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]’’

Pdf, and Submitted Electronically, Either on a Disk to Accompany the Signed Statement, Or by E-Mail to the Official Reporters of Debates at ‘‘Record@Sec.Senate.Gov’’

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 15, 2009 No. 190 House of Representatives The House met at 9 a.m. and was MORNING-HOUR DEBATE DECISION TO PROSECUTE GUANTA- called to order by the Speaker pro tem- NAMO BAY TERRORISTS IN NEW pore (Mr. CUELLAR). The SPEAKER pro tempore. Pursu- YORK CITY f ant to the order of the House of Janu- ary 6, 2009, the Chair will now recog- The SPEAKER pro tempore. The DESIGNATION OF SPEAKER PRO nize Members from lists submitted by Chair recognizes the gentleman from TEMPORE the majority and minority leaders for North Carolina (Mr. COBLE) for 5 min- The SPEAKER pro tempore laid be- morning-hour debate. utes. fore the House the following communication from the Speaker: The Chair will alternate recognition Mr. COBLE. Mr. Speaker, I pre- WASHINGTON, DC, between the parties, with each party viously came to the well of the House December 15, 2009. limited to 25 minutes and each Mem- to voice my disappointment in the then I hereby appoint the Honorable ber, other than the majority and mi- recently announced decision to pros- HENRY CUELLAR to act as Speaker pro nority leaders and the minority whip, ecute certain Gitmo detainees, Gitmo tempore on this day. limited to 5 minutes, but in no event terrorists, in New York City. NANCY PELOSI, Speaker of the House of Representatives. shall debate continue beyond 9:50 a.m.

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.

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VerDate Nov 24 2008 00:02 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 8633 E:\CR\FM\A15DE7.000 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14880 CONGRESSIONAL RECORD — HOUSE December 15, 2009 I return today, Mr. Speaker, to reit- with a critical discussion on how we more energy than anybody in the erate my concern and disappointment are going to meet those challenges. Our world. It’s exciting to see the European about this ill-advised decision, which, delegation is going to be somewhat Union, China and India all acting, at in my opinion, will cause our prosecu- unique because, while other groups of least in their own way, moving in this torial ship of state to sail directly into parliamentarians in other countries direction. The dominos are falling for the tide of procedural reefs, rocks and are of different parties and disagree on new, clean, energy economies, man- shoals. When ships steam near reefs, the best solution to deal with climate aging forests to protect the planet and rocks and shoals, collisions and/or change and extreme weather events, new sustainable agriculture. groundings become imminent, if not in- ours, with the possible exception of All this will happen. The question is evitable. Saudi Arabia, will be the only one when. I am encouraged that in Copen- The commanding officer of this ship, where there are some people who actu- hagen there is a process that the President Obama, and his executive of- ally question the science and the need United States can help move us for- ficer for this issue, the Attorney Gen- for action. ward. eral, should bring this ship about, ter- This is unfortunate, because the facts f minate the course now pursued and for- are clear. Even regarding the recent TIME FOR A NEW APPROACH TO mulate a better course that will serve dust up over stolen e-mails of some of RESTORE OUR ECONOMY good purposes. The present decision, in the climate scientists, it doesn’t my opinion, serves no good purpose and change the scientific consensus that we The SPEAKER pro tempore. The is seriously flawed. are involved in a period of significant Chair recognizes the gentlewoman from My disappointment regarding this global warming and that human activ- Florida (Ms. ROS-LEHTINEN) for 5 min- matter, Mr. Speaker, is shared by thou- ity is the cause. Despite some dispute utes. sands and thousands of New Yorkers over whether this year is the fourth, Ms. ROS-LEHTINEN. Mr. Speaker, it specifically and Americans generally. fifth or sixth warmest in history, there is time for a new approach to bring our New Yorkers should not be forced to is no question but that the current dec- country back to where it was for most endure 9/11 yet again. ade will be the hottest since we began of the two centuries, the land of hope What about the costs that will be in- recording temperatures. and opportunity. evitably incurred to conduct these Even with the consensus on science, Unfortunately, there is a growing prosecutions? Thousands upon thou- there still is a great deal of real con- fear about our Nation’s future among sands of dollars will be spent, thou- troversy in Copenhagen about how we many in my congressional district, as sands upon thousands of dollars we are going to move forward. well as throughout the Nation. The simply do not have. I think it’s very important for us to economic recession continues, accord- Mr. Speaker, furthermore, many of highlight the encouraging dynamic ing to many constituents with whom I us fear that the decision to prosecute that is taking shape, because there is a speak every day. in New York City has the trappings of consensus for taking action. The ques- My constituents tell me how they converting the courtroom into a three- tion is in implementation both of speed have personally felt the constant ring circus to the detriment of Amer- and scale. drumbeat of rising unemployment, the ica, public relations-wise. I have ear- There is good news that the United ballooning cost of college tuitions, the nestly tried to detect something posi- States is no longer missing in action. reality of postponing retirement and tive about this decision, and I have As the world’s largest economy, the the continuing credit implosion that come up empty time and time again. second largest emitter this year and has hurt so many homeowners and I fear President Obama and Attorney still the leader in the history of the small businesses. No doubt our Nation General Holder are so rigidly inflexible world in total emissions, it’s important continues to struggle and people need in defending their decision. This aside, that the United States finally joins help. I respectfully urge them to reconsider with the rest of the developed world to But the congressional majority and and reexamine the decision, hopefully deal with this question. It is encour- the administration have spent the last reject it and subsequently embrace a aging that the Obama administration year on an agenda that grows big gov- policy that is more sound and that will and the new Congress has been acting ernment, that escalates the deficit, attract more support from the Amer- from the very beginning of this session that borrows billions from adversarial ican people. of Congress with an $80 billion invest- foreign governments. As a result of This is a terrible decision, Mr. Speak- ment in clean energy. this unprecedented government spend- er, and I hope it can be rectified. After years of delay, the Obama ad- ing spree, our national debt will reach f ministration acted on what we passed unchartered levels, doubling over the in the last Congress to increase the next 5 years and tripling in just 10 GLOBAL WARMING long overdue improvement in auto- years. The SPEAKER pro tempore. The mobile fuel efficiency. The EPA has fi- Not surprisingly, as our debt doubles Chair recognizes the gentleman from nally announced that it is going to fol- and revenues plunge, creating jobs has Oregon (Mr. BLUMENAUER) for 5 min- low the law dealing with carbon pollu- taken a back seat to other issues. The utes. tion, as the Bush administration was $800 billion stimulus bill has failed to Mr. BLUMENAUER. Mr. Speaker, directed by the Supreme Court but re- create or save the millions of jobs that this morning, listeners to NPR Market- fused to do. it promised. Since it was passed, in place heard the insurance industry We have had the historic passage of fact, we have actually lost 3.3 million dealing with the problems of global the Waxman-Markey legislation, for jobs while the unemployment rate re- warming. Extreme weather events, ac- the first time in history putting Con- mains at 10 percent nationally, and in tually, is why they were concerned. gress on record supporting comprehen- my home State of Florida it has now That term global warming actually sion climate legislation. The adminis- reached 11 percent. The question now is means drought, flood, heat waves, in- tration will use the House bill as the can we still grow our economy, create tense storms, breaking seasonal pat- basis for targeted reductions in green- jobs and help struggling families with- terns. In my region of the Pacific house gases. We have emerging in the out further mortgaging our children’s northwest, it means long, slow trends, Senate a bipartisan framework with future. like the increase in spring tempera- Senator KERRY, Senator LIEBERMAN First, we should agree to block any tures over the last 70 years, that lead and Senator GRAHAM providing the Federal tax increases until unemploy- to a significant decline in the snow leadership in that area. ment drops below 5 percent. Americans pack that we rely upon for drinking It’s exciting to see the pieces come of all political persuasions can agree water and hydropower. together, Mr. Speaker. It is frustrating that the government should never raise As our congressional delegation to see it slow, and time is of the es- taxes during periods of high unemploy- heads to Copenhagen this week to join sence, but finally it’s clear that action ment. with parliamentarians from around the is in everybody’s interest. The United Second, we need to restore confidence world, we will be able to be involved States can no longer afford to waste in America’s economic future. Record

