWKINS Senator Hawkins is survived by her hus- a student majoring in home economics. She band Gene Hawkins of Winter Park, Florida accepted her first and only teaching job in HON. JOHN L. MICA and three children, Genean McKinnon of Win- Conecuh County, Alabama, and returned to OF FLORIDA ter Park and Montreal, Kevin Hawkins of Den- summer school to earn her B.S. degree from IN THE HOUSE OF REPRESENTATIVES ver, Colorado and Kelly McCoy of Orlando, Tuskegee in 1940. Tuesday, December 8, 2009 Florida, as well as, 11 grandchildren and 10 During her extraordinary teaching career, great-grandchildren. Mr. MICA. Madam Speaker, it is with sad- she became a great role model for thousands f of young men and women who entered her ness that I report to the House of Representa- classroom. But, her commitment and dedica- tives the passing of former United States Sen- SPEECH ON AFGHANISTAN tion to humankind did not limit itself to the ator Paula Hawkins. Florida’s former State classroom. Public Service Commissioner and U.S. Sen- HON. IKE SKELTON Shirley Chisholm once said that ‘‘Service is ator died Friday, December 4 in Orlando, Flor- OF MISSOURI the rent that we pay for the space that we oc- ida. With Paula Hawkins’ passing, we have IN THE HOUSE OF REPRESENTATIVES cupy here on this earth.’’ Mrs. Gray paid her lost a remarkable public servant and trailblazer Tuesday, December 8, 2009 rent and she paid it well. She gave dedicated for women and all Americans in the state and service to many community organizations to national political landscape. Mr. SKELTON. Madam Speaker, on Friday include: the Conecuh County branch of the A resident of Winter Park, Florida, who December 4, 2009, I had an opportunity to ad- NAACP; the Evergreen Housing Authority began her public career in nearby Maitland, dress the American Security Project Con- board of directors; the Neoteric Club, now as- Florida, was born Paula Fickes in Salt Lake ference regarding the situation in Afghanistan. sociated with Neoteric Clubs of Alabama; the City, Utah, on January 24, 1927. She received This speech followed a hearing of the House Mt. Zion A.M.E. Zion Church; the County Re- her education from the public school systems Armed Services Committee, which I chair, the tired Teachers Association; and a life member in Salt Lake City and Richmond, Utah, as well day before. My address is as follows: of the advisory board at Reid Technical Col- as, Atlanta, Georgia, attending Utah State Uni- [Speech given at the American Security lege. Because of her dedicated service to versity from 1944–1947. Project Conference, Dec. 4, 2009] Reid Technical College, the library and tech- In 1972, she became the first woman in BEYOND THE SURGE: ASSESSING THE nology center now proudly bears her name. Florida elected statewide with her winning a PRESIDENT’S AFGHANISTAN STRATEGY Mrs. Gray was a trailblazer. She was a seat on the Public Service Commission. With (By Ike Skelton) founding member of the Conecuh branch of her election and work to reform Florida’s State First, let me take a moment to thank Ad- the NAACP and the Neoteric Club. She Utility Commission, she gained the name as miral Gunn for that introduction. You’re too worked tirelessly to make sure that citizens in the battling ‘‘Maitland Housewife.’’ In 1980, kind. I’d like to extend that thanks to Sen- her community exercised their power of the she became the first woman elected to the ator Hart and the American Security Project ballot. United States Senate without being proceeded as a whole. You’re doing great work, and I Mrs. Gray married Philander A. Gray in in office by a husband or family member. appreciate your efforts. I’d also like to say happy birthday to Evelyn Farkas, here at 1936. From that union came three accom- In the United States Senate, she authored ASP. I would also like to thank our brave plished children: Phyllis Hallmon, my chief of the Missing Children’s Act in 1982. During her men and women in uniform. We have asked staff, Frederick Gray, and Jerome Gray. Upon 6-year term, she championed children’s and much of them in the past decade, and they the death of her husband in 1953, as a single women’s issues and created a public dialogue have not failed to deliver. parent, she reared her three children and on the subject of missing, exploited and Two months ago, I wrote a letter to the passed on to each of them a love for people abused children. ‘‘Senator Paula Hawkins was President saying, essentially, that he should and public service. All of them have had dis- tireless, tenacious and an incredible champion listen to his commanders in the field. Being tinguished careers and are making their mark for America’s children,’’ said Ernie Allen, a member of Congress, it took six pages to say that, but that was the basic message. I on the world because of their mother’s strong President of the National Center for Missing & made that same point in private conversa- influence. Frederick has served for many Exploited Children. ‘‘We will cherish her mem- tions with the President. And so it pleased years as a United Methodist pastor. His ory and miss her very much.’’ me the other night when the President charge has been to bring souls to Jesus Christ Senator Hawkins was also responsible for agreed to provide General McChrystal with for His service. Jerome has served as the the passage of Radio Marti legislation and a additional forces needed to make this new State Field Director for the Alabama Demo- number of measures assisting women in the strategy work. cratic Conference. Like his dear mother, he workforce. She Chaired the Investigation and But before assessing the overall strategy, I Oversight Subcommittee of the Senate Labor think we should take a moment to remind has devoted his life and work to the expansion ourselves why we’re in Afghanistan and the of political and civic opportunities for African- and Human Resources Committee. In addi- threat we face there. Americans. He has been involved in many ca- tion, the Senator served as Chair of the Sen- Al Qa’ida presents a serious threat to our pacities at the local and state levels in the ate Subcommittee on Children, Family, Youth nation. Osama bin Laden and his minions fight for civil rights and equal opportunities. He and Drugs and was responsible for estab- have attacked us or attempted to attack us currently serves as a Deputy Commissioner of lishing the U.S. Senate Child Care Center. many times over the years. The most re- Agriculture for the State of Alabama. Phyllis Mrs. Hawkins was instrumental in building markable attack involved the murder of 3000 has also had a distinguished career, serving the Republican Party, both at the state and civilians—men, women, and children—but it national level. She began her GOP work at was hardly the only attack. And I do not be- as a public school teacher, government law- lieve that anyone has a good reason to be- yer, legislative director to a United States Sen- the local level, served as National Republican lieve that they have given up their attempts ator, and chief of staff to two Members of the Committeewoman from Florida and co-chaired to attack us. United States House of Representatives. In the 1984 Republican Convention Platform Following our invasion of Afghanistan in the same vein as her mother, she has distin- Committee. Senator Hawkins was also state response to this attack, al Qa’ida largely fled guished herself as a woman of hard work and co-chair in Florida for several successful Re- to the border regions of Pakistan. Their compassion. The legacy of Mrs. Gray will live publican Presidential campaigns. Taliban allies, meanwhile, continue to esca- on through each of them and their progeny. Senator Hawkins received numerous late their attacks in an attempt to over- Her legacy of good will is something that we awards and was honored by selection to Flor- throw the Afghan government and drive out the international coalition. all should seek to replicate. Our country and ida’s Outstanding Women’s Hall of Fame. Others have differing opinions on this, but our world are better because Edith Armstead Prior to election to the U.S. Senate she I do not believe that we can ultimately de- Gray passed this way. She will be sorely served as a vice president of Air Florida stroy al Qa’ida if we cannot prevent them missed. I know that after 99 years of dedi- 1979–1980; director, Rural Telephone Bank from recreating a safe haven in Afghanistan.

VerDate Nov 24 2008 06:24 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.017 E08DEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2910 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2009 I also do not believe that we can be success- prior Administration thought it was doing, ernment does not serve them. And President ful in rooting them out of Pakistan if we fail ultimately resembled conducting combat op- Karzai has not always been helpful—his fam- in Afghanistan. erations without any thought of what we ily is perceived to be part of the problem, Afghanistan and Pakistan have some in- were trying to accomplish. So having a and his unwillingness to remove the immu- herent advantages for al Qa’ida that other strategy, much less a good one, is a great nity from some ministers so the Afghan At- places may not. Having been in the region start. torney General can indict them is not help- for over 20 years, they have married into President Obama also, I am pleased to say, ful. local tribes and made contacts with other ex- took my advice. He listened to his military There are ways we can help push for re- tremist organizations. These connections leaders, including Generals McChrystal and form—for example, not working with those have allowed the senior leaders to hide suc- Petraeus, Admiral Mullen, and Secretary leaders who prove to be corrupt so that their cessfully for many years. Gates. Ultimately, the President endorsed ability to deliver for their followers or to Afghanistan is also of strategic value to al adding 30,000 troops to carry out his strat- make money is hampered—but we have to Qa’ida. In losing Afghanistan, they lost not egy. This is on top of the 21,000 he dispatched take this seriously. President Karzai, in his only the support of a government and the use to Afghanistan earlier this year. In January inauguration speech also promised to crack of an entire country as a safe haven, but suf- 2009, there were about 33,000 U.S. troops in down on corruption and to hold a loya jirga fered a tremendous blow to their image. Re- Afghanistan. In about 7 months, there will of national reconciliation. I would like to establishing a safe haven in Afghanistan be three times that. That is, I believe, a hear from General McChrystal and Ambas- could rehabilitate this image among those clear sign of the President’s resolve and will- sador Eikenberry how we can hold him to who resent or oppose the United States, lead- ingness to do what it takes to be successful these promises and push to have the jirga ing to increases in recruiting and funding. in Afghanistan. also help develop a compact of what the Af- Nor can we consider Afghanistan and Paki- Yesterday, the House Armed Services Com- ghan people have a right to expect from their stan in isolation—the security situation in mittee, which I have to honor to chair, government. Afghanistan can have a negative impact on hosted Secretary Gates, Admiral Mullen, and Members will also likely ask about the the stability of Pakistan. It is foolish to Deputy Secretary of State Lew. Next Tues- promised assessment of efforts in December think that if the Taliban and al Qa’ida were day, we will hear from General McChrystal 2010. I think that is a good time to begin able to reestablish themselves in all or part and Ambassador Eikenberry. Members, prop- such an assessment—six months after all the of Afghanistan, they would not lend support erly, have a lot of questions about the strat- promised troops arrive in country—but mem- to those militants seeking to overthrow or egy, and we want to make sure that the de- bers will likely have many questions about destabilize the Pakistani state. Al Qa’ida has tails have been thought through. I’ll list a it. What will we assess? What is an accept- already assisted the Pakistani Taliban in few of the areas we have explored or will able level of progress? What are the options carrying out attacks on the Pakistani gov- next week. if progress is insufficient? These are all obvi- ernment, and I would expect this aid to in- Many members are concerned about the ous questions. The one thing I would say is crease if al Qa’ida regained a base in Afghan- July 2011 date to begin redeployment. So far, that I think it will behoove all of us to offer istan. There was an attack at a mosque ear- most have focused on that date as being set, the Administration some breathing space be- lier today that killed dozens. With a secure rather than completely conditions based, but fore we make judgments about the success of base for al Qa’ida, I would expect many more to me it looks like this is a case where there the plan. Asking questions is fair, drawing such attacks. And the only thing worse than isn’t much to complain about. Secretary conclusions about the success or failure of al Qa’ida loose in Afghanistan again is a de- Gates and Admiral Mullen were pretty clear the strategy before it is really implemented stabilized, nuclear-armed Pakistan. that not only were they comfortable with probably isn’t. On Tuesday night, the President proposed the date, but that they thought it served the So, in the first few days after the an- what I think is a good way ahead as we ad- useful purpose of motivating the Afghans. nouncement of the new strategy, those are dress this threat. From the extensive media To me, what happens after that date is at some of my thoughts. I think the President reporting on the process, we all know how least as important as the date itself. Sec- is to be commended for the strategy and the thorough a review was conducted by the retary Gates testified that the process of resolve he is showing. I believe he is fully White House, lasting months and including transition that begins on that date would aware of the threat posed by al Qa’ida and somewhere around 10 cabinet secretary level itself be slow and conditions-based, so that the potential posed by a sanctuary for terror meetings and extensive consultation with while the start of the process was fixed in in Afghanistan and a possibly destabilized every expert they could find. time, the end could be adjusted as required. Pakistan. These are serious threats we are President Obama’s strategy rightly focuses And I think that flexibility and realistic ap- facing, and the President is clearly prepared on seizing the initiative from the enemy, proach to a difficult process is exactly right. to take realistic, effective and fully One other concern, and one that in my building Afghan capacity, and ultimately al- resourced steps to address them. mind might be more realistic, is the unin- lowing the Afghan government and security So I conclude as I started, by thanking all tended consequences of setting out such a forces to take the lead in fighting this war. of you for what you do, and by asking you to message. The message of a gradual, condi- The President has appropriately think of the brave men and women in uni- tions-based transition may not be under- form, and the civilians who will assist them, called for additional troops from our stood the same way by all audiences. The allies—this is not just America’s war, who will have to do the hard, dangerous Pakistanis may well believe that it signals work to make this strategy a success. We and we must not allow it to become that the United States is once again leaving owe them a great deal, and we should never that. Perhaps more importantly, the the region, and that might undermine our forget it. President has put the burden of reform hopes of gaining their cooperation. Various Thank you. ethnic groups in Afghanistan, fearing a civil squarely on the Afghan government, f laying out clear expectations of per- war after we begin to depart, could start stockpiling weaponry or hedge their bets in TRIBUTE TO BART NELSON, formance and promising support for other unhelpful ways. I think we have to those ministries and local leaders that FOUNDER AND CEO OF NELSON keep our eyes open for this possibility and be IRRIGATION CORP perform. creative in reassuring the Afghans and the The President has also rightly acknowl- Pakistanis that we are not abandoning them. edged the importance of Pakistan. Pakistan Corruption in the Afghan government, and HON. CATHY McMORRIS RODGERS remains a challenge, playing a key and often the legitimacy or illegitimacy of that gov- OF WASHINGTON contradictory role in the region. Pakistan, ernment, is also frequently a subject of ques- IN THE HOUSE OF REPRESENTATIVES by assisting in the pursuit of al Qa’ida and tioning. It’s a concern I share, and one that Afghan Taliban leaders, could help bring the President Karzai’s recent election rein- Tuesday, December 8, 2009 war in Afghanistan to an end. Conversely, if forced. On the positive side, there are min- Mrs. MCMORRIS RODGERS. Madam Pakistan were to return to old habits of sup- isters and ministries in Afghanistan that Speaker, today I rise to recognize Nelson Irri- porting the Afghan Taliban, the war may be have functioned well—Minister Wardak at almost impossible to win. More concerning, the Defense Ministry and Minister Atmar at gation and its extraordinary founder, Bart Nel- the continued ascendency of militant move- the Interior Ministry are honest effective son. Recently recognized by the Seattle Busi- ments in the region could destabilize Paki- ministers. The Health Ministry, Education ness magazine as one of Washington’s top stan, a country with nuclear weapons. This Ministry, and the National Solidarity Pro- innovators and entrepreneurs, Nelson has could be disastrous for all of us. gram, run by the Ministry of Rural Rehabili- been one of the United States’ leading pio- I think this is a good strategy. Perhaps tation and Development, all seem to be func- neers in the field of agricultural irrigation. most importantly, it is a strategy that I be- tioning well. Headquartered in Walla Walla, WA, Nelson lieve has a good chance of success. In the But there are also legitimate concerns. past, I have often said that we lacked a High level corruption among ministers and Irrigation, Nelson, plans, designs, develops, strategy for the first 7 years of the war in Af- governors; shakedowns by police, judges, and manufactures, and sells proprietary products ghanistan. Some of my colleagues have sug- other authorities; and perceptions that war- for the irrigation equipment market. His prod- gested that this assertion may not be en- lords are untouchable by the law feed the be- ucts are sold to customers throughout the tirely fair. But, the result of whatever the lief among the Afghan people that their gov- United States and the world. What makes this

VerDate Nov 24 2008 06:24 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.019 E08DEPT1 tjames on DSKG8SOYB1PROD with REMARKS December 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2911 company and its founder so special is that torical circus artifacts in the world, and the Cir- the Board is critical to maintaining the excel- Nelson is not just focused on running an eco- cus World Museum’s Robert L. Parkinson Li- lent management standards set by the Na- nomically successful company, but doing so in brary and Research Center has become the tional Park Service. a responsible way. The company specifically world’s foremost research facility for circus The Concession Management Advisory focuses on using natural resources respon- history. With objects dating back to 1793, Board was established by the National Parks sibly, thereby saving both water and energy these organizations are leaders, both on a Omnibus Management Act of 1998. The with its innovative products. local and national level, in the preservation of seven-member panel advises the Secretary of If one drives through my home district of circus materials. By maintaining the docu- the Interior and the National Park Service on eastern Washington, you can’t help but spot ments, objects, and knowledge base associ- matters relating to the effective management some of Nelson’s products at work. These in- ated with the circus, the Wisconsin Historical of concessions in units of the National Park novative irrigation systems are helping to Society and the Circus World Museum have System. Reauthorization of this Board is im- produce food for an expanding global popu- conserved a valuable aspect of our national portant to ensure that the lodging, transpor- lation. In fact, Nelson recognizes the impor- heritage. The Historical Society’s work on be- tation, dining and other services provided to tance of their innovative products not just half of the Ringling Brothers Circus, as well as park visitors are of the very highest quality. helping feed a growing population, but improv- the circus industry as a whole, serves as an H.R. 3804 also raises the ceiling for the ing the quality of life for countless people ideal example of its dedication to the local popular Volunteers in Parks program from throughout this country and the world. communities and to the enrichment of society $3.5 million to $10 million. Volunteers, of Madam Speaker, with such innovative, dedi- through historical preservation. course, are not paid, but many receive reim- cated, and sincere entrepreneurs as Bart Nel- The citizens of Baraboo can be proud of bursement for travel costs or other small ex- son helping to expand the irrigation products their city, and its role as the first home to the penses. Our national parks simply could not to new levels, I am confident that both eastern ‘‘Greatest Show on Earth.’’ Since its inception, function without these volunteers, and the VIP Washington and the United States can look the Ringling Brothers Circus has cultivated a program is really the least we can do to repay forward to a future of world-class innovation reputation for excellence in entertainment, their enormous contributions. and prosperity in the agricultural industry. while the Circus World Museum has set the At the request of the National Park Service, f standard for circus history preservation. I H.R. 3804 changes the designation of the therefore commend Ringling Bros. and Bar- Martin Luther King, Junior, National Historic HONORING THE 125TH ANNIVER- num & Bailey Circus for its sustained contribu- Site in Atlanta to the Martin Luther King, Jr. SARY OF THE RINGLING BROTH- tions to the national circus industry, as well as National Historical Park, to better reflect the ERS CIRCUS the Wisconsin Historical Society and the Cir- size and complexity of the unit. cus World Museum, for their dedication to cir- The bill also makes several minor boundary HON. TAMMY BALDWIN cus history and research. adjustments that will allow the National Park OF WISCONSIN f Service to cooperate with other sites near the IN THE HOUSE OF REPRESENTATIVES U.S.S. Arizona Memorial to make ticketing NATIONAL PARK SERVICE AU- Tuesday, December 8, 2009 easier for visitors and makes technical correc- THORITIES AND CORRECTIONS tions for six provisions in the omnibus parks Ms. BALDWIN. Madam Speaker, I rise ACT OF 2009 bill from earlier this year. today to honor the 125th anniversary of the Finally, H.R. 3804 will strengthen law en- SPEECH OF Ringling Brothers Circus and to recognize the forcement in our national parks by increasing role of both the Circus World Museum and the HON. PAUL TONKO and standardizing penalties for violations of Wisconsin Historical Society in the preserva- OF NEW YORK park laws. tion of circus industry history. The Ringling IN THE HOUSE OF REPRESENTATIVES I urge my colleagues to vote in favor of this Brothers Circus has become a celebrated na- bill so that our Park Service can move to a Monday, December 7, 2009 tional entertainment enterprise based in more stable future. Baraboo, Wisconsin, while the Circus World Mr. TONKO. Mr. Speaker, as a new Mem- f Museum and Wisconsin Historical Society ber of Congress, I have spent this year ac- have developed an impressive collection of tively seeking opportunities to offer construc- THE HEALTH CARE REALITY circus artifacts and knowledge. tive legislative proposals on issues important CHECK ACT The Ringling Brothers Circus rose to promi- to my constituents and to the Nation. I have nence under the leadership of several been honored to sponsor measures dealing HON. EARL BLUMENAUER Baraboo area brothers, eventually becoming with improving highway safety and fostering OF OREGON one of the most successful entertainment en- research and development for alternative en- IN THE HOUSE OF REPRESENTATIVES terprises in American history. This circus has ergy. contributed to the economic and cultural vital- In addition to my other legislation focused Tuesday, December 8, 2009 ity of Wisconsin since the Ringling brothers on energy and transportation safety, I also di- Mr. BLUMENAUER. Madam Speaker, today gave their first performance on May 19, 1884. rected my staff to contact the National Parks, I am proud to introduce the Health Care Re- Though Chas, Al, John, Alf, and Otto Ringling Forests and Public Lands Subcommittee be- ality Check Act of 2009. launched their small business with less than cause the protection and preservation of our It has become clear that some of my col- $100 in assets, these five Baraboo natives parks, heritage areas, forests and public lands leagues in Congress lack proper perspective went on to purchase the world famous Bar- are of vital interest to me and the people I rep- on the urgency of health reform because, iron- num and Bailey Circus. The organization con- resent. ically, as Members of Congress we enjoy tinued to grow, exhibiting the unique talents The committee informed me that the Na- some of the best health security in the world and showmanship of this Sauk County family tional Park Service needed legislation to deal through our government-administered health for hundreds of audiences across the country. with a number of technical concerns facing the care: Combining their passion for performance with agency, and I was honored to act as the spon- All Members of Congress are eligible—and an entrepreneurial spirit, the Ringling brothers sor. most participate in—the Federal Employee created one of the longest-running entertain- H.R. 3804 includes 10-year reauthorizations Health Benefits Program, which provides all ment enterprises in the world. The work of the for two important advisory boards, the National Federal employees with a Government-nego- Ringling brothers and the success of their cir- Park System Advisory Board and the National tiated insurance exchange that is subsidized cus provide impressive examples for ambitious Park Service Concession Management Advi- by their employer: the Federal Government; performers and business people everywhere. I sory Board. Almost 150 Members of Congress qualify am proud of the group’s contributions to both The National Park System Advisory Board for Medicare, a single-payer Government in- the state of Wisconsin and to audiences was first authorized in 1935 and advises the surance plan; throughout America. NPS Director and the Secretary of the Interior The 121 Senators and Representatives who Over the past half century, the Wisconsin on matters relating to the agency, the National served in our Armed Forces are eligible for the Historical Society and the Circus World Mu- Park System, and programs administered by ‘‘socialized’’ health care we provide for all vet- seum have become stewards of circus indus- the NPS, including the designation of national erans; and try memorabilia and information. Baraboo is historic landmarks and proposed national his- Members who aren’t veterans can avail home to one of the largest collections of his- toric trails. A full, 10-year reauthorization of themselves to a similar ‘‘socialized’’ program—