VerDate Nov 24 2008 00:02 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.002 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14881 deficits and debt, combined with run- represent what would be the largest come as no surprise to anyone, because away spending, have shaken our con- single deficit reduction in American of that action, or lack of action, budget fidence in our economic future. One history. As we stand at an economic deficits returned the very next year. proposal is to freeze domestic discre- crossroads, I believe we must seize ad- By allowing PAYGO to die, the Repub- tionary spending at last year’s level vantage of this prospect and dedicate a licans were no longer constrained in without raising taxes. Proponents significant portion of those remaining their spending habits. They coupled state that this would save U.S. tax- TARP funds to deficit reduction. reckless behavior with reckless dis- payers $53 billion immediately, but, This would build on the actions we regard for the consequences and now more importantly, it would send a sig- already have undertaken to reduce the expect the American people to believe nal that we are committed to lowering deficit. In March, Congress passed the their newfound concern for deficits. the deficit. concurrent resolution on the budget for Where was that concern when we voted Third, we need to approve three fiscal year 2010 that lowers the budget this year to reinstitute statutory promising free trade agreements with deficit to a third of the current amount PAYGO? Only 24 Republicans in this Colombia, South Korea and Panama within 4 years. This summer the House House of Representatives voted in that have stalled under this adminis- of Representatives passed legislation to favor of returning fiscal responsibility tration. Recently the President stated reinstitute one of the most significant to the Congress. that increasing U.S. exports by just 1 deficit reduction tools in recent mem- Mr. Speaker, long-term financial sta- percent would create over 250,000 jobs. ory, statutory pay-as-you-go, or bility depends on the continuance of Sure enough, the independent Inter- PAYGO, legislation. PAYGO requires our fiscal responsibilities. Long-term national Trade Commission estimates all reductions in revenue or increases job growth depends upon a stable and that these three deals would boost U.S. in entitlement spending to be offset growing economy. Long-term economic exports by over 1 percent. with other spending cuts or alternative stability depends upon sustainable Fed- Well, I look forward to hearing from sources of funding, a mechanism the eral budgets. Now, Mr. Speaker, is the the constituents of my congressional Republican Congress let expire in 2002. time for the dedication of a significant district in South Florida about how we Yearly deficits, unfortunately, are portion of unused TARP funds for def- can bring back economic growth and not a new phenomenon. In fact, start- icit reduction. The American people ensure that America will once again be ing with fiscal year 1970, we had 28 count on us. the land of opportunity that I knew straight deficits. But Congress took ac- f when I first came to this country al- tion and enacted statutory PAYGO in RECESS most five decades ago. 1990. Starting in fiscal year 1998, Presi- dent Clinton presided over four The SPEAKER pro tempore. Pursu- It’s time to get our economy back on ant to clause 12(a) of rule I, the Chair straight budget surpluses. The last track. declares the House in recess until 10 time we had that many surpluses in a f a.m. today. row was in the 1920s. Sustained sur- Accordingly (at 9 o’clock and 19 min- FISCAL RESPONSIBILITY AND pluses are the result of sound economic USING TARP TO REDUCE THE utes a.m.), the House stood in recess policy and fiscal responsibility, which, until 10 a.m. today. DEFICIT quite frankly, had been sorely lacking The SPEAKER pro tempore. The these last past 8 years, Mr. Speaker. f Chair recognizes the gentleman from Make no mistake. As this Congress b 1000 Virginia (Mr. CONNOLLY) for 5 minutes. took office in January, we were handed AFTER RECESS Mr. CONNOLLY of Virginia. Mr. a deficit that was $1 trillion. How is Speaker, I am intrigued to hear my that possible? How could we go from The recess having expired, the House good friend from Florida talk about four straight surpluses with projected was called to order by the Speaker (Ms. PELOSI) at 10 a.m. deficits as if the Republican Party, future surpluses totaling $5.6 trillion to when it was in the majority and con- an inherited $1 trillion deficit this f trolling the White House, had nothing year? How could record surpluses be- PRAYER to do with creating record deficits after come record deficits? Fiscal irrespon- The Chaplain, the Reverend Daniel P. inheriting record surpluses. sibility. Coughlin, offered the following prayer: Mr. Speaker, as we continue on the The current recession, which began Lord of the law and the prophets, in path to economic recovery, and as we in 2007 and accounted for $479 billion of the days of Isaias, the people expected maintain our focus on putting millions the fiscal year 2009 deficit, was the re- ‘‘All nations to stream toward the tem- of Americans back to work, we must sult of a concerted effort to avoid rea- ple of the Lord. Many peoples shall reduce long-term deficits, I agree. The sonable oversight of the financial sec- come and say, ’Come, let us climb the actions we have taken to stabilize the tor. The risky and destructive behavior Lord’s mountain to the house of our economy and to spur economic and job engaged in by a number of financial in- God that we may be instructed in the growth will be for naught if our long- stitutions was long ignored and in right direction, and we may walk the term economic health is imperiled by some ways subtly encouraged by a cul- paths of justice.’’ ever-rising budget deficits. ture of deregulation on the other side In the days of Jesus, the people went I stand here today in favor of a sig- of the aisle. The ensuing recession out to hear the prophetic voice crying nificant tool for deficit reduction, the threw millions of Americans out of in the desert, ‘‘Prepare the way for the dedication of unused TARP funds. work and exacerbated the deficit. Lord. Listen to him.’’ Fiscal irresponsibility was a hall- b 0915 Why is it, Lord, that people in our mark of the Bush administration. day do not seek You or Your wisdom as When first proposed by the previous Three of President Bush’s signature they face the complicated issues of law administration, TARP was a $700 bil- policies—his tax cuts, his prescription and government? Do their problems or lion program designed to prevent the drug program, and his decision to start their enemies seem to them stronger financial sector from collapse. In its the Iraq War—resulted in further year- and more powerful than You? own way it’s had measured success. ly debt of more than $670 billion. None Perhaps they do not want to turn to The bank stress tests applied earlier of these policies were paid for. How You because they fear how You will an- this year indicated that the financial could such gross fiscal irresponsibility swer their prayer, and then they will sector was, in fact, stabilizing. A num- occur by conservative Republicans? not be able to say, ‘‘Amen.’’ ber of banks, most recently the Bank It occurred in large part because f of America and Citigroup, have, in fact, President Bush and the Republican- begun to pay back their TARP loan controlled Congress allowed statutory THE JOURNAL funds. PAYGO to lapse in 2002, perhaps the The SPEAKER. The Chair has exam- The unused TARP funds represent most intellectually honest budgetary ined the Journal of the last day’s pro- hundreds of billions of dollars poten- action they, in fact, took during that ceedings and announces to the House tially in deficit reduction. In fact, they time period. And what should have her approval thereof.

VerDate Nov 24 2008 00:02 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.003 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14882 CONGRESSIONAL RECORD — HOUSE December 15, 2009 Pursuant to clause 1, rule I, the Jour- control of Congress based on wide- will provide 800 new jobs with funds di- nal stands approved. spread opposition to the Iraq war. Un- rectly sent to small- and medium-sized f fortunately, we’re now telling the businesses, which is part of, again, the American people the only way they’ll tried and true program that the stim- PLEDGE OF ALLEGIANCE get their unemployment compensation ulus bill expanded. The SPEAKER. Will the gentle- is to support another $130 billion to The president of Willimantic Savings woman from West Virginia (Mrs. keep wars going. Institute, Rheo A. Brouillard, who’s going to have 200 new workers as a re- CAPITO) come forward and lead the What a cruel choice Congress is forc- House in the Pledge of Allegiance. ing on people out of work: Put your sult of this program, said, The grants have assisted us in hiring of entry-level Mrs. CAPITO led the Pledge of Alle- sons and daughters on the firing line, employees and enabled us to provide giance as follows: and we’ll pay you for being in the un- them with new skills needed to more I pledge allegiance to the Flag of the employment line. What a message to young Americans. No jobs for young readily advance their banking careers. United States of America, and to the Repub- The Norwich Bulletin, the largest lic for which it stands, one nation under God, people except to go to war. No chance indivisible, with liberty and justice for all. for young people to go to college and newspaper in New London County, indicated that this is an excellent pro- f have health care unless they learn to kill or be killed. Support this war, we gram, and this is what the stimulus MESSAGE FROM THE SENATE tell the people, the war, which creates package was intended to do. Putting people to work is the best death, war which creates poverty, and A message from the Senate by Ms. way to build a strong and vibrant econ- war which creates unemployment, and CURTIS, one of its clerks, announced omy. We need to build on the stimulus that the Senate has passed without we’ll pay you for being unemployed. bill with these types of programs: first- amendment a joint resolution of the Is this really the best we can do? time homebuyer tax credit, Cash For House of the following title: f Clunkers, incumbent worker training H.J. Res. 62. Joint resolution appointing MORE JOB CREATION programs. Steadily but surely we are the day for the convening of the second ses- ALTERNATIVES turning this economy around, and we sion of the One Hundred Eleventh Congress. need a new jobs package to build on (Mr. WILSON of South Carolina The message also announced that the that success. asked and was given permission to ad- Senate has passed a bill of the fol- f lowing title in which the concurrence dress the House for 1 minute and to re- NANCY SHOBE’S RETIREMENT of the House is requested: vise and extend his remarks.) Mr. WILSON of South Carolina. Mr. (Mrs. CAPITO asked and was given S. 1755. An act to direct the Department of Speaker, there are many jobs creation Homeland Security to undertake a study on permission to address the House for 1 emergency communications. proposals that have been presented but minute and to revise and extend her re- have been ignored. Many will help pro- The message also announced that marks.) mote jobs immediately, provide a 5 per- Mrs. CAPITO. Mr. Speaker, I rise pursuant to section 276a of title 22, cent across-the-board tax cut, increase today to honor Nancy Shobe on her 41 United States Code, as amended, the the child tax credit from $1,000 to years of service to the constituents of Chair, on behalf of the President pro $5,000, repeal the alternative minimum Buckhannon, West Virginia, and to tempore, appoints the following Sen- tax on individuals, permanently repeal congratulate her on her upcoming re- ator as Vice Chairman of the United required distributions on retirement tirement. States-China Interparliamentary accounts, increase by 50 percent the Nancy has served as the secretary to Group conference during the One Hun- tax deduction on student loans and tax the mayor, computer systems manager, dred Eleventh Congress: deduction on qualified higher edu- human resource manager, recorder, The Senator from Missouri (Mr. cation expenses, make unemployment treasurer, and acting mayor during her BOND.) benefits tax free so those individuals 41 years of service to the city of The message also announced that between jobs can focus on providing for Buckhannon. She’s served as president pursuant to Public Law 106–398, as their families, and, to encourage re- of the Municipal Clerks and Recorders amended by Public Law 108–7, in ac- sponsible buyers to enter the housing Association and was selected as Clerk cordance with the qualifications speci- market and stabilize prices, offer a of the Year in 1997 and 1998. She also fied under section 1238(b)(3)(E) of Pub- homebuyer’s tax credit of $15,000. received a Certificate of Highest Merit lic Law 106–398, and upon the rec- Both parties should consider positive from West Virginia University’s Local ommendation of the Republican Lead- alternatives that offer tax relief to Government Leadership Academy. And er, in consultation with the Ranking small businesses and families to pro- most recently, she was awarded the Members of the Senate Committee on mote job creation. Quiet Strength Award for her out- Armed Services and the Senate Com- In conclusion, God bless our troops, standing leadership. Nancy’s leadership was proven during mittee on Finance, the Chair, on behalf and we will never forget September the the difficult times after the Sago Mine of the President pro tempore, re- 11th in the global war on terrorism. disaster. Being the closest incorporated appoints the following individual to Our prayers are with Wayne Dell and city to the Sago Mine, the city of the United States-China Economic Se- his family. curity Review Commission: Buckhannon was able to provide grief Daniel Blumenthal of Maryland, for a f counseling for the families of the Sago term beginning January 1, 2010, and ex- THE BEST SOCIAL PROGRAM IS A miners, largely due to her efforts. piring December 31, 2011. JOB She has proven herself to be a true leader and a dedicated public servant f (Mr. COURTNEY asked and was whose positive impact in our commu- given permission to address the House nity will be felt for many years to IS THIS REALLY THE BEST WE for 1 minute and to revise and extend CAN DO? come. his remarks.) I join with the residents of (Mr. KUCINICH asked and was given Mr. COURTNEY. Mr. Speaker, the Buckhannon, West Virginia, in com- permission to address the House for 1 best social program is a job. It provides mending Nancy Shobe for her out- minute.) individuals and families with the standing leadership and commitment Mr. KUCINICH. The word is that, means to support themselves. It also over the past 41 years, and I urge my with over 15 million Americans out of provides dignity and confidence to colleagues to join me in honoring her. work and desperately in need of ex- know that they actually have a viable f tended unemployment benefits, Con- future. That’s why in eastern Con- gress will put unemployment com- necticut we were very pleased a couple A NEW DEAL FOR A NEW pensation benefits into a bill which of weeks ago that the stimulus bill re- ECONOMY will give another $130 billion for war. leased money for the incumbent work- (Mr. HARE asked and was given per- Remember, our Democratic Party took er training program, a program which mission to address the House for 1