VerDate Nov 24 2008 06:24 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.021 E08DEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2912 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2009 the Attending Physician in the U.S. Capitol, for seek damages against the French National pied by road crash victims, while in others the an annual fee of around $500. Railway (Societe Nationale des Chemines fatalities rank second only to HIV/AIDS. These Government-run health programs Fers Francais—SNCF) in Federal Court for its Along with the unfathomable human cost of have successfully provided countless Senators transportation of French and other Jews to road crashes, there are also grave economic and Representatives with life-saving medical Auschwitz as well as its supply of personnel to costs to individuals, families, and communities. treatments, but as we all know, most Ameri- facilitate the transportation and the assessed It is estimated that road crashes cost $518 bil- cans don’t have this kind of protection. charges per person. The French Government lion globally each year. In developing coun- Members of Congress should not have ac- claims immunity from legal action due to the tries, road crashes have a dramatic impact on cess to taxpayer-funded healthcare when they Foreign Sovereign Immunities Act, yet the their fragile economies, costing an estimated are actively denying these very people quality FSIA was passed 30 years after the action $100 billion, and often exceeding the total care of their own. causing the damages for which the plaintiffs amount received by these countries in devel- Congress needs a reality check. seek. The bill allows the plaintiffs to sue re- opment assistance. Furthermore, road crashes In 2007, before the economy collapsed, 42 gardless of the strictures of the FSIA. place a preventable strain on first responder percent of all adult Americans under 65 were Nothing will ever make up for the unthink- services, health care services, and health in- either uninsured or underinsured. Our dire un- able atrocities undertaken by Nazi Germany surance services, as many victims require ex- employment rates and escalating health care and its sympathizers during World War II, but tensive, and expensive, critical care, as well costs have only made this situation worse. every bit of justice is important. No perpetrator as follow-up care and rehabilitation. In coun- Today half of all American families delay seek- or accomplice of the Holocaust should ever go tries where a primary bread-winner is killed or ing medical treatment because they have such unpunished. This bill allows some measure of injured, or must care for the injured, this can a tenuous health insurance situation. Many of closure for those who have suffered for far too destroy livelihoods and devastate commu- my colleagues do not fully appreciate the long. nities. plight of 50 percent of our population, but we f The First Ministerial Conference on Road can help them understand. Safety in Moscow addressed each of these Until health reform is enacted, Members of FIRST GLOBAL MINISTERIAL issues, as well as many other key components Congress should get to experience the tender CONFERENCE ON ROAD SAFETY of the road safety epidemic, in an intensive mercies of our fragmented, complex, and ex- two days of plenary sessions and panel dis- ploitative health care system. My Health Care HON. ROBERT WEXLER cussions during which high level delegates Reality Check Act terminates all government- OF FLORIDA from various nations and organizations shared administered health benefits for Members of IN THE HOUSE OF REPRESENTATIVES experiences, ideas, and best practices. I would like to commend the U.S. delega- Congress until comprehensive health reform is Tuesday, December 8, 2009 signed into law: no more Federal Employee tion, which included representation from the Health Benefits Program, no Medicare, no VA, Mr. WEXLER. Madam Speaker, as a found- Department of State, the Department of Trans- no attending physician in the Capitol. ing co-Chair of the Congressional Caucus on portation, the Centers for Disease Control and Instead, Senators and Representatives may Global Road Safety, I rise today to praise the Prevention, and other partner state and fed- self-insure or they can rely on a spouse’s highly encouraging efforts and outcomes of eral agencies, for its robust participation and company having employer-provided insurance, the First Global Ministerial Conference on high level representation throughout the Con- thus tying them—like millions of Americans— Road Safety, which took place in Moscow, ference. As the first global forum for road to the employment of a family member. Some Russia, on November 19 and 20, 2009. safety, this conference was truly an historic will need to buy health insurance on the pri- This important conference was the result of event. I am pleased that the U.S. delegation vate market, exposing them to legal discrimi- a five-year effort by a global community of took a strong leadership role in addressing nation based on age and gender. stakeholders from multilateral and bilateral in- U.S. road safety goals and objectives, as well By personally dealing with rescissions, pre- stitutions, from governmental and nongovern- as in working constructively with the Con- existing condition exclusions, the fine-print of mental organizations, and from academia and ference to establish new benchmarks for best insurance contracts and the gaps in coverage civil society. These groups are dedicated to practices and road traffic injury prevention, as from weak consumer protections maybe my raising international awareness and to mobi- announced in the Moscow Declaration. colleagues can better grasp the urgency of our lizing a global response to advancing road The Moscow Declaration reinforces govern- health care crisis. safety. mental leadership and guidance on road safe- If our own health security were linked to the Hosted by President Dmitry Medvedev and ty, sets regional casualty reduction targets, success of health reform for all Americans, we the Russian Federation, this conference and offers a new framework for international will have a bill enacted within weeks, guaran- brought together transportation ministers, cooperation on global road safety. It declares teed. health ministers, non-governmental organiza- the decade 2011–2020 as the ‘‘Decade of Ac- f tions, and experts from across the globe and tion for Road Safety’’ with the goal of stabi- reflected a growing understanding among na- lizing and reducing the forecast level of global INTRODUCING LEGISLATION AD- tions to seek opportunities to cooperate on road deaths. Finally, the Declaration encour- DRESSING WORLD WAR II AND tackling one of the world’s most severe prob- ages the U.N. General Assembly to assent to THE DEPORTATION OF JEWS lems today—the epidemic of road crash the goals and policies it proposes. AND OTHERS TO CONCENTRA- deaths and injuries. I would like to acknowledge the hard work TION CAMPS The statistics for this epidemic are stag- of all those who helped make the First Min- gering: 1.3 million people are killed annually isterial Conference on Global Road Safety a HON. CAROLYN B. MALONELY on the world’s roads and 50 million more are success. I applaud the Russian Federation for OF NEW YORK injured. The number of deaths each year is taking the initiative of hosting this critical con- IN THE HOUSE OF REPRESENTATIVES the equivalent of 10 jumbo jets crashing every ference in Moscow. I would also like to con- day, and the toll is continuing to increase dra- gratulate the U.S. delegation and other partici- Tuesday, December 8, 2009 matically. At the current rate of growth, road pants from around the world for having dem- Mrs. MALONEY. Madam Speakers, I am crashes will be the fifth leading cause of death onstrated a promising commitment to the im- pleased to join my colleagues Ranking Mem- overall by the year 2030, and the first leading portant goal of reducing road deaths on a ber ILEANA ROS-LEHTINEN and Congressman cause of death for children aged five and older global scale. JERRY NADLER in introducing bipartisan legisla- by 2020, rivaling the top and often more well- I and the rest of the Congressional Caucus tion that addresses a horrific period in world known global health epidemics. on Global Road Safety look forward to main- history: World War II and the deportation of Road crashes do not discriminate by age, taining a fruitful dialogue with the Russian millions of Jews and others to concentration class, gender, race, or nationality. Nor do they Federation, other governments, the inter- camps. This bill would affect French railroad respect the bounds of geography. In the national NGO community and other organiza- companies, which took more than 75,000 United States alone the death toll is an esti- tions, with the aim of finding further ways to Jews from France to concentration camps dur- mated 44,000 people annually, and road improve road safety, and I am hopeful that the ing World War II, less than 3 percent of whom crashes have become the leading cause of Congress as a whole will continue to do so as survived. Under current law, these foreign en- death among Hispanics under 34 years of well. Finally, I encourage the Obama Adminis- tities are immune from legal action. Specifi- age. Meanwhile, in some African countries, up tration and the American delegation to con- cally, the bill provides plaintiffs the right to to half of all hospital surgical beds are occu- tinue their strong leadership in ensuring that

VerDate Nov 24 2008 06:24 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.024 E08DEPT1 tjames on DSKG8SOYB1PROD with REMARKS December 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2913 the casualty reduction targets and the road CONGRESS IS TAKING THE WRONG On January 6th, 2009, the start of the 111th safety initiatives detailed in the Moscow Dec- APPROACH ON ESTATE TAX RE- Congress, the national debt was laration are accomplished, both at home and FORM $10,638,425,746,293.80. abroad. That means the national debt has increased HON. JERRY MORAN by $1,447,746,368,074.43 so far this year. f OF KANSAS According to the nonpartisan Congressional IN THE HOUSE OF REPRESENTATIVES Budget Office, the forecast deficit for this year PERSONAL EXPLANATION Tuesday, December 8, 2009 is $1.6 trillion. That means that so far this year, we borrowed and spent an average $4.4 Mr. MORAN of Kansas. Madam Speaker, billion a day more than we have collected, HON. TIMOTHY V. JOHNSON farmers, ranchers, and other small businesses passing that debt and its interest payments to are the backbone of the Kansas economy. our children and all future Americans. OF ILLINOIS The ability to pass a business from one gen- eration to the next is critical to a business’s f IN THE HOUSE OF REPRESENTATIVES ongoing success. Rural America has enough SATELLITE HOME VIEWER Tuesday, December 8, 2009 trouble retaining a youthful workforce. The es- REAUTHORIZATION ACT OF 2009 tate or ‘‘death’’ tax does not aid our efforts in Mr. JOHNSON of Illinois. Madam Speaker, promoting long term growth and curbing de- SPEECH OF unfortunately earlier today I was unable to population. cast my votes on H.R. 3288, H. Con. Res. A major obstacle to the continuity of a busi- HON. FRANK KRATOVIL, JR. 199, H. Con. Res. 206, and H. Res. 940 and ness is the estate tax. I have long sought a OF MARYLAND wish the record to reflect my intentions had I permanent repeal of the estate tax. This tax IN THE HOUSE OF REPRESENTATIVES been able to vote. comprises less than one percent of U.S. reve- Wednesday, December 2, 2009 nues, but poses a substantial impediment to Last night, as you are aware, there were no the growth of family farms and small busi- Mr. KRATOVIL. Madam Speaker, I rise in votes in the House of Representatives due to nesses. H.R. 4154, Permanent Estate Tax Re- support of H.R. 3570, the Satellite Home the White House Christmas Party. I took this lief for Families, Farmers, and Small Busi- Viewer Update and Reauthorization Act of opportunity to meet with some of my young nesses Act of 2009, does not provide the nec- 2009. This legislation reauthorizes the satellite constituents at the Farmhouse Fraternity on essary reforms. While the certainty provided compulsory license for carriage of distant net- the campus of the University of Illinois at Ur- by H.R. 4154 would be welcome, passage of work satellite affiliate TV station signals. If this bana-Champaign to discuss agricultural issues this legislation reduced the chances to next to bill does not become law before the end of the year, the distant network carriage license will and the implementation of the Farm Bill. Early none that any significant changes will occur to expire and satellite subscribers would be left this morning I boarded an airplane in Cham- estate taxes in the future. I have sponsored an alternative that, for a while, was expected to in the dark. paign, Illinois, and unfortunately due to weath- While I support the underlying legislation, I er, my plane was drastically delayed, I was be brought to the House floor. While it does not do all that I would like; it is reasonable and would like to draw attention to a provision that unable to arrive in Washington, DC to cast my I believe could undermine our efforts to ensure votes. continues to have the chance for broad bipar- tisan support. rural residents have access to local program- Had I been present on rollcall #931 on the While I will continue to look for ways to ming. By redefining an ‘‘unserved household’’ Motion to Instruct Conferees on H.R. 3288, achieve a full repeal, I believe the next best to include those served by multicast networks, Making appropriations for the Departments of alternative, given today’s political and eco- this legislation allows satellite broadcasters to Transportation, HUD, and related agencies for nomic climate, is H.R. 3905, the Estate Tax continue to import distant, out-of-market sig- FY 2010, I would have voted ‘‘aye’’. This vote Relief Act of 2009. H.R. 3905 will exempt, nals into short markets when they are no longer necessary. I request that a letter signed would have blocked any attempt by the Major- from the estate tax, estates worth $3.5 million by 18 bipartisan Members of the House of ity from using H.R. 3288 as the vehicle for an in 2009, increase the exemption to $5 million by the year 2019, and index the exemption to Representatives expressing concern over this Omnibus Appropriations bill and require that definition of ‘‘unserved household,’’ be in- the language for this bill be posted online for inflation to allow it to automatically increase in the years following 2019. Enacting exemptions serted as an extraneous material. 72 hours prior to any vote. Madam Speaker, at these levels should prevent a majority of WASHINGTON, DC, omnibus appropriations bills that are hundreds Kansas’ small businesses from being affected December 2, 2009. of pages long and have not been fully vetted by the tax. H.R. 3905 will also reduce the Hon. JOHN CONYERS, JR., Chairman, Committee on the Judiciary, House is no way to fund our government and I urge maximum tax rate, for estates in excess of the you to refrain from using this bill for those pur- of Representatives, Washington, DC. exemption, to 35 percent by the year 2019. Hon. LAMAR SMITH, poses. While I am encouraged to see the House’s Ranking Member, Committee on the Judiciary, Had I been present on rollcall #932 on sus- willingness to address this issue, I feel Con- House of Representatives, Washington, DC. pending the rules and passing H. Con. Res. gress has missed an opportunity. I could not DEAR CHAIRMAN CONYERS AND RANKING MEMBER SMITH: We write today to express 199, Recognizing the 10th Anniversary of the support H.R. 4154 because I believe it did not sufficiently address the damaging con- our concerns regarding the manner in which activation of Echo Company of the 100th Bat- sequences of the estate tax while limiting the H.R. 3570, the Satellite Home Viewer Update talion of the 442d Infantry, and the sacrifice of and Reauthorization Act of 2009, would di- chances that Congress will ultimately do so. It minish the availability of local programming the soldiers and families in support of the is apparent that the House is currently unwill- United States, I would have voted ‘‘aye.’’ available to satellite television subscribers. ing to consider a full repeal. Until Congress is Digital multicasting enables broadcasters Had I been present on rollcall #933 on sus- ready for that discussion, I will continue to to provide TV viewers with expanded options pending the rules and passing H. Con. Res. work for initiatives that alleviate financial pres- for free, local TV programming beyond the 206, Commending the soldiers and civilian sure from our farmers, ranchers, and small primary network affiliate channel. In pur- personnel stationed at Fort Gordon and their business owners. suit of this promise, many broadcasters have already begun multicasting dedicated sports, f families for their service and dedication to the ethnic, minority, weather, news, and hyper- United States and recognizing the contribu- OUR UNCONSCIONABLE NATIONAL local channels. tions of Fort Gordon to Operation Iraqi Free- DEBT In various markets, including ‘‘short mar- dom and Operation Enduring Freedom and its kets,’’ i.e., television markets lacking a full role as a pivotal communications training in- complement of network affiliates, some sta- HON. MIKE COFFMAN tions have begun multicasting a local net- stallation, I would have voted ‘‘aye.’’ OF COLORADO work affiliate other than the network affil- Had I been present on rollcall #934 on sus- IN THE HOUSE OF REPRESENTATIVES iate carried on their primary channel. For pending the rules and passing H. Res. 940, Tuesday, December 8, 2009 example, television viewers in the Beau- mont, TX market, which lacked a local NBC Recognizing and honoring the National Guard Mr. COFFMAN of Colorado. Madam Speak- station, can now watch local NBC affiliate on the occasion of its 373rd anniversary, I er, today our national debt is K–JAC as a multicast channel provided by a would have voted ‘‘aye.’’ $12,086,172,114,368.23. station that broadcasts the ABC affiliate