VerDate Nov 24 2008 02:50 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.006 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14883 minute and to revise and extend his re- The President just graded his job per- Reid-Pelosi bill will make it harder marks.) formance on the Oprah show as a B- for seniors to find treatment or afford Mr. HARE. The unemployed don’t plus. I can only imagine, and with fear, care when they are sick. want another benefits check. They the kind of deficit the President would f want a job. And I’m proud to say that have run-up if he had given himself an 1015 on Friday, I introduced H.R. 4290, the A. b New Deal for a New Economy Act, f HONORING ERIE HERO CLARA which would tackle this problem by WARD IRAN REFINED PETROLEUM creating and helping retain millions of SANCTIONS ACT (Mrs. DAHLKEMPER asked and was jobs. It will reach that goal by invest- given permission to address the House ing $60 billion per year over 3 years in (Mr. QUIGLEY asked and was given for 1 minute.) TARP money. permission to address the House for 1 Mrs. DAHLKEMPER. Mr. Speaker, I First, it would invest heavily in the minute.) rise today to honor one of my constitu- creation of public works and public in- Mr. QUIGLEY. Mr. Speaker, despite ents, an extraordinary woman in Erie, terest jobs through the creation of the its claims of pursuing only a peaceful Pennsylvania. Clara Ward, the founder new economy grant program. The jobs nuclear program, Iran’s actions clearly of the Youth Development and Family could be filled by persons of all skill show that it’s developing a nuclear Center in Erie, was the star of ‘‘Ex- levels, specifically in the areas of pub- bomb. You only need three elements to treme Makeover: Home Edition’’ this lic works projects on the State and create a bomb: material, a delivery week, where her dedication to children local level, and public interest work system, and a warhead. Iran has or al- in need was rewarded with an amazing with community-based nonprofit orga- most has all three of these elements. renovation to her home. According to the International nizations. With the help of her daughter Cyn- Secondly, it would provide a direct Atomic Energy Agency, Tehran has de- thia and son Benny, Clara Ward offers veloped 13⁄4 tons of low-enriched ura- line of funding to states and localities her neighborhood’s children a safe nium, enough to make two bombs. As to help alleviate their financial woes. haven from the streets. Every year, for a delivery system, we know Iran The funding would protect and allow Clara gives 300 children presents for has missiles and in May, tested a new for the expansion of our current work- the holidays, and every day, she pro- long-range missile that can reach force and would be channeled directly vides food to children who otherwise Israel, our other allies, and our troops to local governments through the pop- would go to bed hungry. in the region. We all have so much to learn from ular grants programs for COPS hiring, Regarding a warhead, the IAEA has for SAFER Grants for our firefighters, Clara and her spirit of generosity. It is evidence that Iran is working on fit- my hope that we carry this lesson and a public works and economic devel- ting a bomb inside a missile cone. And opment grant program. Further, my through the holiday season and into this week it was reported that Iran has the new year. bill would provide much-needed fund- a plan to test a neutron initiator, a ing to our Nation’s schools to protect component that is used only to trigger f our teachers and hire more to meet the a nuclear bomb and has no possible ci- A BOX OF DOUGHNUTS needs of our children. vilian applications. (Mr. POE of Texas asked and was The third and final piece of this bill As we stand here debating, Iran is is one that is critical to restoring our given permission to address the House making a nuclear bomb. The Iran Re- for 1 minute.) Nation’s lands for future generations. fined Petroleum Sanctions Act will Mr. POE of Texas. Mr. Speaker, re- It’s a direct line of funding to our na- send a signal to Tehran that we will quiring Americans to buy health insur- tional forests and national parks to ad- not stand by silently while they de- ance or pay a fine or even go to jail if dress some of their many high-needs velop a nuclear weapon and threaten the fine tax is unpaid is utterly with- projects that have been neglected for the entire region. out constitutional authority. Under decades. f the Constitution, a citizen has no af- Mr. Speaker, Wall Street got its bail- firmative duty to purchase a mandated out. It’s time for Main Street to get MEDICARE SENIORS CANNOT AFFORD THE REID-PELOSI PLAN congressional product. Citizens have theirs. Again, I ask my colleagues to the right to do nothing. join me in supporting this bill. (Mr. FLEMING asked and was given The bruisers of the Constitution f permission to address the House for 1 claim people must buy car insurance. minute.) TOO MANY PRIORITIES That analogy is flawed. First, States, Mr. FLEMING. Mr. Speaker, Demo- not Congress, have authority under the (Mrs. SCHMIDT asked and was given crats in the Senate are desperately 10th Amendment that is not given to permission to address the House for 1 looking for 60 votes for health care, so Congress. Second, driving is a privi- minute and to revise and extend her re- desperate that, in a new report released lege, not a right, and to exercise that marks.) last week, the chief actuary of Medi- privilege, a driver must buy insurance. Mrs. SCHMIDT. Mr. Speaker, if we care found the Reid-Pelosi bill would But no one is forced to drive a car. don’t heed Moody’s warning, our Na- cause many physicians to stop treating Third, car insurance is to protect a tion’s AAA credit rating is likely to be seniors because of $465 billion in cuts third party from the driver. No State downgraded due to unsustainable defi- to the Medicare program. requires a driver to buy insurance for cits by 2013. And what does this Presi- Unfortunately for Medicare bene- themselves. dent and this majority do to answer ficiaries, the CMS actuary also found A better analogy would be, in the this serious issue? Spend more money that 20 percent of hospitals and nursing name of promoting commerce, forcing we don’t have at record levels. homes would go into the red within the all people to buy a car whether they The President and the majority party next 10 years due to these cuts, seri- wanted to or not, whether they could have no interest in reining in the budg- ously threatening the ability of seniors afford it or not, or be punished. Con- et deficit. Just this weekend, top White to rely on these institutions for their gress, by force, requiring all people to House advisers said that tackling the care. buy a product, whether it’s health in- deficit was not a priority. This admin- As if that were not enough, the Reid surance or a car or even a box of istration has a lot of priorities. A fre- bill would also cut payments to Medi- doughnuts is unconstitutional and quent criticism has been that it has care Advantage plans by roughly $120 abuse of congressional authority. too many priorities. Apparently every- billion, plans that 11 million seniors And that’s just the way it is. thing is a priority except for deficit re- enjoy today. These cuts, according to f duction. I guess this shouldn’t be a sur- the actuary, will result in 3.7 million prise coming from an administration seniors losing benefits under Medicare, THE STIMULUS BILL that, in its first year in office, tripled causing many to pay more out of pock- (Mr. HIMES asked and was given per- the budget deficit to an all-time record et each month for the drugs and serv- mission to address the House for 1 high of $1.4 trillion. ices they lost. The. minute.)

VerDate Nov 24 2008 00:02 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.007 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14884 CONGRESSIONAL RECORD — HOUSE December 15, 2009 Mr. HIMES. Mr. Speaker, we are term stability under the Bush adminis- REGULATORY REFORM looking at the last week perhaps of our tration and reaped record profits as a (Mr. ALTMIRE asked and was given session, and I think we can look back result of their risky and out-of-control permission to address the House for 1 at some accomplishments. I think we behavior. minute.) can take some comfort in the fact that When the markets collapsed out from Mr. ALTMIRE. Mr. Speaker, it was when this Congress sat in January, 11 under them, this country’s hard- not long ago that our economy bot- months ago, Americans were losing working citizens were forced to suffer tomed out and we were on the brink of their jobs at 20,000 every single day. the consequences. The Wall Street re- an economic catastrophe. We avoided a Because of the stimulus bill, that has form bill we passed increases enforce- complete collapse, but that is little slowed and almost stopped. The stim- ment and makes necessary reforms to consolation to the Americans who lost ulus bill is rebuilding bridges in my hold Wall Street accountable so that it trillions of dollars in retirement sav- district, rebuilding highways, and re- can never again recklessly gamble with ings due to the years of reckless behav- building community health clinics. But our financial health and safety. ior on Wall Street. slowing the rate at which Americans The bill also creates a new Consumer As we continue to show positive signs lose their job is nobody’s idea of a Financial Protection Agency to pre- in our economy, this House last week Christmas present. We have hard work vent borrowers from taking loans that passed legislation to make sure that we to do. they can’t afford and holding risky never again find ourselves in such a I had occasion in church this week- lenders liable for their practices. The dire situation. The regulatory reform end to hear the words of Handel’s CFPA will also protect families and bill we passed creates an orderly proc- ‘‘Messiah,’’ ‘‘and the government shall small businesses from irresponsible ess through which large, failing finan- be upon his shoulders.’’ That is pro- lending practices by ensuring that cial institutions can effectively be dis- phetic, meaning in the future. Right bank loans, mortgages, and credit mantled. No more ‘‘too big too fail.’’ now, the government is on our shoul- cards are fair and easy to understand. We end taxpayer bailouts by ensuring ders. And I hope that when we recon- Finally, this bill makes it clear that that in the future, Wall Street, not the vene in January, we set aside the par- Wall Street will no longer be receiving taxpayers, will pay to dismantle endan- tisanship, the misinformation, and the any sort of taxpayer-funded bailouts. gered firms. And we end the predatory anger to get back to the serious busi- The American people have pulled to- lending practices that helped cause the ness of creating jobs for the American gether and selflessly acted to help this crisis by requiring banks to ensure people. great country. It is time for Wall that they only lend to borrowers who f Street to step up and do the same. can actually repay the loans. THE DEBT CEILING AND DEFENSE These changes are long overdue but SPENDING f come just in time for the American taxpayer. (Mr. OLSON asked and was given permission to address the House for 1 GET THE GOVERNMENT OFF OUR f BACKS minute and to revise and extend his re- RECOVERY ACT DIAGNOSIS marks.) (Mr. GINGREY of Georgia asked and Mr. OLSON. Mr. Speaker, in what (Mr. BROUN of Georgia asked and was given permission to address the was given permission to address the has become a familiar move, House House for 1 minute and to revise and Democrats have decided to increase House for 1 minute and to revise and extend his remarks.) extend his remarks.) spending yet again. But sadly, they Mr. GINGREY of Georgia. Mr. Speak- have opted to shut out debate on this Mr. BROUN of Georgia. Mr. Speaker, er, the Democratic Member from Con- I’m a family doctor. I have examined matter by attaching a $300 billion in- necticut just said it’s prophetic that crease in our Nation’s debt ceiling to the Pelosi and Reid health care bills, the government should be on our shoul- and I have made a diagnosis, and the the Defense appropriations bill. They ders. Unfortunately, the government is know they will have serious trouble American people need to listen up to on our backs, and it shouldn’t be. And this diagnosis. getting support to increase our Na- no better example of that is this mas- tion’s debt limit, so they are using our If you like your health insurance sive health care reform bill, a complete today, the price is going to skyrocket, troops to carry them. government takeover of health care, This is one of the reasons the Amer- and you’re not going to be able to keep bureaucrats coming between doctors it eventually. If you’re on Medicare, ican people are fed up with Congress. and patients. And as a Navy veteran, I can assure you’re going to have a hard time find- People in this country have spoken you that exploiting funding for our ing a doctor that will accept Medicare loudly, but the Democratic majority is troops is both deplorable and demor- because of the massive cuts. If you’re a not listening. alizing, and I will continue to oppose veteran and dependent upon TRICARE, such actions. In my 11th Congressional District of forget it. We owe the American people, our Georgia, Mr. Speaker, there are 95,000 Mr. Speaker, my prescription is that children, our grandchildren, and the people on Medicare, and 13,000 of them, we need to trash the Reid and Pelosi men and women risking their lives in 14 percent of the total, get their cov- health care bills, work in a bipartisan defense of our freedom better than this. erage under Medicare Advantage. That manner, do this in an incremental way At Christmas, we should be hanging or- will be taken away from them as we to lower the cost to everybody, and naments on a tree, not massive spend- strip $120 billion out of the Medicare work to make something that makes ing bills on the back of our troops. Advantage program. sense for the American public and What that means, Mr. Speaker, is keeps the good quality health care we f that those 13,000 people in my district have in America. THE WALL STREET REFORM BILL will have to pay an additional $180 a f (Mr. ARCURI asked and was given month for the Medicare fee-for-service permission to address the House for 1 coverage if they can find a doctor that RECOVERY ACT REPORT minute and to revise and extend his re- will take them. They will have to buy (Mrs. KIRKPATRICK of Arizona marks.) a prescription drug plan at $30 a month asked and was given permission to ad- Mr. ARCURI. Mr. Speaker, last week, and buy a supplemental Medigap plan dress the House for 1 minute and to re- I was proud to stand up with many of to cover many of the things that are vise and extend her remarks.) my colleagues and hold Wall Street ac- covered under Medicare Advantage Mrs. KIRKPATRICK of Arizona. Mr. countable for their reckless actions without additional cost. That policy Speaker, last week, I released a report that led us into the biggest financial will cost them $150 a month. That’s outlining how the American Recovery collapse in the last 50 years. For too why the American people are outraged and Reinvestment Act has benefited long, Wall Street banks were allowed over this plan. greater Arizona and identifying where to put short-term profits ahead of long- Listen up, Members. Vote ‘‘no.’’ improvements can be made. I surveyed

VerDate Nov 24 2008 00:02 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.009 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14885 communities receiving recovery funds allow us to move forward on the health Monitor newspaper in McAllen, Texas, across my district to bring more trans- care reform. on its 100-year anniversary. Since its parency and oversight into the process. Just as when we gather together be- first issue on December 11, 1909, the I found significant progress has been hind closed doors, Democrats, again, McAllen Monitor has been a round-the- made in bringing jobs to greater Ari- are promoting transparent legislation clock operation. zona with 1,098 jobs created or saved in and creating jobs for Americans. We It began as a weekly newspaper. Its District One. Support to our State also stand with the small businesses in pro- reporters recorded the events when prevented deep cuts in Arizona’s edu- viding them more resources and credits McAllen became incorporated in 1911. cation and public safety funding. because they are the backbone of The Monitor was there to record the However, delays were reported on America. We realize that job training, history of the Rio Grande Valley and more than 40 percent of projects, de- and specifically a bill that I am offer- its people. The names of the pioneering spite the hard work of local officials. ing that says that if you’re unem- families leave a roadmap all across the Our rural communities are finding the ployed and get unemployment com- Rio Grande Valley, families like the bureaucracy to be an obstacle. pensation, you can be in a scholarship Canales, the Guerras, the Lopezes, the I will continue working with local of- program that will train you for the Cuellars, the de la Garzas, the ficials and Federal agencies to allow jobs of the future. McAllens, the Youngs, the Closners, greater Arizona to take full advantage The health care bill will be providing the Sharys, the Hinojosas, and the of the Recovery Act so they can create jobs on top of jobs: health care jobs, Bentsens. more jobs and get folks back to work. nursing, doctors, and physician assist- Now a daily paper, the McAllen Mon- itor takes pride in telling the success f ants. Americans need jobs, and Demo- crats are not afraid to take the risks stories of homegrown people who have ANNOUNCEMENT BY THE SPEAKER that are necessary to provide for them. become famous, from Narciso Mar- PRO TEMPORE As we pass the appropriations bill, we tinez, el Huracan del Valle’s accordion The SPEAKER pro tempore (Mr. are creating jobs for America, and, sounds to Kris Kristofferson singing CUELLAR). The Chair will remind all therefore, I’m asking my colleagues to and acting; from Bobby Morrow’s Members not to traffic the well while assist and not cast about the fears of Olympic Gold Medal to the distin- another Member is under recognition. doom. We are moving this economy. guished political career of the late Sen- We are helping health care. We are pro- ator Lloyd Bentsen. f viding the opportunities for America. The McAllen Monitor has covered the THE NATIONAL DEBT And I am glad to be a Democrat serv- good and bad, the sad and the joyous news for 100 years. Congratulations to (Mr. SMITH of Nebraska asked and ing on behalf of the American people. f the McAllen Monitor on its 100-year was given permission to address the anniversary. House for 1 minute and to revise and UNITED NATIONS SOVEREIGNTY f extend his remarks.) (Mr. PITTS asked and was given per- 1030 Mr. SMITH of Nebraska. Mr. Speak- mission to address the House for 1 b er, since 2007, our national debt has in- minute and to revise and extend his re- DEMOCRATS’ ABSURD AGENDA creased 39 percent from nearly $9 tril- marks.) (Mr. DANIEL E. LUNGREN of Cali- lion to more than $12 trillion. This Mr. PITTS. Mr. Speaker, what is the works out to be $39,000 for every man, fornia asked and was given permission proper function of the United Nations? to address the House for 1 minute and woman, and child in America just to Is it a forum for countries to come to- pay off our country’s debt. Now there is to revise and extend his remarks.) gether to promote peace, security, and Mr. DANIEL E. LUNGREN of Cali- a push to increase our Nation’s debt human rights? Or is it an independent fornia. Mr. Speaker, some days ago, ceiling to $13.9 trillion, despite warn- entity that determines and establishes when we were discussing and debating ings this increase will be harmful to the law and regulations to govern and voting on the health care bill, I got the U.S. economy. member states? a call in my office from one of my con- At a time of double-digit unemploy- General Secretary Ban Ki-moon has stituents. After we had spoken for ment and with more than 2.6 million made it clear in recent comments that some time, he said, I have a confession jobs lost since the so-called stimulus the U.N. Climate Summit in Copen- to make. He said, I voted for President was passed by Congress, isn’t it time hagen will not be successful unless a Obama because I thought that he we institute fiscally sound policies? firm deadline for a legally binding would bring us together and that there Over the last 11 months, the Amer- agreement is in place. was hope. But then he said these words, ican people have seen unprecedented In Copenhagen, the U.N. is advo- But I did not vote for this madness. spending from Washington, D.C. They cating for U.N. bureaucrats with the What did he mean? I guess maybe he are certainly not impressed. They legal power to regulate the actions of was talking about a health care bill know any economic recovery starts member states. We should not let the that’s going to cost more money, going with tax relief for working families and health of our economy rest on the col- to raise taxes, and not going to take small businesses and fiscal discipline lective decisions of a group containing care of all Americans. I guess he was from Washington. antagonistic and autocratic govern- talking about a cap-and-trade bill that f ments who do not have the American will put a burden on every single Amer- people’s interests at heart, let alone TRANSPARENT HEALTH CARE ican. I guess he was talking about a the interests of their own citizens. REFORM proposal that comes to us that says, Do we really want Burma, Iran, and oh, we have a huge deficit and we’re (Ms. JACKSON-LEE of Texas asked North Korea and other despotic govern- going to work our way out by spending and was given permission to address ments setting the rules that govern more. And I suppose he may have been the House for 1 minute and to revise how American businesses operate? I here to hear one of my colleagues just and extend her remarks.) certainly do not. a moment ago who said, When Demo- Ms. JACKSON-LEE of Texas. Mr. f crats meet behind closed doors, they Speaker, let me say that when Demo- 100-YEAR ANNIVERSARY OF come out for transparency. It seems crats gather, good things happen for absurd, perhaps because it is. the American people. Our health care MCALLEN MONITOR f bill is a bill that will bring down pre- (Mr. HINOJOSA asked and was given miums, save lives, and create a mag- permission to address the House for 1 JOBS AND THE ECONOMY nificent reform comparable to saving minute and to revise and extend his re- (Ms. WATSON asked and was given lives when Medicare was passed in 1965. marks.) permission to address the House for 1 It is only those who are scared and ap- Mr. HINOJOSA. Mr. Speaker, I, to- minute.) prehensive and not ready to go forward gether with Congressman HENRY Ms. WATSON. Mr. Speaker, the 111th for the American people that won’t CUELLAR, rise to honor the McAllen Congress has made historical progress