VerDate Nov 24 2008 06:24 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.026 E08DEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2914 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2009 KBMT on its primary channel. It is impor- IN HONOR OF DECATUR TRADES & Those high standards are, importantly, a tant to note that this multicast channel, LABOR 50TH ANNIVERSARY matter of national competitiveness—but they like numerous similar network affiliates are also a measure of this nation’s promise of that are broadcast on multicast channels equality. As a child in Alabama, Freeman across the country, is a full-fledged network HON. PHIL HARE OF ILLINOIS Hrabowski remembers Martin Luther King, Jr. station providing viewers with a full slate of telling civil rights marchers: ‘‘What you do this a network’s programming to the same geo- IN THE HOUSE OF REPRESENTATIVES day will have an impact on generations as yet graphic area as the station’s other digital Tuesday, December 8, 2009 channel that broadcasts ABC programming. unborn.’’ Today, at places like UMBC, that There is no rational public policy reason to Mr. HARE. Madam Speaker, I rise to honor promise is coming true in the lives of the treat the two network channels differently the Decatur Trades and Labor Assembly on young men and women who are making the under copyright law. the occasion of its 50th anniversary. For over most of what those marchers won for them. 5 decades, this Council of affiliated unions has I join the members of the Maryland House Unfortunately, H.R. 3570, the Satellite improved the lives of working families in Deca- delegation in thanking President Hrabowski for Home Viewer Update and Reauthorization tur, Illinois and the regions that surround it. Act of 2009, enables DBS companies to im- his commitment to his students and his ex- pede and undermine multicast network af- From day one, Decatur Trades and Labor traordinary contribution to higher education. filiates. By re-defining a household capable made a positive impact on local residents. Its We congratulate him for this much-deserved of receiving a local network signal through Council fought hard to organize the unorga- recognition of his achievements. the air as ‘‘unserved’’ if the signal is deliv- nized, giving more workers the opportunity to f ered via digital multicast technology, Sec- bargain collectively and access the American tions 3(h)(1) and 3(h)(6) of H.R. 3570 together Dream. For those already under union con- RECOGNIZING AND HONORING THE allow DBS companies to import distant net- tract, the Council was a fierce advocate for NATIONAL GUARD ON ITS 373RD work affiliates that duplicate the program- better wages, benefits, and working condi- ANNIVERSARY ming of the local, multicast network affil- tions. Each victory it achieved helped all work- SPEECH OF iate. This provision will not only undermine ers, union or nonunion, affiliated or non- existing multicast stations, but it will also affiliated. Decatur Trades and Labor recog- HON. EDDIE BERNICE JOHNSON give local stations far less incentive to nized early on that a rising tide lifts all boats. OF TEXAS multicast an additional local network affil- The great work of Decatur Trades and IN THE HOUSE OF REPRESENTATIVES iate in the future if large numbers of poten- Labor went far beyond the union bargaining tial viewers are already receiving an affiliate Monday, December 7, 2009 table. It worked with groups like the NAACP to of that network through a DBS provider. Ms. EDDIE BERNICE JOHNSON of Texas. Thus, these provisions may deprive viewers achieve racial justice. It promoted blood drives Mr. Speaker, I rise today in support of H. Res. of locally-oriented programming by under- for the American Red Cross and food drives mining existing multicast arrangements and for the hungry. It registered people to vote. 940 recognizing and honoring the National removing the incentive for local stations to And it encouraged members to give what they Guard on the occasion of its 373rd anniver- continue to offer or roll out new multicast could to local charities. sary. network affiliated channels. Fifty years later, Decatur Trades and Labor The security and freedom we enjoy in the While H.R. 3570 only provides satellite remains a staple in the community. Every- United States of America is due in great part companies this ability for 3 years following where you go, there are living testaments to to the sacrifices made by the oldest compo- enactment, after the recent economic down- the Council’s great work. But it is a landmark nent of the Armed Forces, the National Guard. turn, the next three years will be critical to downtown—the monument honoring fallen and From the Revolutionary War to the latest mili- the development of new, innovative, free, injured workers—that sticks out most in my tary operations in the Middle East, the Citizen- over-the-air digital network broadcast serv- mind. Nearly every April, I travel to that monu- Soldiers of the National Guard have com- ices, including networks that contain pro- ment for Workers Memorial Day. It is a tow- petently responded to the call of duty. In addi- gramming developed for ethnic minorities. ering reminder of our moral obligation to en- tion to serving overseas, these men and Sections 3(h)(1) and 3(h)(6) of H.R. 3570 sure workers return home safely to their fami- women make up the forces in the state divi- should be changed to ensure that DBS com- lies each and every night. We have Decatur sions, such as the Texas National Guard, and panies cannot import a distant network sig- Trades and Labor to thank for making it such have been key in serving the local community nal that duplicates a local network affiliated a unique focal point of the city’s downtown. during natural disasters and civil emergencies. multicast station. On this golden anniversary, I thank Decatur As we reflect on the 68th anniversary of Additionally, as twelve members of the Trades and Labor for making the city it calls Pearl Harbor this week, it reminds us of the ul- House Judiciary Committee stated in the ad- home a better place to live. I look forward to timate sacrifice members of the National ditional views that were filed in the report seeing what more it can accomplish in the Guard have bravely made, and will continue to language that accompanied H.R. 3570, ‘‘the next 50 years. make, for our country. I urge my colleagues to preference in section three of the bill may f join me in supporting H. Res. 940 to recognize result in discouraging free over-the-air local and honor the National Guard on the occasion broadcasters from affiliating with more than HONORING FREEMAN HRABOWSKI one network and developing a market-based of its 373rd anniversary. f solution to the ’missing network affiliate’ HON. STENY H. HOYER problem. This would limit the number of free HONORING THE 75TH ANNIVER- OF MARYLAND network programming options available to SARY OF THE UNIVERSITY OF consumers and, in effect, require consumers IN THE HOUSE OF REPRESENTATIVES WISCONSIN ARBORETUM to subscribe to pay television to receive net- Tuesday, December 8, 2009 work they might otherwise have been able to view for free.’’ Mr. HOYER. Madam Speaker, I rise to HON. TAMMY BALDWIN We appreciate your attention to this criti- honor Freeman Hrabowski, President of the OF WISCONSIN cally important issue. As you continue to University of Maryland, Baltimore County, who IN THE HOUSE OF REPRESENTATIVES has recently been honored as one of Time work on the reauthorization of the Satellite Tuesday, December 8, 2009 Home Viewer Extension and Reauthorization magazine’s 10 Best College Presidents. Act during a House-Senate conference com- President Hrabowski’s deep commitment to Ms. BALDWIN. Madam Speaker, I rise mittee, we encourage you to support the ap- fostering talented students, especially in today to honor the 75th anniversary of the proach to protecting multicast channels that science and math, has helped increase University of Wisconsin Arboretum, and to rec- was adopted by the Senate Judiciary Com- UMBC’s number of African-American science ognize the efforts of the community organiza- mittee. and engineering majors sevenfold. Today, tion Friends of the Arboretum. Since June 17, Sincerely, UMBC is one of America’s biggest producers 1934, Madison area citizens have worked with Frank Kratovil; Roy Blunt; Tom Cole; of African-American science and engineering University of Wisconsin officials to develop Alan Mollohan; Rodney Alexander; Mi- chael McMahon; Brett Guthrie; Bob Ph.D.s. As a fellow college president put it, and maintain an invaluable collection of re- Filner; Thomas Rooney; Nick J. Ra- President Hrabowski ‘‘has taught all of higher stored ecosystems. Though thousands of hall; Christopher Lee; Gregory Meeks; education that minority and low-income stu- committed people have contributed to the Ar- Blaine Luetkemeyer; Rau´ l Grijalva; dents . . . can meet the highest standards boretum in countless ways, one group in par- Shelley Capito; Sam Farr. and excel.’’ ticular offers an ideal example of dedication to

VerDate Nov 24 2008 06:24 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.030 E08DEPT1 tjames on DSKG8SOYB1PROD with REMARKS December 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2915 the Arboretum’s mission. The nonprofit organi- of 31–24 at Bryant-Denny Stadium in Tusca- namic and committed public servant like zation Friends of the Arboretum has helped loosa, Alabama. The Warriors finished the Millbrae Mayor Robert Gottschalk. preserve this valuable ecological resource season with a record of 15–0, making them Mayor Gottschalk is stepping down after both by fundraising for the Arboretum and the only undefeated team in the state. eight years on the City Council, including two through volunteer work. Those efforts, and the The Warriors are coached by Tripp Curry, stints as Mayor. Bob’s tenure on the council work of many others, have made possible in- and the school’s principal is Doug Davis. I’d has been defined by his steady advocacy for valuable scientific research and unique com- like to congratulate the football team, coaches the people of Millbrae, giving special emphasis munity opportunities. and high school students and staff on this out- to youth and senior programs, improving Of course, Madison’s Arboretum may not standing achievement. All of us across Cher- downtown and mitigating the impact of BART have been possible without the initial commit- okee County and East Alabama are deeply on Millbrae residents. ment of 200 hardworking individuals from the proud of these talented young Alabamians. Mayor Gottschalk graduated from San Jose Civilian Conservation Corps. During the Great f State University and went on to receive an Depression, the efforts of these young govern- M.B.A. in Finance from the University of Cali- HONORING COLONEL JONATHAN fornia at Berkeley and a J.D. from UC ment workers produced a natural sanctuary FLAUGHER free from encroaching development and bio- Hastings College of the Law. He served our logical contamination. Just a few years after nation with distinction, retiring as a Captain from the U.S. Navy Reserves and worked for its dedication, the Madison Arboretum became HON. GEORGE RADANOVICH OF CALIFORNIA 21 years in banking before becoming an attor- the site of several important ecological experi- IN THE HOUSE OF REPRESENTATIVES ney. ments on conservation and restoration. One Tuesday, December 8, 2009 Mayor Gottschalk represents Millbrae on the historic study conducted on the Arboretum’s Association of Bay Area Governments, Penin- Curtis Prairie helped establish the use of fire Mr. RADANOVICH. Madam Speaker, I rise sula Congestion Relief Alliance and the Joint as an effective prairie restoration technique, a today, along with my colleague JIM COSTA, to Powers Authority for County Emergency Med- method now widely recognized. Those 60 commend and congratulate COL Jonathan ical Response. He has also served as a mem- acres of Curtis Prairie today comprise the old- Flaugher upon being recognized as a ‘‘Citizen ber of the Millbrae Community Preservation est restored prairie land in the United States. Soldier’’ by Fresno City College. Colonel Commission and was citizen advisor to the As University of Wisconsin scientists con- Flaugher was recognized on Friday, Novem- San Mateo County Transportation Authority. tinue to develop and enhance methods of eco- ber 6, 2009 at the annual Veterans Peace Me- Madam Speaker, I have worked closely with logical restoration, the Arboretum remains an morial event held at Fresno City College in Mayor Gottschalk and my impression of him important resource in the research process. Fresno, California. can be summed up as ‘‘leadership with a vel- The Arboretum now contains several pre- COL Jonathan Flaugher assumed command vet glove.’’ Bob has always led with gentility served forests, prairies, and other lands, of the 144th Fighter Wing, California Air Na- and a sense of decorum and the simple fact spread over hundreds of acres, which make tional Guard in Fresno, California in October is that Millbrae, California is a better place to possible influential ecological studies. Since 2004. He is a ‘‘Command Pilot’’ with over live because of his work. I know of no better the Civilian Conservation Corps first began re- 4,000 hours of Air Force jet and fighter time, barometer for public service than that. introducing native flora to the various eco- and is currently an F–16 Instructor Pilot. He f systems of the Arboretum, it has grown to graduated from North Carolina State Univer- house over 300 different species of plants. sity in 1977, with a bachelor of arts degree in HONORING JERRY ‘‘ICEMAN’’ BUT- Though urbanization and the invasion of new History, and entered the United States Air LER ON THE OCCASION OF HIS plant types have provided new, modem chal- Force through the ROTC program. 70TH BIRTHDAY lenges for this space, the commitment of uni- Colonel Flaugher was on active duty until versity workers and community volunteers, 1995, and he has been with the 144th in Fres- HON. BOBBY L. RUSH such as those from Friends of the Arboretum, no ever since. Prior to his assignment as the OF ILLINOIS have kept the Arboretum strong. In addition to 144th Wing Commander, Colonel Flaugher IN THE HOUSE OF REPRESENTATIVES scientific research, Arboretum workers and served as the Active Duty Advisor, 194th Tuesday, December 8, 2009 Squadron Flight Commander and Operations volunteers facilitate a variety of community Mr. RUSH. Madam Speaker, I rise today to events, and offer unique educational opportu- Officer, 144th Logistics Group Commander, 144th Maintenance Group Commander and pay tribute to and honor a legendary singer nities in the field of ecology. and songwriter, Jerry ‘‘Iceman’’ Butler, on the Today, Madison’s University of Wisconsin 144th Operations Group Commander. He graduated from the United States Air Force Air occasion of his 70th birthday today. An award- Arboretum contains the single most com- winning performer, producer and composer, War College in-residence program at Maxwell prehensive assortment of restored ecosystems and one of the architects of Rhythm and Air Force Base, Alabama in 1998. Previous and a highly dedicated group of supporters. I Blues, Mr. Butler, has enjoyed a 51-year ca- assignments include a staff tour with HQ therefore honor the 75th anniversary of the reer that began at the young age of 18, when USAFE and flying assignments in the F–16 at University of Wisconsin Arboretum, and com- he and Curtis Mayfield formed a rhythm and Spangdahlem Air Base in Germany, the F– mend both Friends of the Arboretum and all blues group, The Impressions, in Chicago in 106 at Griffiss Air Force Base in New York. other Arboretum volunteers. The sustained 1958. commitment of numerous community mem- After pilot training at Williams Air Force Base The same year, Butler wrote a song titled bers has maintained and enhanced a truly in Arizona he was assigned to the T–33 at For Your Precious Love, which became ‘‘the priceless natural resource. Tyndall Air Force Base in Florida. His first Air first of the Soul Music recordings’’ and a Force assignment was with the 726th Tactical f ‘‘landmark recording,’’ according to Rolling Control Squadron base at Homestead Air Stone Magazine. The single, on Vee-Jay IN RECOGNITION OF CHEROKEE Force Base in Florida. Records, became the first for The Impressions Madam Speaker, Mr. COSTA and I rise today COUNTY HIGH SCHOOL WINNING to ‘‘go Gold.’’ THE ALABAMA 4A STATE FOOT- to commend and congratulate COL Jonathan Mr. Butler, named ‘‘The Iceman’’ in 1959 by BALL CHAMPIONSHIP Flaugher upon being recognized as a ‘‘Citizen Philadelphia radio personality Georgie Woods Soldier.’’ I invite my colleagues to join us in for Butler’s ‘‘cool as ice’’ delivery and debo- wishing Colonel Flaugher many years of con- nair, effortless style has had numerous million HON. MIKE ROGERS tinued success. OF ALABAMA selling recordings (‘‘Gold’’) during his career: f IN THE HOUSE OF REPRESENTATIVES For Your Precious Love (with The Impres- sions, Vee-Jay, 1958); He Will Break Your Tuesday, December 8, 2009 IN APPRECIATION OF MILLBRAE MAYOR ROBERT GOTTSCHALK Heart (Vee-Jay, 1960); Moon River (Vee-Jay, Mr. ROGERS of Alabama. Madam Speaker, 1961); Never Gonna Give You Up (Mercury, I would like to request the House’s attention HON. JACKIE SPEIER 1976); Hey Western Union Man (Vee-Jay, today to pay recognition to the Cherokee OF CALIFORNIA 1968); Brand New Me (Mercury, 1969); Only County High School football team in Centre, IN THE HOUSE OF REPRESENTATIVES The Strong Survive (Mercury, 1969); and Ain’t Alabama, which recently won the 2009 Ala- Understanding Mellow (Mercury, 1973). bama 4A State Football Championship. Tuesday, December 8, 2009 Nominated for three Grammys for singing On Decemer 3, the Cherkoee County War- Ms. SPEIER. Madam Speaker, every com- and composing, Butler is the recipient of nu- riors defeated Jackson High School by a score munity should be so fortunate as to have a dy- merous awards, including several from