VerDate Nov 24 2008 02:50 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.010 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14886 CONGRESSIONAL RECORD — HOUSE December 15, 2009 working with President Obama to take care reform just like they lost the As I speak, world leaders are meeting America in a new direction. We are House after trying to get HillaryCare in Copenhagen to negotiate a new glob- working to turn our economy around through. al climate treaty. This is a tremendous and create good jobs, to make common- Well, there are a few differences be- opportunity for the United States to sense reforms to how Wall Street does tween 1994 and 2009. For one, in 1994, lead the world in coalescing around a business, to make quality health insur- 11,000 people weren’t losing their fair, ambitious, and binding climate ance affordable to every American, and health insurance every day, premiums agreement. to launch a clean-energy jobs revolu- had not nearly tripled in the prior 10 We must confront the causes of glob- tion that makes America more secure. years, we weren’t 7 years away from al warming and manage the impacts of These efforts are being tackled with facing bankruptcy in Medicare, more climate change, such as rising sea lev- fiscal discipline and accountability. than 700,000 people were not going els, and help developing countries ben- You just heard about the American bankrupt every year because of health efit from clean energy technologies. Recovery and Reinvestment Act; and care costs, and, finally, nearly 40,000 Mr. Speaker, the United States has a then there is the Worker, Homeowner- people every year weren’t dying be- lot to gain in Copenhagen. Currently, ship, and Business Assistance Act, cause of a lack of health care coverage. European countries generate more of stimulating growth and creating jobs You know, the people in America their electricity than we do from clean with up to 20 additional weeks of un- have seen what the Republican re- alternative sources, while China is on employment benefits. And then there is sponse for health care is. They saw one track to become the world’s leading the Job Creation Through Entrepre- move in 12 years of their control, and maker of wind turbines by the end of neurship Act to give established small that was to pass an unfunded prescrip- this year. businesses and entrepreneurial start- tion drug plan that the Social Security The United States can lead the world ups the needed tools and resources to trustees now say may raise the deficit in growing a clean energy economy. We thrive, create jobs, and drive economic by $1.2 trillion over the next 10 years. can create new American jobs and growth. We’ve seen the Republican solutions. strengthen our national security while f The American people want the Demo- we protect our planet. We can, and we cratic solutions. must, be the global clean energy leader GITMO DETAINEES COMING TO f again. THE HEARTLAND Let’s all support a fair, ambitious, (Mr. KIRK asked and was given per- MR. PRESIDENT, RECONSIDER and binding climate agreement in Co- mission to address the House for 1 GUANTANAMO BAY penhagen. minute and to revise and extend his re- (Mr. PENCE asked and was given per- f marks.) mission to address the House for 1 Mr. KIRK. Mr. Speaker, this morn- minute and to revise and extend his re- DEMOCRATS AT WORK PUTTING ing, we read reports that the adminis- marks.) AMERICA BACK TOGETHER tration will announce that a prison in Mr. PENCE. Mr. Speaker, I was here (Ms. SHEA-PORTER asked and was Illinois will be home to over 70 al at the Capitol on September 11. I given permission to address the House Qaeda core detainees. After spending watched the smoke rise from the Pen- for 1 minute.) $275 million on a state-of-the-art facil- tagon. I walked in the ashes of Ground Ms. SHEA-PORTER. Mr. Speaker, ity in Cuba, we will walk away from Zero 1 week later. Terrorism is not the- the 111th Congress and the President that investment. oretical to me. That’s why, like most have pulled the economy back from the The new plan poses an unnecessary Americans, I was astonished to read brink. After 8 years of the previous ad- risk on the American people. Adminis- this morning press reports that the ministration’s lax oversight of Wall tration briefings revealed that we are Obama administration is about to Street, tax cuts for the very rich, and not ending Gitmo, just moving it to transfer over 70 known dangerous ter- dishonest budgets that hid the true the heartland. rorists from the military detention fa- costs, this Congress and President Members of Congress posed over one cility at Guantanamo Bay outside the Obama are busy reversing the damage. dozen questions on this plan 1 month United States to a prison inside the The House passed a Wall Street re- ago—with no answer. Here is one of the United States, in the heartland of form bill that will protect consumers key unanswered issues: In his archives America, in the State of Illinois. and ensure that taxpayers are never speech, the President announced that By moving known terrorists to again on the hook to bail out big Wall approximately 75 of the detainees are American soil, the Obama administra- Street banks. We also passed Cash for ‘‘too dangerous for trial or release.’’ tion is putting international public re- Clunkers, which helped to jump-start They are to be held indefinitely with- lations ahead of public safety. How the U.S. auto industry and get new, out civil or military trial. does closing Guantanamo Bay make us cleaner cars on the road. And the It is illegal under our Constitution safer? How does moving over 70 known American Recovery and Reinvestment for the executive to hold a person in- terrorists to a facility in my beloved Act has invested in Main Street Amer- side the United States indefinitely heartland of this country make our ica, creating jobs and building infra- without trial. Question: How will the families safer? And how does it even structure projects. These projects will President suspend our Constitution’s make sense? serve their communities for decades to writ of habeas corpus once he brings Mr. President, rescind this order. Re- come. these 75 detainees to the heartland? consider your decision. Put the safety When the President took office in Courts will force him to answer, and and security of the American people January, the economy was shedding the American people should know right ahead of international public opinion. over 700,000 jobs a month. Last month, now. f there were 11,000 job losses. Every job loss is a tragedy, though; and that is f SUPPORT GLOBAL CLIMATE why we have been working to create AGREEMENT IN COPENHAGEN THE AMERICAN PEOPLE WANT jobs while we also extended unemploy- DEMOCRATIC SOLUTIONS (Mrs. CAPPS asked and was given ment benefits to those still seeking (Mr. YARMUTH asked and was given permission to address the House for 1 work. permission to address the House for 1 minute and to revise and extend her re- We are still turning America around, minute.) marks.) but in just 1 year we have come a long Mr. YARMUTH. Mr. Speaker, many Mrs. CAPPS. Mr. Speaker, the sci- way. in the media and some of our Repub- entific consensus about whether hu- f lican colleagues are trying to raise the mans are causing global warming is specter of 1994 when we are talking clear. Reports from the United Nations END THE WAR IN AFGHANISTAN about health care reform saying, oh, IPCC underscore the need for all coun- NOW the Democrats are going to lose con- tries to take action to reduce global (Mr. GRAYSON asked and was given trol of the House if they pass health warming pollution. permission to address the House for 1

VerDate Nov 24 2008 00:02 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.015 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14887 minute and to revise and extend his recently that showed what the feelings XX, the Chair will postpone further marks.) are and the effects of unemployment on proceedings today on motions to sus- Mr. GRAYSON. Mr. Speaker, I rise Americans. We’ve had 10 percent unem- pend the rules on which a recorded vote today in favor of peace. I am joined in ployment and many people that are or the yeas and nays are ordered, or on that by nearly 100,000 people who have long-term unemployed. The effects are which the vote incurs objection under signed a petition urging Congress to devastating. clause 6 of rule XX. stop the escalation of the war in Af- People who are unemployed are more Record votes on postponed questions ghanistan. This is the petition from likely not to have health insurance and will be taken later. the group Rethink Afghanistan. have difficulty and give up getting f President Obama has decided to send medical care. That costs the public more than 30,000 extra troops to Af- later with emergency room visits and AUTHORITY TO CONVERT CERTAIN ghanistan at a cost of more than $100 costs us more money. They have more OVERSEAS LIMITED APPOINT- billion a year, but America cannot af- problems with depression and anxiety, MENTS TO PERMANENT AP- ford a war that does not make us safer; and yet can’t afford medical treatment. POINTMENTS and Congress has the power to stop Again, problems arise. They have lost Mr. CUELLAR. Mr. Speaker, I move that escalation. Vote ‘‘no’’ on any their homes, neighborhoods suffer, to suspend the rules and pass the bill spending bill that would send more crime increases, neighborhood values (H.R. 1517) to allow certain U.S. Cus- troops to Afghanistan. decrease. toms and Border Protection employees I agree with that petition. It took The loss of jobs has hurt millions of who serve under an overseas limited only about 1,000 Special Forces troops Americans and others because of the appointment for at least 2 years, and to overthrow the Taliban in 2001. Why effects on the economy, on govern- whose service is rated fully successful would we need 100 times that many to ment, and on neighborhoods. But the or higher throughout that time, to be keep them out now? This occupation is people who have lost their jobs know converted to a permanent appointment an 18th-century strategy against a why they have lost their jobs. Twenty- in the competitive service, as amended. 14th-century enemy. six percent specifically say the reason The Clerk read the title of the bill. We have done enough to help and se- they’ve lost their jobs is because of The text of the bill is as follows: cure the Pashtuns, the Tajiks and the President Bush and the policies that H.R. 1517 Hazara. It’s about time we start to were brought about during the time he Be it enacted by the Senate and House of Rep- think of ourselves. Instead of spending was President. That is obvious. The resentatives of the United States of America in billions on the war, we need to spend it second largest group is Wall Street Congress assembled, on America. End the war now. bankers. We need to help the unem- SECTION 1. DEFINITIONS. f ployed. We need to find jobs. For purposes of this Act— (1) the term ‘‘Commissioner’’ means the DEMOCRATS ARE COMMITTED TO f Commissioner of U.S. Customs and Border JOBS PROGRAM WALL STREET REFORM PACKAGE Protection; (Mr. ELLISON asked and was given (2) the term ‘‘U.S. Customs and Border (Mr. WALZ asked and was given per- permission to address the House for 1 Protection’’ means U.S. Customs and Border mission to address the House for 1 minute and to revise and extend his re- Protection of the Department of Homeland minute and to revise and extend his remarks.) Security; Mr. ELLISON. Mr. Speaker, after marks.) (3) the term ‘‘competitive service’’ has the Mr. WALZ. Mr. Speaker, among the meaning given such term by section 2102 of nearly a decade of handing over middle speakers who have just addressed this title 5, United States Code; and class tax dollars to the wealthiest 1 House are a high school teacher, a (4) the term ‘‘overseas limited appoint- percent, after nearly a decade of policy nurse, a social worker, a small business ment’’ means an appointment under— that encouraged million-dollar CEO bo- owner, and a criminal prosecutor. And (A) subpart B of part 301 of title 5 of the nuses over raises for American work- Code of Federal Regulations, as in effect on they stood hand in hand for working ers, we are witnessing the results of January 1, 2008; or families on Main Street to restore re- nearly a decade of complete Republican (B) any similar antecedent or succeeding sponsibility and accountability to Wall control of the Federal Government. authority, as determined by the Commis- They handed President Obama and Street last week. sioner. After years of recklessness and un- this Congress two wars, hundreds of SEC. 2. AUTHORITY TO CONVERT CERTAIN OVER- checked greed that have now cost mil- SEAS LIMITED APPOINTMENTS TO billions of dollars in debt, crumbling lions their jobs, their homes, and their PERMANENT APPOINTMENTS. national infrastructure, a home mort- (a) IN GENERAL.—Notwithstanding chapter life savings, we finally passed long- gage crisis—one in eight mortgages in 33 of title 5, United States Code, or any other overdue commonsense reforms. These default or foreclosure—a global climate provision of law relating to the examination, reforms protect investors and con- crisis, and a financial sector ravaged certification, and appointment of individuals sumers from the excesses of those who by greed and lax regulation. in the competitive service, the Commis- In short, this greatest economic and will gamble other people’s hard-earned sioner may convert an employee serving money and closed loopholes in existing under an overseas limited appointment with- financial crisis since the Great Depres- in U.S. Customs and Border Protection to a sion should be called the ‘‘Republican laws. They bring about an end to taxpayer bailouts and a belief that a firm permanent appointment in the competitive recession.’’ And then, they handed it service within U.S. Customs and Border Pro- is too big to fail. all off to President Obama and now tection, if— Financial markets work best when have the audacity to ask, Where are (1) as of the time of conversion, the em- they are transparent, allowing inves- the jobs? Well, the jobs are coming. ployee has completed at least 2 years of cur- tors to make smart decisions and our The jobs are being built right now be- rent continuous service under 1 or more capital system to flourish; but they cause Democrats are focusing on jobs. overseas limited appointments; and also require cops on the beat to protect (2) the employee’s performance has, Democrats are committed to a jobs consumers from fraud and abuse. The throughout the period of continuous service program that talks about our infra- Wall Street reform package we passed referred to in paragraph (1), been rated at structure, retaining public employees, strengthens our markets and our least fully successful or the equivalent. and building America’s future again. An employee whose appointment is con- economies, giving people confidence f verted under the preceding sentence acquires again to invest in America and our competitive status upon conversion. WE NEED TO HELP THE growth towards prosperity. (b) INDEMNIFICATION AND PRIVILEGES.— UNEMPLOYED f (1) INDEMNIFICATION.—The United States (Mr. COHEN asked and was given per- shall, in the case of any individual whose ap- b 1045 pointment is converted under subsection (a), mission to address the House for 1 indemnify and hold such individual harmless minute and to revise and extend his re- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE from any claim arising from any event, act, marks.) or omission— Mr. COHEN. Mr. Speaker, The New The SPEAKER pro tempore (Mr. (A) that arises from the exercise of such in- York Times and CBS released a poll re- DRIEHAUS). Pursuant to clause 8 of rule dividual’s official duties, including by reason

VerDate Nov 24 2008 00:02 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.017 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14888 CONGRESSIONAL RECORD — HOUSE December 15, 2009 of such individual’s residency status, in the term appointment by the Immigration Protection employees to be converted to a foreign country in which such individual re- and Naturalization Service. permanent appointment in the competitive sides at the time of conversion, Some of those workers have been em- service. (B) for which the individual would not have ployed, Mr. Speaker, since 1987, with I appreciate your effort to consult with the been liable had the individual enjoyed the Committee on Oversight and Government same privileges and immunities in the for- the majority hired in the mid-1990s. Reform regarding those provisions of H.R. eign country as an individual who either was Mr. Speaker, they have been, for the 1517 that fall within the Oversight Commit- a permanent employee, or was not a perma- most part, treated the same way as tee’s jurisdiction. nent resident, in the foreign country at the other CBP officers and personnel, re- Given the importance of moving this bill time of the event, act, or omission involved, gardless of their initial appointment forward promptly, I do not intend to object and status. However these employees, these to its consideration in the House. However, I (C) that occurs before, on, or after the date hardworking employees, unbeknownst do so only with the understanding that this of the enactment of this Act, to them, were in personnel limbo for procedure should not be construed to preju- including any claim for taxes owed to the the past 15 years to 20 years and were dice this Committee’s jurisdictional interest foreign country or a subdivision thereof. or prerogatives in the subject matter of H.R. (2) SERVICES AND PAYMENTS.— not covered by the protections and im- 1517, or any other similar legislation. (A) IN GENERAL.—In the case of any indi- munities afforded to permanent CBP I would also request your support for the vidual whose appointment is converted under employees engaged in similar work. appointment of conferees from the Oversight subsection (a), the United States shall pro- This personnel situation was initially Committee should H.R. 1517 or a similar Sen- vide to such individual (including any de- brought to the employees’ attention in ate bill be considered in conference with the pendents) services and monetary payments— 2005. Since then, the CBP, OPM, and Senate. (i) equivalent to the services and monetary the Department of State have been try- Finally, I request that you include our ex- payments provided to other Customs and ing to fix this glitch, but they realize change of letters on this matter in the Con- Border Protection employees in similar posi- gressional Record during consideration of tions (and their dependents) in the same that they need the help of Congress. this legislation on the House floor. country of assignment by international This is why H.R. 1517 will give the CBP Sincerely, agreement, an exchange of notes, or other Commissioner the authority to non- EDOLPHUS TOWNS, diplomatic policy; and competitively convert these 35 employ- Chairman. (ii) for which such individual (including ees to full-time permanent civil service any dependents) was not eligible by reason of positions. HOUSE OF REPRESENTATIVES, such individual’s overseas limited appoint- Doing so would not only ensure that COMMITTEE ON HOMELAND SECURITY, ment. these employees continue to receive Washington, DC, December 2, 2009. (B) APPLICABILITY.—Services and payments their appropriate benefits but also will Hon. EDOLPHUS TOWNS, under this paragraph shall be provided to an Chairman, Committee on Oversight and Govern- individual (including any dependents) to the provide them with the protections they ment Reform, House of Representatives, same extent and in the same manner as if deserve as dedicated employees serving Rayburn House Office Building, Wash- such individual had held a permanent ap- the CBP mission abroad. This ability ington, DC. pointment in the competitive service to convert these employees will also DEAR CHAIRMAN TOWNS: Thank you for throughout the period described in sub- ensure that CBP and that the United your letter regarding H.R. 1517, a bill to section (a)(1). The preceding sentence shall, States honor the agreements between allow certain U.S. Customs and Border Pro- in the case of any individual, be effective as our countries and others such as Ire- tection employees to be converted to a per- of the first day of the period described in manent appointment in the competitive subsection (a)(1) with respect to such indi- land. Going forward, it is our hope that the service, introduced by Congressman Eliot L. vidual. Engel on March 16, 2009. (c) GUIDANCE ON IMPLEMENTATION.—The Commissioner will take the past his- I acknowledge that H.R. 1517 contains pro- Commissioner shall implement the conver- tories of these dedicated 35 individuals visions within the jurisdictional interest of sion of an employee serving under an over- into account when determining their the Committee on Oversight and Govern- seas limited appointment to a permanent ap- future. As I had mentioned, through no ment Reform. I appreciate your agreement pointment in the competitive service in a fault of their own, these employees find to forgo further consideration or action on manner that— themselves in this very difficult situa- this legislation to ensure the timely consid- (1) meets the operational needs of the U.S. eration of this legislation, and acknowledge Customs and Border Protection; and tion. Other employees assigned to work that your decision to do so does not affect (2) to the greatest extent practicable, is the jurisdiction of the Committee on Over- not disruptive to the employees affected overseas rotate back to the U.S. after a sight and Government Reform. under this Act. period of time. The majority of these Further, I recognize that your Committee The SPEAKER pro tempore. Pursu- employees affected by the bill, how- reserves the right to seek appointment of ant to the rule, the gentleman from ever, have been at their posts for many conferees on the bill for the portions of the Texas (Mr. CUELLAR) and the gen- years and have put down roots in these bill that are within the jurisdiction of the tleman from Alabama (Mr. ROGERS) locations. Committee on Oversight and Government each will control 20 minutes. In light of these employees’ unique Reform, and I agree to support such a re- The Chair recognizes the gentleman circumstances, the bill provides guid- quest. ance to the Commissioner, stating that I will ensure that this exchange of letters from Texas. is included in the legislative report on H.R. GENERAL LEAVE the implementation of the bill shall, 1517 and in the Congressional Record during Mr. CUELLAR. Mr. Speaker, I ask number one, meet the operational floor consideration of the bill. I look forward unanimous consent that all Members needs of CBP and, number two, to the to working with you on this legislation and may have 5 legislative days in which to greatest extent practicable, not be dis- other matters of great importance to this revise and extend their remarks and in- ruptive to this discrete number of af- nation. sert extraneous materials on the bill fected employees. Sincerely, In our attempt to right the system, BENNIE G. THOMPSON, that is under consideration. Chairman. The SPEAKER pro tempore. Is there CBP should not unduly disrupt the objection to the request of the gen- lives of these dedicated individuals who Mr. Speaker, I reserve the balance of tleman from Texas? have provided a very valuable service my time. There was no objection. to our country. Mr. ROGERS of Alabama. Mr. Speak- Mr. CUELLAR. Mr. Speaker, I rise in HOUSE OF REPRESENTATIVES, COM- er, I yield myself such time as I may support of this bill and yield myself MITTEE ON OVERSIGHT AND GOV- consume. such time as I may consume. ERNMENT REFORM, Mr. Speaker, I rise in support of H.R. H.R. 1517 would help fix a previous Washington, DC, December 2, 2009. 1517 to correct the hiring status of ap- hiring error for a select number of em- Hon. BENNIE THOMPSON, proximately 30 Customs and Border ployees serving oversees in positions Chairman, Committee on Homeland Security, Protection officers stationed overseas for Customs and Border Protection. Ford House Office Building, Washington, under the wrong hiring appointments. DC. Through no fault of their own, there DEAR CHAIRMAN THOMPSON: I am writing to I appreciate the opportunity to stand are about 35 employees in several CBP confirm our mutual understanding with rein support of this legislation in the pre-clearance locations across the spect to the consideration of H.R. 1517, a bill place of Ranking Member PETER KING, globe that were hired under a limited to allow certain U.S. Customs and Border the Republican sponsor of the bill.