VerDate Nov 24 2008 06:24 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.034 E08DEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2916 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2009 ASCAP (American Society of Composers, Au- Boys and Girls Club on Taylor and Racine. He COMMENDING AND CONGRATU- thors and Publishers) for his songwriting and helped to promote the rehabilitation of Holy LATING THE HONORABLE ROB- publishing work; two Billboard Magazine Family Church by soliciting donations and ERT WEXLER Awards as a writer and artist; two Humani- other forms of marketing. tarian Awards and several BMI (Broadcast Madam Speaker, Sal retired in 2008, yet he HON. MICHAEL E. McMAHON Music Inc.) Awards as a writer and publisher. continues to donate food and time to local OF NEW YORK Butler was inducted into the Rock & Roll Hall charities. In his spare time, he enjoys fishing IN THE HOUSE OF REPRESENTATIVES of Fame in 1991 as ‘‘. . . one of the architects and spending time with his grandchildren. Tuesday, December 8, 2009 of Rhythm & Blues;’’ and was the recipient of Madam Speaker, Salvatore F. Perry is a a Rhythm & Blues Foundation ‘‘Pioneer true humanitarian who has contributed signifi- Mr. MCMAHON. Madam Speaker, I rise with Award’’ in 1994. cantly to humanity and I take this opportunity a mix of sorrow and optimism as we wish fare- Madam Speaker, Mr. Butler, married for 50 to commend him for his great work. well to Congressman ROBERT WEXLER, a true years to Annette and the father of adult twin friend, fellow New Yorker—by birth—and lead- sons, is now using his considerable talent to f er on the House Foreign Affairs Committee as serve the public as a member of the Cook he moves ahead in the next stage of his suc- County Board of Commissioners. First elected IN APPRECIATION OF MILLBRAE cessful career. Congressman WEXLER leaves in 1986, Mr. Butler is currently the longest CITY TREASURER MARY VELLA behind a great legacy as one of the first legis- serving member of the Board. In his official TRESELER lators to truly harness the great potential of a capacity, he has led efforts to improve the U.S.-Turkey partnership. This legacy is illus- quality of health services in the second most HON. JACKIE SPEIER trated time and again through the warm recep- EXLER populous county in the United States, serving OF CALIFORNIA tion Congressman W receives from even as Chair of the Board’s Health and Hospitals the most skeptical audiences in Turkey, Israel IN THE HOUSE OF REPRESENTATIVES Committee. Butler also serves as Commis- and the Middle East. His example reminds us sioner and past President of the Northeastern Tuesday, December 8, 2009 all of the power of diplomacy and American (Illinois) Planning Commission, responsible for Ms. SPEIER. Madam Speaker, this evening values. the planning and consultation for the six coun- the city of Millbrae, California will say thank As an outspoken advocate for increased ties of Northeastern Illinois. you and farewell to a true public resource as dialogue between the United States and Tur- Madam Speaker, it is my great privilege and City Treasurer Mary Vella Treseler retires from key, he has created an environment of in- honor to my friend and colleague, The Honor- the post she has held for eight years. creased stability, security and friendship for all able Jerry ‘‘Iceman’’ Butler on the occasion of Mary Vella Treseler was elected by the vot- people in not only the United States and Tur- his 70th birthday and I am privileged to enter ers of Millbrae in 2001 and re-elected four key, but throughout the Middle East. Turkey is these words into the CONGRESSIONAL RECORD years later. She brought thirty years of experi- a strong partner with the U.S. in combating of the House of Representatives. ence in the banking industry to her job and terrorism, particularly in Iraq and Afghanistan. f helped guide the city through the many chal- Turkey also is on the verge of a successful rapprochement with Armenia. Additionally, TRIBUTE TO MR. SALVATORE F. lenges that local governments have had to deal with in recent years. Turkey is actively engaged in facilitating multi- (SAL) PERRY lateral negotiations that often complement This City Treasurer, however, serves her U.S. foreign policy on delicate post-conflict community in many ways. She has donated HON. DANNY K. DAVIS matters, greater economic and trade coopera- her time and talents to the Constitution Bicen- OF ILLINOIS tion and of course, global energy needs. tennial Planning Committee, Millbrae Beautifi- As a founding co-chair of the Turkish Cau- IN THE HOUSE OF REPRESENTATIVES cation Commission and Public Access Tele- cus and the Chairman of the Europe sub- Tuesday, December 8, 2009 vision Committee. Ms. Treseler also took an committee, Congressman WEXLER has played active part as a member of the Mayor’s Civic Mr. DAVIS of Illinois. Madam Speaker, I a key role in all of these achievements. Most Coordinating Council and Millbrae’s Smoking take this opportunity to congratulate Mr. recently, his work to facilitate greater commu- Ordinance and 50th Anniversary Committees. Salvatore F. Perry on the occasion of his 70th nication between legislators in the U.S. and In addition, she represented Millbrae on the birthday which was November 16, 2009 and to Turkey culminated in last month’s announce- San Mateo County Sesquicentennial Com- salute him for his many years of outstanding ment that the Congressional Turkish Caucus mittee and was President of Soroptimist Inter- service as a businessman and civic mainstay hit a record number of 104 Caucus members national of Millbrae-San Bruno. As if that is not in the Taylor Street area of Chicago, com- since its inception in 2001. enough, Mary has somehow found the time to monly known as Little Italy. Though the departure of Congressman serve as President of the Millbrae Historical Madam, Speaker, Salvatore F. Perry was WEXLER is saddening and no doubt a huge Society for the past eight years. born on November 16, 1939 at Mother Cabrini loss to the Turkish-American community and Hospital in Chicago to Francis and Grace As should be expected, Mary is no stranger the U.S. House of Representatives, I am en- Perry, both of whom were born in Sicily Italy. to civic honors. She was named ‘‘Millbrae couraged that in his new position as president Sal was educated at St. Phillip High School Woman of the Year’’ in 1999 and is the recipi- of the Center for Middle East Peace and Eco- and graduated in 1957. When he was 9 years ent of the Millbrae Historical Society’s ‘‘Living nomic Cooperation he will continue to bestow old, his father bought Perry’s Bakery at 1052 History Award.’’ his vision of greater peace and understanding West Taylor Street. Sal worked there all Mary moved to Millbrae in 1977, where she upon legislators and world leaders alike. through high school. After graduation he and her husband, Joseph Amoroso, raised I would like to thank Congressman WEXLER worked at the South Water Market and later their children, Adonna and Joseph Raymond, for his great service to this country and look joined the Army and served 2 years at Fort in Millbrae schools. Sadly, Mary was widowed forward to continuing to work with him to de- Leonardwood, Missouri as a quartermaster. in 1985. Her response was to get more in- velop a long-lasting diplomatic relationship On November 12, 1962, Sal married Rose- volved in her community, which began her with our allies in Europe and the Middle East. quarter-century of service to Millbrae. In 1990, anne Raimondi Perry and they had two chil- f dren, Cynthia and Salvatore. Mary married then-Mayor Robert Treseler and In 1962, Sal opened Westside Foods at her involvement in local government in- IN APPRECIATION OF REDWOOD 1152 West Taylor Street and operated the creased. So, too, did her family as Mary em- CITY COUNCILWOMAN DIANE store until 1990. In 1990, Sal opened Rosals braced the addition of step-children Robert Jr, HOWARD Cucina and it continues to operate to this day. William, James and Catherine. Sadly, we lost During this time Sal has won the Humanitarian Mayor Treseler two years ago. HON. JACKIE SPEIER Award from Holy Family Church and contrib- Madam Speaker, this is a remarkable OF CALIFORNIA uted to many charities in the form of food do- woman with boundless energy and a pas- IN THE HOUSE OF REPRESENTATIVES nations and volunteer work to improve the sionate interest in her community. On behalf community in which he has lived and worked. of my colleagues in the United States House Tuesday, December 8, 2009 On several thanksgivings, working with Con- of Representatives, I want to thank City Treas- Ms. SPEIER. Madam Speaker, in an era of gressman DANNY K. DAVIS, he has donated urer Mary Vella Treseler for her longtime serv- increased animosity in public life, Redwood dinners to seniors and the children at The ice to the people of Millbrae and to our nation. City Councilwoman Diane Howard has been a