VerDate Nov 24 2008 00:02 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.009 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14889 H.R. 1517 grants special authority to ing on overseas limited appointments The SPEAKER pro tempore. The the Commissioner of Customs and Bor- into permanent employees. The need time of the gentleman has expired. der Protection to noncompetitively for this legislation was brought to my Mr. CUELLAR. I yield an additional convert about 30 CBP employees mis- attention by 15 U.S. CBP employees 1 minute to the gentleman from New takenly hired under an overseas lim- serving at pre-clearance centers in Ire- York. ited deployment to permanent status land, who were incorrectly hired by the Mr. ENGEL. I thank the gentleman. stationed at the overseas pre-inspec- Immigration and Naturalization Serv- This is a bipartisan bill. I repeat: It is tion posts. ice. These employees were hired on supported by the U.S. Customs and CBP operates pre-clearance stations overseas temporary appointments, but Border Protection and the National at 15 foreign airports where travelers the work requirement evolved into a Treasury Employees Union, which rep- to the U.S. are able to undergo entry permanent basis. resents the employees. Each has had inspections before boarding their There are two ways for a Federal the opportunity for input into the final planes. This initiative facilitates trav- agency to fill permanent overseas posi- legislation. el while adding an important security tions: one, by hiring locally engaged I would strongly encourage my col- benefit. staff or, two, by U.S. direct hire. Yet leagues to join with me in support, Unfortunately, this hiring error, if because an agreement between the again, of this bipartisan legislation. not addressed, could force these em- United States and Ireland requires that Continued employment of these indi- ployees to transition into locally hired all pre-clearance employees be perma- viduals is in the best interest of CBP staff, much like Foreign Service na- nent employees, and, by definition, em- and the best interest of our country as tionals at embassies, or to return to ployees on overseas appointments are the work requirement remains, and it’s the United States and compete for do- limited employees, albeit it in this critical to CBP protecting our Nation’s mestic CBP positions. Through no fault case limited for an indefinite duration, borders. Mr. ROGERS of Alabama. Mr. Speak- of their own these employees are now CBP is technically in violation of the er, I have no additional speakers. At facing the problems with their employ- two countries’ agreement. this time I would urge Members to sup- ment status due to a mistake made More troubling to me, the 15 employees on overseas limited appointments port the bill. years ago when they were initially I yield back the balance of my time. hired. The Congressional Budget Office are not covered by the protections and Mr. CUELLAR. Mr. Speaker, I yield analysis shows no significant impact immunities afforded by the agreement myself such time as I may consume. from this legislation, as these are ex- to permanent U.S. pre-clearance em- Mr. Speaker, I encourage my col- isting employees who only need a cat- ployees. leagues to support this important leg- Later, I learned the number of em- egory adjustment to their employment islation that Mr. ENGEL has been work- records. ployees in similar positions included ing on, along with the ranking mem- over 30 other CBP employees in Aruba, I would like to highlight and express ber, Mr. PETER KING of New York. This appreciation for the bipartisan manner the Bahamas, Bermuda, and Canada. It is a piece of legislation that will help in which this legislation was developed. has been through no fault of their own those employees that have been work- Congressman ENGEL and Ranking that these loyal employees, some of ing for our country. I would ask all Member KING worked together to de- whom have been protecting our coun- Members to support this important leg- velop this bill, and both Chairwoman try for almost 20 years, are now in islation. SANCHEZ and Chairman THOMPSON limbo. Ms. RICHARDSON. Mr. Speaker, as a sponsored this bill as it moved unani- Without this legislation, they will ei- member of the Homeland Security Committee, mously through our committee. ther have to become locally engaged I rise today in strong support of H.R. 1517. I urge my colleagues to support this staff, who are compensated by and re- This legislation will allow certain U.S. Customs bill. ceive benefits from the Irish govern- and Border Protection employees who serve I reserve the balance of my time. ment, or be placed into competitive po- under an overseas limited appointment for at Mr. CUELLAR. Mr. Speaker, I yield 4 sitions that will require a return to the least 2 years, and whose service is rated fully minutes to the gentleman from New U.S. Some of them have families and successful or higher throughout that time, to York (Mr. ENGEL) who is the author of have been living in Ireland working for be converted to a permanent appointment in this bill and has been working with the the U.S. as American citizens, a choice the competitive service. ranking member, Mr. KING of New that would destroy an established way I would like to acknowledge Speaker PELOSI York. of life in Ireland if they were forced to and Chairman THOMPSON for their leadership Mr. ENGEL. I thank the gentleman, come to the United States, or a career in bringing this important bill to the floor. I my good friend from Texas, for yielding with the U.S. Customs and Border Pro- would also like to thank my colleague Con- to me. I appreciate the comments made tection. They would have to choose, gressman ENGEL, who worked so hard author- by Mr. ROGERS as well. and that’s not right. This was done ing this important legislation. Mr. Speaker, this bill rights a wrong. through no fault of their own. Mr. Speaker, H.R. 1517 would correct a It’s a very technical bill, but the bot- This bill, H.R. 1517, would allow these longstanding classification problem among a tom line is that 35 loyal and hard- employees to stay close to their fami- small group of Customs and Border personnel working Federal employees stationed lies and keep their positions protecting that were hired before DHS was created. overseas, working for America, are our country. These 35 people are working overseas, mostly being treated unfairly, and the bill cor- I would like to applaud the Homeland in Ireland, and need to be properly classified rects this. When I was in Ireland at the Security Committee for including lan- as CBP staff. I am pleased that the Homeland Customs post, I had a chance to speak guage encouraging the CBP Commis- Security Committee has taken action to cor- with some of these employees, and I be- sioner not to be too disruptive to the rect this problem and that this bill has come came convinced that they were not employees when implementing this leg- before the full Congress today. being treated fairly. islation. I recognize the standard CBP I support H.R. 1517 because it is an effi- I rise today in support of my legisla- policy is for employees serving at over- cient fix to this classification issue. Our Cus- tion, H.R. 1517, for the conversion of seas positions to rotate back to the toms and Border personnel work so hard certain overseas Customs and Border United States after 5 years. However, every day to keep us safe, and they deserve Protection employees. I would also like in this extreme circumstance, it would prompt action by this body to correct any to give special recognition to my col- be best for the CBP to allow the em- problems in classification that could prevent league and friend, Representative ployees to continue to serve where them from receiving any appointments they PETER KING of New York, for the hard they are currently with the years of ex- may deserve. work that he has put into this legisla- perience they bring to their positions. Mr. Speaker, I urge my colleagues to join tion as well. Let me say in closing, H.R. 1517 is a me in supporting H.R. 1517. H.R. 1517 would grant the Commis- bipartisan bill. It is supported by the Mr. CUELLAR. I yield back the bal- sioner of the U.S. Customs and Border U.S. Customs and Border Protection ance of my time. Protection the authority to non- and the National Treasury Employees The SPEAKER pro tempore. The competitively convert employees serv- Union, which represents the employees. question is on the motion offered by