VerDate Nov 24 2008 06:24 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K08DE8.010 E08DEPT1 tjames on DSKG8SOYB1PROD with REMARKS December 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2917 breath of fresh air. Fans of good government TRIBUTE TO MS. FLORENCE Mount Carmel School, Sequoia High School and humble leadership are sorry to see her re- LOGAN ON THE OCCASION OF and Can˜ada College. The son of a long-time tire after fifteen years serving the people of HER 100TH BIRTHDAY captain in the San Mateo County Sheriff’s Of- Redwood City. fice, Jim grew up well-versed in local issues and with a passion for public service. He, too, Diane was born in Rockville Center, New HON. DANNY K. DAVIS OF ILLINOIS is passing on this tradition to his sons, Josh York, the first of eight children. In 1981, after IN THE HOUSE OF REPRESENTATIVES and Jake, and daughters, Julia and Lydia, all graduating from nursing school, she and hus- Tuesday, December 8, 2009 of whom have grown up in the city that Jim band Steve moved west. Upon arriving in loves so much. Mr. DAVIS of Illinois. Madam Speaker, I rise Redwood City, Diane jumped into her commu- Anyone who has attended a Council meet- to express congratulations to Ms. Florence nity, serving on the Housing and Human Con- ing in Redwood City over the past fifteen Logan of Hillside, Illinois on the occasion of cerns Committee, Parks and Recreation Com- years has witnessed Councilman Hartnett’s in- her 100th birthday which took place on Octo- mission and Child Care Advisory Committee. tellect and ability to explain dry, complex ber 27, 2009. She has also been active on the Economic Ms. Logan is one of rare individuals who issues in accessible language that everyone Development Committee of the Redwood City have not only lived a long life, but have lived can understand. Equally important to thinking Chamber of Commerce, the San Mateo Coun- a long and productive life. She has been a clearly is a public official’s willingness to take ty Medical Auxiliary Board, and the Redwood bright shining star whose life has been a bea- the lead on contentious issues. Councilman City Housing Advisory Board. Her work with con of hope. She has been active in politics Hartnett was never timid about speaking his the Redwood Shores Neighborhood Associa- for many years. She worked as an Election mind and his constituents always knew where tion led to the financing and development of Judge, volunteer, ran a family store in the he stood. I have had the privilege of working schools, fire stations and a community center. Garfield Park Community before moving to with Jim on numerous thorny topics over the Hillside. She and her husband were married years and found him to be, not only quick to Diane was elected to the City Council in for 72 years and represented the true essence grasp the issues, but equally effective at de- 1994 and was re-elected three times. Pas- of family. She and her husband have five chil- veloping solutions. His leadership will be sore- sionate about the issues of concern to her, dren, twelve grandchildren, and fifteen great- ly missed. Councilwoman Howard is nonetheless known grandchildren. Prior to being elected to the City Council, for her kindness, warmth and positive attitude. Madam Speaker, it is a great honor for me Jim served on the city’s Planning Commission Even those of opposing views will attest that to offer this tribute to Ms. Logan, congratulate and Charter Review Committee. He has also Diane brought a new tone of civility to the City her on her accomplishments and wish her well served as chair of the Housing and Human Council and its meetings. She is known for her as she continues a very productive life. Concerns Committee and the San Mateo patient willingness to listen to all points of view f County Business Development Commission and was President of the Redwood City and has advocated for increased cooperation IN APPRECIATION OF REDWOOD Chamber of Commerce. between City Hall, local businesses and com- CITY COUNCILMAN JIM HARTNETT munity groups. Madam Speaker, Mr. Hartnett has given much to the community where he was raised. Madam Speaker, I have worked closely with HON. JACKIE SPEIER He has dedicated decades of his life to im- Councilwoman Howard over the years and en- OF CALIFORNIA proving Redwood City and San Mateo County joyed every minute of our interactions. I wish IN THE HOUSE OF REPRESENTATIVES and for that, deserves our thanks. While he is there were more people in public life like her. Tuesday, December 8, 2009 retiring from office, I know that Jim Hartnett On behalf of my colleagues in the United Ms. SPEIER. Madam Speaker, Redwood will not wander far. He will certainly continue States House of Representatives, I thank City, California said good-bye to one of its his involvement with Redwood City Little Diane for her service. I also wish to thank her most effective leaders when Councilman Jim League and other youth activities and will very husband, Steve, and son, Geoffrey, for shar- Hartnett retired from public service this month. likely be pressed into service in other ways by ing this remarkable woman with the greater Jim Hartnett is a story of ‘‘local boy makes his wife, current Redwood City Mayor community. good.’’ Raised in Redwood City, he attended Rosanne Foust.

VerDate Nov 24 2008 06:24 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K08DE8.013 E08DEPT1 tjames on DSKG8SOYB1PROD with REMARKS Tuesday, December 8, 2009 Daily Digest Senate fashion; provided further, that no amendments are in Chamber Action order during this time. Page S12742 Routine Proceedings, pages S12647–S12742 Nominations Received: Senate received the fol- Measures Introduced: Six bills and one resolution lowing nominations: were introduced, as follows: S. 2846–2851, and S. Michael Peter Huerta, of the District of Colum- Res. 372. Page S12708 bia, to be Deputy Administrator of the Federal Avia- Measures Considered: tion Administration. Service Members Home Ownership Tax Act— 1 Air Force nomination in the rank of general. Agreement: Senate continued consideration of H.R. 1 Army nomination in the rank of general. 3590, to amend the Internal Revenue Code of 1986 to modify the first-time homebuyers credit in the Page S12742 case of members of the Armed Forces and certain Messages from the House: Page S12705 other Federal employees, taking action on the fol- Measures Referred: Page S12705 lowing amendments proposed thereto: Measures Placed on the Calendar: Page S12705 Pages S12648–99 Rejected: Executive Communications: Pages S12705–06 Nelson (NE) Amendment No. 2962 (to Amend- Executive Reports of Committees: Pages S12706–08 ment No. 2786), to prohibit the use of Federal funds Additional Cosponsors: Pages S12708–10 for abortions. (By 54 yeas to 45 nays (Vote No. 369), Senate tabled the amendment.) Statements on Introduced Bills/Resolutions: Pages S12710–13 Pages S12648, S12659–64, S12669–83 Withdrawn: Additional Statements: Pages S12704–05 By 42 yeas to 57 nays (Vote No. 370), McCain Amendments Submitted: Pages S12713–42 motion to commit the bill to the Committee on Fi- Authorities for Committees to Meet: Page S12742 nance, with instructions. (A unanimous-consent agreement was reached providing that the amend- Record Votes: Two record votes were taken today. ment, having failed to achieve 60 affirmative votes, (Total—370) Pages S12683–84 the amendment be withdrawn.) Page S12684 Adjournment: Senate convened at 10 a.m. and ad- Pending: journed at 8:38 p.m., until 9:30 a.m. on Wednes- Reid Amendment No. 2786, in the nature of a day, December 9, 2009. (For Senate’s program, see substitute. Page S12648 the remarks of the Acting Majority Leader in today’s Dorgan Modified Amendment No. 2793 (to Record on Page S12742.) Amendment No. 2786), to provide for the importa- tion of prescription drugs. Pages S12685–88 Crapo motion to commit the bill to the Com- Committee Meetings mittee on Finance, with instructions. Page S12685 A unanimous-consent-time agreement was reached (Committees not listed did not meet) providing for further consideration of the bill at ap- proximately 9:30 a.m., on Wednesday, December 9, AFGHANISTAN 2009, and that following any remarks of the Chair Committee on Armed Services: Committee concluded a and Ranking Member of the Committee on Finance, hearing to examine Afghanistan, after receiving testi- or their designees, for up to 10 minutes each, the mony from Karl W. Eikenberry, United States Am- next two hours be for debate only, with the time bassador to Afghanistan, Department of State; and equally divided and controlled between the two General Stanley A. McChrystal, USA, Commander, Leaders or their designees, with Senators permitted International Security Assistance Force, Commander, to speak for up to 10 minutes each; the Republicans United States Forces Afghanistan, Department of controlling the first 30 minutes, and the Majority Defense. controlling the second 30 minutes; with the remain- ing time equally divided and used in alternating D1423

VerDate Nov 24 2008 05:34 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 5627 Sfmt 5627 E:\CR\FM\D08DE9.REC D08DEPT1 tjames on DSKG8SOYB1PROD with DIGEST D1424 CONGRESSIONAL RECORD — DAILY DIGEST December 8, 2009 ENERGY BILLS fiths, Tufts University School of Medicine, Boston, Committee on Energy and Natural Resources: Sub- Massachusetts. committee on Energy concluded a hearing to exam- ine H.R. 957, to authorize higher education cur- BUSINESS MEETING riculum development and graduate training in ad- Committee on Foreign Relations: Committee ordered fa- vanced energy and green building technologies, H.R. vorably reported the nominations of Rajiv J. Shah, 2729, to authorize the designation of National Envi- of Washington, to be Administrator of the United ronmental Research Parks by the Secretary of En- States Agency for International Development, and ergy, H.R. 3165, to provide for a program of wind Mary Burce Warlick, of Virginia, to be Ambassador energy research, development, and demonstration, to the Republic of Serbia, James B. Warlick, Jr., of H.R. 3246, to provide for a program of research, de- Virginia, to be Ambassador to the Republic of Bul- velopment, demonstration and commercial applica- garia, Eleni Tsakopoulos Kounalakis, of California, to tion in vehicle technologies at the Department of be Ambassador to the Republic of Hungary, Leslie Energy, H.R. 3585, to guide and provide for United V. Rowe, of Washington, to be Ambassador to the States research, development, and demonstration of Republic of Mozambique, Alberto M. Fernandez, of solar energy technologies, S. 737, to amend the En- Virginia, to be Ambassador to the Republic of Equa- ergy Independence and Security Act of 2007 to au- torial Guinea, Mary Jo Wills, of the District of Co- thorize the Secretary of Energy to conduct research, lumbia, to be Ambassador to the Republic of Mauri- development, and demonstration to make biofuels tius, and to serve concurrently and without addi- more compatible with small nonroad engines, S. tional compensation as Ambassador to the Republic 1617, to require the Secretary of Commerce to estab- of Seychelles, Jide J. Zeitlin, of New York, to be Al- lish a program for the award of grants to States to ternate Representative of the United States of Amer- establish revolving loan funds for small and me- ica to the Sessions of the General Assembly of the dium-sized manufacturers to improve energy effi- United Nations during his tenure of service as Rep- ciency and produce clean energy technology, S. resentative of the United States of America to the 2744, to amend the Energy Policy Act of 2005 to United Nations for U.N. Management and Reform, expand the authority for awarding technology prizes and to be Representative of the United States of by the Secretary of Energy to include a financial America to the United Nations for U.N. Manage- award for separation of carbon dioxide from dilute ment and Reform, with the rank of Ambassador, sources, and S. 2773, to require the Secretary of En- Anne Slaughter Andrew, of Indiana, to be Ambas- ergy to carry out a program to support the research, sador to the Republic of Costa Rica, David Daniel demonstration, and development of commercial ap- Nelson, of Minnesota, to be Ambassador to the Ori- plications for offshore wind energy, after receiving ental Republic of Uruguay, Betty E. King, of New testimony from Kristina M. Johnson, Under Sec- York, to be Representative of the United States of retary of Energy. America to the Office of the United Nations and FEDERAL DRINKING WATER PROGRAMS Other International Organizations in Geneva, with Committee on Environment and Public Works: Com- the rank of Ambassador, Laura E. Kennedy, of New mittee concluded an oversight hearing to examine York, for the rank of Ambassador during her tenure Federal drinking water programs, after receiving tes- of service as U.S. Representative to the Conference timony from Peter S. Silva, Assistant Administrator on Disarmament, Eileen Chamberlain Donahoe, for for Water, and Cynthia J. Giles, Assistant Adminis- the rank of Ambassador during her tenure of service trator for Enforcement and Compliance Assurance, as the United States Representative to the UN both of the Environmental Protection Agency; Mat- Human Rights Council, all of the Department of thew C. Larsen, Associate Director for Water, U.S. State, and routine lists in the Foreign Service. Geological Survey, Department of the Interior; Je- rome A. Paulson, American Academy of Pediatrics, INTELLIGENCE Washington, D.C.; Michael G. Baker, Association of Select Committee on Intelligence: Committee held closed State Drinking Water Administrators, Arlington, hearings on intelligence matters, receiving testimony Virginia; Gene Whatley, Oklahoma Rural Water As- from officials of the intelligence community. sociation, Inc., Oklahoma City; and Jeffrey K. Grif- Committee recessed subject to the call.

VerDate Nov 24 2008 05:34 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 5627 Sfmt 5627 E:\CR\FM\D08DE9.REC D08DEPT1 tjames on DSKG8SOYB1PROD with DIGEST December 8, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1425 House of Representatives Transportation, Housing and Urban Develop- Chamber Action ment, and Related Agencies Appropriations Act, Public Bills and Resolutions Introduced: 30 pub- 2010—Motion to go to Conference: The House lic bills, H.R. 4217–4246; and 9 resolutions, H. agreed to the Olver motion to disagree to the Senate Con. Res. 218–219; and H. Res. 950–954, 957–958 amendment and agree to a conference on H.R. 3288, were introduced. Pages H13627–28 making appropriations for the Departments of Trans- Additional Cosponsors: Pages H13628–29 portation, and Housing and Urban Development, and related agencies for the fiscal year ending Sep- Reports Filed: Reports were filed today as follows: tember 30, 2010. Pages H13556–57, H13570 H.R. 1319, to prevent the inadvertent disclosure of information on a computer through the use of cer- Agreed to the Latham motion to instruct conferees tain ‘‘peer-to-peer’’ file sharing software without first on the bill by a yea-and-nay vote of 212 yeas to 193 providing notice and obtaining consent from the nays, Roll No. 931. Pages H13556–57, H13570 owner or authorized user of the computer, with The Chair appointed the following conferees: Rep- amendments (H. Rept. 111–361); resentatives Olver, Pastor (AZ), Kaptur, Price (NC), H.R. 2221, to protect consumers by requiring rea- Roybal-Allard, Berry, Kilpatrick (MI), Lowey, Obey, sonable security policies and procedures to protect Latham, Wolf, Tiahrt, Wamp, and Lewis (CA). computerized data containing personal information, Page H13573 and to provide for nationwide notice in the event of Suspensions: The House agreed to suspend the rules a security breach, with amendments (H. Rept. and pass the following measures: 111–362); Directing the President to transmit to Congress H.R. 512, to amend the Federal Election Cam- a report on anti-American incitement to violence paign Act of 1971 to prohibit certain State election in the Middle East: H.R. 2278, amended, to direct administration officials from actively participating in the President to transmit to Congress a report on electoral campaigns, with an amendment (H. Rept. anti-American incitement to violence in the Middle 111–363); East, by a 2⁄3 yea-and-nay vote of 395 yeas to 3 nays H. Res. 955, providing for consideration of the with 9 voting ‘‘present’’, Roll No. 936; bill (H.R. 4213) to amend the Internal Revenue Pages H13558–60, H13598–99 Code of 1986 to extend certain expiring provisions (H. Rept. 111–364); and Western Hemisphere Drug Policy Commission H. Res. 956, providing for consideration of the Act of 2009: H.R. 2134, amended, to establish the bill (H.R. 4173) to provide for financial regulatory Western Hemisphere Drug Policy Commission; reform, to protect consumers and investors, to en- Pages H13560–63 hance Federal understanding of insurance issues, and Encouraging the Republic of Hungary to respect to regulate the over-the-counter derivatives markets the rule of law, treat foreign investors fairly, and (H. Rept. 111–365); and Page H13627 promote a free and independent press: H. Res. 915, Conference Report on H.R. 3288, making appro- to encourage the Republic of Hungary to respect the priations for the Departments of Transportation, and rule of law, treat foreign investors fairly, and pro- Housing and Urban Development, and related agen- mote a free and independent press, by a 2⁄3 yea-and- cies for the fiscal year ending September 30, 2010, nay vote of 333 yeas to 74 nays with 3 voting and for other purposes (H. Rept. 111–366). ‘‘present’’, Roll No. 937; Pages H13563–67, H13599 See Book II Expressing the sense of Congress for and soli- Speaker: Read a letter from the Speaker wherein she darity with the people of El Salvador as they per- appointed Representative Speier to act as Speaker severe through the aftermath of torrential rains Pro Tempore for today. Page H13551 which caused devastating flooding and deadly Recess: The House recessed at 9:17 a.m. and recon- mudslides: H. Con. Res. 213, amended, to express vened at 10 a.m. Page H13553 the sense of Congress for and solidarity with the people of El Salvador as they persevere through the Chaplain: The prayer was offered by the Guest aftermath of torrential rains which caused dev- Chaplain, Reverend Richard Hynes, Office of Evan- astating flooding and deadly mudslides; gelism, Archdiocese of Chicago, Chicago, Illinois. Pages H13567–68 Page H13553

VerDate Nov 24 2008 05:34 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 5627 Sfmt 0627 E:\CR\FM\D08DE9.REC D08DEPT1 tjames on DSKG8SOYB1PROD with DIGEST D1426 CONGRESSIONAL RECORD — DAILY DIGEST December 8, 2009 Expressing sympathy for the 57 civilians who Agreed to amend the title so as to read: ‘‘To pro- were killed in the southern Philippines on Novem- tect consumers by requiring reasonable security poli- ber 23, 2009: H. Con. Res. 218, to express sym- cies and procedures to protect data containing per- pathy for the 57 civilians who were killed in the sonal information, and to provide for nationwide no- southern Philippines on November 23, 2009; tice in the event of a security breach.’’. Page H13591 Pages H13568–70 Informed P2P User Act: H.R. 1319, amended, to FBI Families of Fallen Heroes Act: H.R. 2711, prevent the inadvertent disclosure of information on amended, to amend title 5, United States Code, to a computer through the use of certain ‘‘peer-to-peer’’ provide for the transportation of the dependents, re- file sharing software without first providing notice mains, and effects of certain Federal employees who and obtaining consent from the owner or authorized die while performing official duties or as a result of user of the computer; Pages H13591–94 the performance of official duties; Pages H13576–78 Agreed to amend the title so as to read: ‘‘To pre- Recognizing the Grand Concourse on its 100th vent the inadvertent disclosure of information on a anniversary as the preeminent thoroughfare in the computer through the use of certain ‘‘peer-to-peer’’ borough of the Bronx and an important nexus of file sharing programs without first providing notice commerce and culture for the City of New York: and obtaining consent from an owner or authorized H. Res. 907, to recognize the Grand Concourse on user of the computer.’’. Page H13594 its 100th anniversary as the preeminent thoroughfare Fiscal Year 2010 Federal Aviation Administra- in the borough of the Bronx and an important nexus tion Extension Act, Part II: H.R. 4217, to amend of commerce and culture for the City of New York, the Internal Revenue Code of 1986 to extend the by a 2⁄3 yea-and-nay vote of 405 yeas with none vot- funding and expenditure authority of the Airport ing ‘‘nay’’, Roll No. 938; and Airway Trust Fund and to amend title 49, Pages H13578–79, H13599–H13600 United States Code, to extend authorizations for the Extending through December 31, 2010, the au- airport improvement program; and Pages H13594–96 thority of the Secretary of the Army to accept and No Social Security Benefits for Prisoners Act of expend funds contributed by non-Federal public 2009: H.R. 4218, to amend titles II and XVI of the entities to expedite the processing of permits: H.R. Social Security Act to prohibit retroactive payments 4165, to extend through December 31, 2010, the to individuals during periods for which such individ- authority of the Secretary of the Army to accept and uals are prisoners, fugitive felons, or probation or pa- expend funds contributed by non-Federal public en- role violators. Pages H13596–97 tities to expedite the processing of permits; Suspensions—Proceedings Resumed: The House Pages H13579–81 agreed to suspend the rules and agree to the fol- Amending the Water Resources Development Act lowing measures which were debated on Monday, of 1992 to modify an environmental infrastructure December 7th: project for Big Bear Lake, California: H.R. 1854, Recognizing the 10th Anniversary of the activa- to amend the Water Resources Development Act of tion of Echo Company of the 100th Battalion of 1992 to modify an environmental infrastructure the 442d Infantry, and the sacrifice of the soldiers project for Big Bear Lake, California; Pages H13581–82 and families in support of the United States: H. Authorizing the Board of Regents of the Smith- Con. Res. 199, amended, to recognize the 10th An- sonian Institution to plan, design, and construct a niversary of the activation of Echo Company of the vehicle maintenance building at the vehicle main- 100th Battalion of the 442d Infantry, and the sac- tenance branch of the Smithsonian Institution lo- rifice of the soldiers and families in support of the cated in Suitland, Maryland: H.R. 3224, to au- United States, by a 2⁄3 yea-and-nay vote of 400 yeas thorize the Board of Regents of the Smithsonian In- with none voting ‘‘nay’’, Roll No. 932; stitution to plan, design, and construct a vehicle Pages H13570–71 maintenance building at the vehicle maintenance Agreed to amend the title so as to read: ‘‘Recog- branch of the Smithsonian Institution located in nizing the 10th Anniversary of the redesignation of Suitland, Maryland; Page H13582 Company E, 100th Battalion, 442d Infantry Regi- Data Accountability and Trust Act: H.R. 2221, ment of the United States Army and the sacrifice of amended, to protect consumers by requiring reason- the soldiers of Company E and their families in sup- able security policies and procedures to protect com- port of the United States.’’. Page H13571 puterized data containing personal information, and Commending the soldiers and civilian personnel to provide for nationwide notice in the event of a se- stationed at Fort Gordon and their families for curity breach; Pages H13586–91 their service and dedication to the United States:

VerDate Nov 24 2008 05:34 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 5627 Sfmt 0627 E:\CR\FM\D08DE9.REC D08DEPT1 tjames on DSKG8SOYB1PROD with DIGEST December 8, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1427 H. Con. Res. 206, amended, to commend the sol- Quorum Calls—Votes: Eight yea-and-nay votes de- diers and civilian personnel stationed at Fort Gordon veloped during the proceedings of today and appear and their families for their service and dedication to on pages H13570, H13571, H13571–72, the United States and to recognize the contributions H13572–73, H13597–98, H13598, H13599 and of Fort Gordon to Operation Iraqi Freedom and Op- H13599–H13600. There were no quorum calls. eration Enduring Freedom and its role as a pivotal 2 Adjournment: The House met at 9 a.m. and ad- communications training installation, by a ⁄3 yea- journed at 11:24 p.m. and-nay vote of 404 yeas with none voting ‘‘nay’’, Roll No. 933; Pages H13571–72 Recognizing and honoring the National Guard Committee Meetings on the occasion of its 373rd anniversary: H. Res. AFGHANISTAN STRATEGIC REVIEW 940, to recognize and honor the National Guard on Committee on Armed Services: Continued hearings on the occasion of its 373rd anniversary, by a 2⁄3 yea- Afghanistan: The Results of the Strategic Review, and-nay vote of 401 yeas with none voting ‘‘nay’’, Part II. Testimony was heard from GEN Stanley Roll No. 934; and Pages H13572–73 McChrystal, USA, Commander, International Secu- Recognizing the United States Air Force and rity Assistance Force (ISAF), and Commander, U.S. Dyess Air Force Base for their success in achieving Forces Afghanistan (USFOR—A), Department of energy savings and developing energy-saving inno- Defense; and Ambassador Karl W. Eikenberry, U.S. vations during Energy Awareness Month: H. Res. Ambassador to Afghanistan, Department of State. 845, amended, to recognize the United States Air Force and Dyess Air Force Base for their success in U.S. EDUCATION STANDARDS achieving energy savings and developing energy-sav- Committee on Education and Labor: Held a hearing on ing innovations during Energy Awareness Month, by Improving Our Competitiveness: Common Core a 2⁄3 yea-and-nay vote of 409 yeas with none voting Education Standards. Testimony was heard from Bill ‘‘nay’’, Roll No. 935. Pages H13597–98 Ritter, Jr., Governor, State of Colorado; and public Suspensions—Proceedings Postponed: The House witnesses. debated the following measures under suspension of PRESCRIPTION DRUG PRICE INFLATION the rules. Further proceedings were postponed: Committee on Energy and Commerce: Subcommittee on Roy Rondeno, Sr. Post Office Building Designa- Health held a hearing entitled ‘‘Prescription Drug tion Act: H.R. 3951, to designate the facility of the Price Inflation: Are Prices Rising Too Fast?’’ Testi- United States Postal Service located at 2000 Lou- mony was heard from public witnesses. isiana Avenue in New Orleans, Louisiana, as the ‘‘Roy Rondeno, Sr. Post Office Building’’; PRIVATE/GOVERNMENT FORECLOSURE Pages H13573–74 CRISIS RESPONSE Ann Marie Blute Post Office Designation Act: Committee on Financial Services: Held a hearing enti- H.R. 4017, to designate the facility of the United tled ‘‘The Private Sector and Government Response States Postal Service located at 43 Maple Avenue in to the Mortgage Foreclosure Crisis.’’ Testimony was Shrewsbury, Massachusetts, as the ‘‘Ann Marie Blute heard from the following officials of the Department Post Office’’; Pages H13574–76 of the Treasury: Herbert M. Allison, Jr., Assistant Secretary, Financial Stability; and Douglas W. Roe- Expressing the sense of the House of Representa- der, Senior Deputy Comptroller Large Bank Super- tives that Congress should provide increased Fed- vision, Office of the Comptroller of the Currency; eral funding for continued type 1 diabetes re- Michael H. Krimminger, Special Advisor, Policy, search: H. Res. 35, to express the sense of the House Office of the Chairman, FDIC; and public witnesses. of Representatives that Congress should provide in- creased Federal funding for continued type 1 diabe- JUDGE PORTEOUS IMPEACHMENT tes research; and Pages H13582–84 Committee on the Judiciary: Task Force on Judicial Im- Expressing support for the designation of a Na- peachment continued possible Impeachment of tional Prader-Willi Syndrome Awareness Month to United States District Judge G. Thomas Porteous, raise awareness of and promote research into this Jr., Part II. Testimony was heard from DeWayne challenging disorder: H. Res. 55, to express support Horner, Special Agent, FBI, New Orleans, Louisiana, for the designation of a National Prader-Willi Syn- Department of Justice; Alan Baron, Special Impeach- drome Awareness Month to raise awareness of and ment Counsel, Committee on the Judiciary; and promote research into this challenging disorder. public witnesses. Pages H13584–86 Will continue December 10.

VerDate Nov 24 2008 05:34 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 5627 Sfmt 0627 E:\CR\FM\D08DE9.REC D08DEPT1 tjames on DSKG8SOYB1PROD with DIGEST D1428 CONGRESSIONAL RECORD — DAILY DIGEST December 8, 2009 DEATH PENALTY APPEALS—HABEAS Chairman Frank (MA), and Representatives Rush, CORPUS LIMITATIONS and Bachus. Committee on the Judiciary: Subcommittee on the Con- PUBLIC TRANSIT SAFETY stitution, Civil Rights and Civil Liberties held a Committee on Transportation and Infrastructure: Sub- hearing on the Impact of Federal Habeas Corpus committee on Highways and Transit held a hearing Limitations on Death Penalty Appeals. Testimony on Public Transit Safety: Examining the Federal was heard from Michael E. O’Hare, Supervisory As- Role. Testimony was heard from the following offi- sistant State’s Attorney, Civil Litigation Bureau, Of- cials of the Department of Transportation: Ray fice of the Chief State’s Attorney, State of Con- LaHood, Secretary; and Peter Rogoff, Administrator, necticut; Gerald Kogan, Chief Justice (ret.), Supreme Federal Transit Administration; Katherine A. Court, State of Florida; and public witnesses. Siggerud, Managing Director, Physical Infrastruc- TAX EXTENDERS ACT OF 2009 ture, GAO; Robert J. Chipkevich, Director, Office of Committee on Rules: Granted, by a non-record vote, a Railroad, Pipeline, and Hazardous Materials Inves- closed rule. The rule provides one hour of general tigations, National Transportation Safety Board; debate on H.R. 4213, the Tax Extenders Act of Richard W. Clark, Director, Consumer Protection 2009, equally divided and controlled by the chair and Safety Division, Public Utilities Commission, and ranking minority member of the Committee on State of California; and a public witness. Ways and Means. BRIEFING—NSA UPDATE The rule waives all points of order against consid- Permanent Select Committee on Intelligence: Met in execu- eration of the bill except those arising under clause tive session to receive a briefing on NSA Update. 9 or 10 of rule XXI. The rule provides that the bill The Committee was briefed by departmental wit- shall be considered as read. The rule waives all nesses. points of order against the bill. Finally, the rule pro- vides one motion to recommit with or without in- structions. Testimony was heard by Representatives Joint Meetings Neal, Brady (TX), and Cao. DEPARTMENTS OF TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT THE WALL STREET REFORM AND AND RELATED AGENCIES CONSUMER PROTECTION ACT OF 2009 APPROPRIATIONS ACT Committee on Rules: Granted, by a non-record vote, a Conferees agreed to file a conference report on the rule. The rule provides three hours of general debate differences between the Senate and House passed on H.R. 4173, the Wall Street Reform and Con- versions of H.R. 3288, making appropriations for sumer Protection Act of 2009, with two hours to be the Departments of Transportation, and Housing and equally divided and controlled by the chair and Urban Development, and related agencies for the fis- ranking minority member of the Committee on Fi- cal year ending September 30, 2010. nancial Services, 30 minutes to be equally divided f and controlled by the chair and ranking minority member of the Committee on Agriculture, and 30 COMMITTEE MEETINGS FOR WEDNESDAY, minutes to be equally divided and controlled by the DECEMBER 9, 2009 chair and ranking minority member of the Com- (Committee meetings are open unless otherwise indicated) mittee on Energy and Commerce. The rule waives all points of order against consideration of the bill ex- Senate cept those arising under clause 9 or 10 of rule XXI. Committee on Banking, Housing, and Urban Affairs: Sub- The rule provides that the amendment printed in committee on Economic Policy, to hold hearings to ex- the report of the Committee on Rules shall be con- amine creating jobs in the recession, 2 p.m., SD–538. sidered as adopted in the House and in the Com- Committee on Commerce, Science, and Transportation: to mittee of the Whole. The rule provides that the hold hearings to examine research parks and job creation, Committee of the Whole shall rise without motion focusing on innovation through cooperation, 2:30 p.m., after general debate and that no further consideration SR–253. Committee on Finance: Subcommittee on International of the bill shall occur except pursuant to a subse- Trade, Customs, and Global Competitiveness, to hold quent order of the House. The rule also provides hearings to examine exports’ place on the path of eco- that the Chair of the Committee of the Whole may nomic recovery, 2:30 p.m., SD–215. entertain a motion that the Committee rise only if Committee on Foreign Relations: to hold hearings to exam- offered by the chair of the Committee on Financial ine the new Afghanistan strategy, focusing on the view Services or his designee. Testimony was heard by from the ground, 10 a.m., SD–419.

VerDate Nov 24 2008 05:34 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 5627 Sfmt 0627 E:\CR\FM\D08DE9.REC D08DEPT1 tjames on DSKG8SOYB1PROD with DIGEST December 8, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1429

Full Committee, to receive a briefing on Afghanistan, tegic and Economic Review of Aerospace Exports, 2 p.m., focusing on a report from the field, 1 p.m., SVC–217. 2200 Rayburn. Subcommittee on European Affairs, to hold hearings to Subcommittee on the Western Hemisphere, hearing on examine strengthening the transatlantic economy, 2:30 New Direction or Old Path? Caribbean Basin Security p.m., SD–419. Initiative (CBSI), 2 p.m., 2172 Rayburn. Committee on Homeland Security and Governmental Affairs: Committee on Homeland Security, to consider the fol- to hold hearings to examine five years after the Intel- lowing: H. Res. 922, Directing the Secretary of Home- ligence Reform and Terrorism Prevention Act, focusing land Security to transmit to the House of Representatives on stopping terrorist travel, 9:30 a.m., SD–342. all information in the possession of the Department of Subcommittee on Oversight of Government Manage- Homeland Security relating to the Department’s plan- ment, the Federal Workforce, and the District of Colum- ning, information sharing, and coordination with any bia, to hold hearings to examine the diplomat’s shield, fo- state of locality receiving detainees held at Naval Station, cusing on diplomatic security today, 2:30 p.m., SD–342. Guantanamo Bay, Cuba on or after January 20, 2009; Committee on Indian Affairs: to hold hearings to examine Committee Resolution 3. Authorizing the issuance of a S. 1690, to amend the Act of March 1, 1933, to transfer subpoena ad testificandum, for Mr. Tareq Salahi; and certain authority and resources to the Utah Dineh Cor- Committee Resolution 4, authorizing the issuance of a poration; to be immediately followed by an oversight subpoena ad testificandum for Mrs. Michaele Salahi, 2 hearing to examine Department of the Interior backlogs, p.m., 311 Cannon. 9:15 a.m., SD–628. Committee on the Judiciary, Committee on the Judiciary: to hold an oversight hearing markup the following legisla- to examine the Department of Homeland Security, 10 tion: H. Res. 920, Directing the Attorney General to a.m., SH–216. transmit to the House of Representatives all information Full Committee, to hold hearings to examine mortgage in the Attorney General’s possession regarding certain fraud, securities fraud, and the financial meltdown, focus- matters pertaining to detainees held at Naval Station, ing on prosecuting those responsible, 2 p.m., SD–226. Guantanamo Bay, Cuba who are transferred into the Committee on Veterans’ Affairs: to hold hearings to exam- United States; H.R. 3190, Discount Pricing Consumer ine the nominations of Robert A. Petzel, of Minnesota, Protection Act of 2009; and H.R. 569, Equal Justice for to be Under Secretary for Health, and Raul Perea-Henze, Our Military Act of 2009, 10 a.m., 2141 Rayburn. of New York, to be Assistant Secretary for Policy and Committee on Oversight and Government Reform, Sub- Planning, both of the Department of Veterans Affairs, committee on Government Management, Organization 9:30 a.m., SR–418. and Procurement, hearing entitled ‘‘Protecting Intellec- tual Property Rights in a Global Economy: Current House Trends and Future Challenges,’’ 10 a.m., 2247 Rayburn. Committee on Agriculture, Subcommittee on Conserva- Subcommittee on National Security and Foreign Af- tion, Credit, Energy, and Research, hearing to review the fairs, hearing entitled ‘‘U.S. Aid to Pakistan: Planning regulatory and legislative strategies in the Chesapeake and Accountability,’’ 10 a.m., 2154 Rayburn. Bay watershed, 10 a.m., 1300 Longworth. Committee on Rules, to continue consideration of H.R. Committee on the Budget, hearing on The Social Safety 4173, Wall Street Reform and Consumer Protection Act Net: Impact of the Recession and of the Recovery Act, of 3009. 3 p.m., H–313 Capitol. 10 a.m., 210 Cannon. Committee on Transportation and Infrastructure, Sub- Committee on Energy and Commerce, Subcommittee on committee on Coast Guard and Maritime Transportation, Commerce, Trade, and Consumer Protection, to mark up hearing on Maritime Domain Awareness, 2 p.m., 2167 H.R. 390, College Football Playoff Act of 2009, 10 a.m., Rayburn. 2322 Rayburn. Subcommittee on Water Resources and Environment, Committee on Financial Services, Subcommittee Capital hearing on the One Year Anniversary of the Tennessee Markets, Insurance, and Government Sponsored Enter- Valley Authority’s Kingston Ash Slide: Evaluating Cur- prises, hearing entitled ‘‘Additional Reforms to the Secu- rent Cleanup Progress and Assessing Future Environ- rities Investor Protection Act,’’ 10 a.m., 2128 Rayburn. mental Goals, 10 a.m., 2167 Rayburn. Committee on Foreign Affairs, Subcommittee on Ter- Permanent Select Committee on Intelligence, executive, brief- rorism, Nonproliferation, and Trade, hearing on A Stra- ing on Afghanistan/Pakistan Update, 11 a.m., 304–HVC.

VerDate Nov 24 2008 05:34 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 5627 Sfmt 0627 E:\CR\FM\D08DE9.REC D08DEPT1 tjames on DSKG8SOYB1PROD with DIGEST D1430 CONGRESSIONAL RECORD — DAILY DIGEST December 8, 2009

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

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. ation of H.R. 3590, Service Members Home Ownership 4213—Tax Extenders Act of 2009 (Subject to a Rule). Tax Act, with roll call votes possible throughout the day. Begin Consideration of H.R. 4173—Wall Street Reform and Consumer Protection Act (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Johnson, Timothy V., Ill., E2913 Poe, Ted, Tex., E2905 Kingston, Jack, Ga., E2905, E2907 Radanovich, George, Calif., E2903, E2904, E2907, E2915 Baldwin, Tammy, Wisc., E2911, E2915 Kratovil, Frank, Jr., Md., E2913 Rogers, Mike, Ala., E2903, E2906, E2915 Bishop, Sanford D., Jr., Ga., E2908 Larsen, Rick, Wash., E2905 Ross, Mike, Ark., E2908 Blumenauer, Earl, Ore., E2912 Luetkemeyer, Blaine, Mo., E2905 Rush, Bobby L., Ill., E2916 Brown-Waite, Ginny, Fla., E2903, E2906 McMahon, Michael E., N.Y., E2916 ´ Burgess, Michael C., Tex., E2903, E2904 McMorris Rodgers, Cathy, Wash., E2911 Sanchez, Linda T., Calif., E2906 Buyer, Steve, Ind., E2904, E2908 Maloney, Carolyn B., N.Y., E2912 Skelton, Ike, Mo., E2909 Coffman, Mike, Colo., E2913 Marchant, Kenny, Tex., E2905 Space, Zachary T., Ohio, E2904 Davis, Danny K., Ill., E2916, E2917 Mica, John L., Fla., E2909 Speier, Jackie, Calif., E2915, E2916, E2917, E2917 Gingrey, Phil, Ga., E2908 Moran, Jerry, Kans., E2913 Tanner, John S., Tenn., E2904 Hare, Phil, Ill., E2914 Ortiz, Solomon P., Tex., E2906 Tonko, Paul, N.Y., E2911 Hoyer, Steny H., Md., E2914 Owens, William L., N.Y., E2907 Wexler, Robert, Fla., E2912 Johnson, Eddie Bernice, Tex., E2914 Paulsen, Erik, Minn., E2906

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at 202–512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to 866–512–1800 (toll free), 202–512–1800 (D.C. area), or fax to 202–512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Nov 24 2008 06:27 Dec 09, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0664 Sfmt 0664 E:\CR\FM\D08DE9.REC D08DEPT1 tjames on DSKG8SOYB1PROD with DIGEST