VerDate Nov 24 2008 02:16 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.020 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14890 CONGRESSIONAL RECORD — HOUSE December 15, 2009 the gentleman from Texas (Mr. The Chair recognizes the gentleman H.R. 3978, which I introduced last CUELLAR) that the House suspend the from Texas. month, ensures that first responders rules and pass the bill, H.R. 1517, as GENERAL LEAVE who train at East Alabama’s Center for amended. Mr. CUELLAR. Mr. Speaker, I ask Domestic Preparedness have access to The question was taken. unanimous consent that all Members even better training resources. As The SPEAKER pro tempore. In the may have 5 legislative days with which many here know, the Center for Do- opinion of the Chair, two-thirds being to revise and extend their remarks and mestic Preparedness, located in my in the affirmative, the ayes have it. insert extraneous materials on the bill district in Anniston, Alabama, delivers Mr. CUELLAR. Mr. Speaker, I object under consideration. one-of-a-kind training to America’s to the vote on the ground that a The SPEAKER pro tempore. Is there emergency responders. It’s our Na- quorum is not present and make the objection to the request of the gen- tion’s premier all-hazards training cen- point of order that a quorum is not tleman from Texas? ter. It’s also the only federally char- present. There was no objection. tered weapons of mass destruction The SPEAKER pro tempore. Pursu- Mr. CUELLAR. Mr. Speaker, I rise in training center in the Nation. Respond- ant to clause 8 of rule XX and the support of this bill and yield myself ers from all 50 States, the District of Chair’s prior announcement, further such time as I may consume. Columbia, and the U.S. territories have proceedings on this motion will be Mr. Speaker, I rise today in strong trained at the CDP. In fact, this year postponed. support of H.R. 3978, which is sponsored the CDP celebrated its 500,000th grad- The point of no quorum is considered by my friend from Alabama (Mr. ROG- uate. withdrawn. ERS). I am pleased to serve with Mr. Like other first responder training f ROGERS on the Emergency Communica- centers, often the CDP receives offers tions, Preparedness, and Response Sub- of donations, such as railcars, trailers, FIRST RESPONDER ANTI-TER- committee. He is the ranking member and emergency response equipment, to RORISM TRAINING RESOURCES and works with us in a very bipartisan assist their training courses. However, ACT manner. I thank him for his service. since the CDP’s activities are con- Mr. CUELLAR. Mr. Speaker, I move Mr. ROGERS’ district is home to the ducted under the 9/11 Act of 2007 rather to suspend the rules and pass the bill Center For Domestic Preparedness. It than the Stafford Act, the CDP lacks (H.R. 3978) to amend the Implementing is the premier training site for our Na- the legal authority to accept donations Recommendations of the 9/11 Commis- tion’s first responders, and it is the De- that could further training resources. sion Act of 2007 to authorize the Sec- partment of Homeland Security’s only My bill fixes that problem. It amends retary of Homeland Security to accept federally chartered weapons of mass the 9/11 Act so that the CDP may ac- and use gifts for otherwise authorized destruction training center. cept donations of property and services activities of the Center for Domestic DHS has facilitated training at the for antiterrorism and training activi- Preparedness that are related to pre- center for thousands of first responders ties. It’s a win-win for our first re- paredness for and response to ter- from all 50 States, territories and the sponders, the taxpayer, and this impor- rorism, and for other purposes. District of Columbia. Given the cen- tant east Alabama training facility. The Clerk read the title of the bill. ter’s prominence in the first respond- I would like to thank my good friend The text of the bill is as follows: ers’ community, it often receives offers from Texas (Mr. CUELLAR) for sup- H.R. 3978 of gifts and donations from a variety of porting this bill and holding a markup Be it enacted by the Senate and House of Rep- sources. These donations and services in the subcommittee last month. I resentatives of the United States of America in include training, displays, emergency would also like to thank the full com- Congress assembled, response equipment, and offers of guest mittee chairman, Mr. THOMPSON, for SECTION 1. SHORT TITLE. lectures. holding a markup in the full com- This Act may be cited as the ‘‘First Re- mittee. b 1100 sponder Anti-Terrorism Training Resources I urge my colleagues to support this Act’’. These donations and gifts would important measure. SEC. 2. ACCEPTANCE OF GIFTS FOR FIRST RE- strengthen the center’s ability to offer Mr. Speaker, I have no further re- SPONDER TERRORISM PREPARED- high-quality emergency response train- quests for time, and I yield back the NESS AND RESPONSE TRAINING. ing. balance of my time. Section 1204 of the Implementing Rec- Unfortunately, the center currently ommendations of the 9/11 Commission Act of Mr. CUELLAR. Mr. Speaker, I yield 2007 (6 U.S.C. 1102) is amended by adding at lacks the legal authority at this time myself such time as I may consume. the end the following new subsection: to accept these types of services. H.R. Mr. Speaker, I encourage my col- ‘‘(f) ACCEPTANCE OF GIFTS.— 3978 will permit the Secretary of Home- leagues to support this important ‘‘(1) AUTHORITY.—Notwithstanding section land Security to accept and use gifts Homeland Security legislation. The 873(b) of the Homeland Security Act of 2002 (6 for otherwise authorized activities of gentleman from Alabama has worked U.S.C. 453(b)), the Secretary may accept and the Center for Domestic Preparedness very hard, has been very dedicated in use gifts of property, both real and personal, that are related to preparedness for this piece of legislation, and I would and may accept gifts of services, including and in response to terrorism. from guest lecturers, for otherwise author- ask all my colleagues to support this ized activities of the Center for Domestic The legislation further directs DHS important legislation. Preparedness that are related to prepared- to report annually to the Congress on Mr. Speaker, I yield back the balance ness for and response to terrorism. any gifts that were accepted in the pre- of my time. ‘‘(2) REPORT.—The Secretary shall report ceding year and how they have contrib- The SPEAKER pro tempore. The annually to the Committee on Homeland Se- uted to the center’s mission. Other question is on the motion offered by curity of the House of Representatives and DHS-supported training centers are the gentleman from Texas (Mr. the Committee on Homeland Security and permitted to accept gifts and dona- CUELLAR) that the House suspend the Governmental Affairs of the Senate— tions, and it is past due to give the rules and pass the bill, H.R. 3978. ‘‘(A) any gifts that were accepted under this subsection in the preceding year; Center for Domestic Preparedness the The question was taken. ‘‘(B) how such gifts contribute to the mis- same authority. The SPEAKER pro tempore. In the sion of the Center for Domestic Prepared- I urge all my colleagues to support opinion of the Chair, two-thirds being ness; and H.R. 3978. in the affirmative, the ayes have it. ‘‘(C) the amount of Federal savings that Mr. Speaker, I reserve the balance of Mr. CUELLAR. Mr. Speaker, I object were generated from the acceptance of such my time. to the vote on the ground that a gifts.’’. Mr. ROGERS of Alabama. Mr. Speak- quorum is not present and make the The SPEAKER pro tempore. Pursu- er, I yield myself such time as I may point of order that a quorum is not ant to the rule, the gentleman from consume. present. Texas (Mr. CUELLAR) and the gen- Mr. Speaker, I rise today in strong The SPEAKER pro tempore. Pursu- tleman from Alabama (Mr. ROGERS) support of the First Responder Anti- ant to clause 8 of rule XX and the each will control 20 minutes. Terrorism Training Resources Act. Chair’s prior announcement, further

VerDate Nov 24 2008 04:29 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.022 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14891 proceedings on this motion will be (1) honors the 50th anniversary of ‘‘Kind of living musician from that historic re- postponed. Blue’’ and recognizes the unique contribu- cording, this gives us a chance and an The point of no quorum is considered tion the album has made to American jazz; opportunity to understand what this withdrawn. (2) directs the Clerk of the House of Rep- contribution to music means to the resentatives to transmit enrolled copies of f this resolution to Columbia Records; American cultural scene. Jazz is celebrated all over the world. PRIVILEGED REPORT ON RESOLU- (3) encourages the United States Govern- I introduced a concurrent resolution on TION OF INQUIRY TO SEC- ment to take all appropriate steps to pre- jazz, H. Con. Res. 57—I have forgotten RETARY OF HOMELAND SECU- serve and advance the art form of jazz music; (4) recommits itself to ensuring that musi- what year now, but it was passed in RITY cal artists such as Miles Davis and his Sextet both the House and the Senate—and it Mr. CUELLAR, from the Committee receive fair protection under the copyright celebrated this contribution, this musi- on Homeland Security, submitted a laws of the United States for their contribu- cal contribution that’s been appre- tions to culture in the United States; and privileged report (Rept. No. 111–377) on ciated, reinterpreted all over the world. the resolution (H. Res. 922) directing (5) reaffirms the status of jazz as a national treasure. Whenever and wherever I travel, I al- the Secretary of Homeland Security to ways try to locate the musicians, transmit to the House of Representa- The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from whether it’s in Norway or Jamaica or tives all information in the possession Germany. This music is still going on Michigan (Mr. CONYERS) and the gen- of the Department of Homeland Secu- and it’s something that we celebrate, rity relating to the Department’s plan- tleman from Texas (Mr. SMITH) each will control 20 minutes. and I’m glad to bring before the House ning, information sharing, and coordi- today this resolution, 894, for passage. nation with any state or locality re- The Chair recognizes the gentleman from Michigan. Mr. Speaker, I reserve the balance of ceiving detainees held at Naval Sta- my time. tion, Guantanamo Bay, Cuba on or GENERAL LEAVE Mr. CONYERS. Mr. Speaker, I ask Mr. SMITH of Texas. Mr. Speaker, I after January 20, 2009, which was re- yield myself such time as I may con- ferred to the House Calendar and or- unanimous consent that all Members have 5 legislative days to revise and ex- sume. dered to be printed. Mr. Speaker, I support Chairman f tend their remarks and include extraneous material on the resolution under CONYERS’ sponsorship of House Resolu- HONORING 50TH ANNIVERSARY OF consideration. tion 894, which honors the 50th anniver- THE RECORDING OF ‘‘KIND OF The SPEAKER pro tempore. Is there sary of the album ‘‘Kind of Blue’’ and BLUE’’ objection to the request of the gen- reaffirms jazz as a national treasure. I thank Chairman CONYERS for his Mr. CONYERS. Mr. Speaker, I move tleman from Michigan? excellent work over many years to to suspend the rules and agree to the There was no objection. honor and support jazz not only in resolution (H. Res. 894) honoring the Mr. CONYERS. Mr. Speaker, I yield music halls but in the Halls of Con- 50th anniversary of the recording of the myself such time as I may consume. album ‘‘Kind of Blue’’ and reaffirming Today we honor Miles Davis, the gress. In 1987, Chairman CONYERS’ House jazz as a national treasure. trumpet player, and his sextet, recog- The Clerk read the title of the resolu- nizing the 50th year of the recording of Concurrent Resolution 57 designated tion. one of the legendary jazz tunes, one of jazz a national American treasure. The text of the resolution is as fol- the most important too of the 20th cen- Taking its name from this resolution, lows: tury, that was an album called ‘‘Kind the HR–57 Center for the Presentation H. RES. 894 of Blue.’’ It was recorded in New York, of Jazz and Blues later established itself on 14th Street in Washington, Whereas, on August 17, 1959, Miles Davis, a Manhattan church turned recording Jimmy Cobb, Bill Evans, Wynton Kelly, Paul studio—and there were six other people D.C., to educate aspiring musicians on Chambers, John Coltrane, and Julian ‘‘Can- with Miles Davis: John Coltrane; Ju- the history and culture of jazz and nonball’’ Adderley collaborated to record the lian ‘‘Cannonball’’ Adderley; Bill Evans blues. album ‘‘Kind of Blue’’; and Wynton Kelly, pianists; Paul In 1990, Chairman CONYERS won pas- Whereas ‘‘Kind of Blue’’ ranks 12th on the Chambers, bass; Jimmy Cobb, the sage of appropriations legislation list of the ‘‘500 Greatest Albums of All Time’’ drummer—and made musical history awarding the Smithsonian Institute published by Rolling Stone magazine; and changed the artistic landscape of with funding to establish a comprehen- Whereas ‘‘Kind of Blue’’ was recorded in sive jazz program, including the Smith- 1959, the year Columbia Records declared this country and in some ways the ‘‘jazz’s greatest year’’; world. sonian Jazz Masterworks Orchestra. Whereas ‘‘Kind of Blue’’ marked the begin- At the Congressional Black Caucus Chairman CONYERS has long sup- ning of the mass popularity of jazz in the event this past September, we honored ported efforts to present live jazz to United States; the only living artist of that recording the public in Washington, D.C. He has Whereas in 2008, the Recording Industry date, Jimmy Cobb, the drummer, who served on the board of directors of such Association of America awarded ‘‘Kind of was there and who performed, as a organizations as Capital City Jazz Fes- Blue’’ quadruple-platinum status, meaning matter of fact. It was a great time for tivals, Inc., the National Jazz Service 4,000,000 copies of the album had been sold; Organization, and the Rhythm and Whereas in 2002, the Library of Congress a great event that occurred 50 years added ‘‘Kind of Blue’’ to the National Re- ago. Blues Foundation. His love of jazz is cording Registry; The reason that it was great was that shared by many. Jazz is an historic Whereas ‘‘Kind of Blue’’ was recognized as each one of these artists—Coltrane, American creation, and as such, it cer- the bestselling record in the history of jazz; Adderley, Davis, Bill Evans, Wynton tainly should be honored and supported Whereas 50 years after the release of ‘‘Kind Kelly, Paul Chambers, and Jimmy by Congress today. of Blue’’, MOJO magazine honored the Leg- Cobb—all became musical leaders in This year marks the 50th anniversary acy Edition of the album by giving it the their own right. And they were experi- of the famous jazz album ‘‘Kind of ‘‘Best Catalogue Release of the Year’’ award; menting with what was once called Blue.’’ On August 17, 1957, Miles Davis Whereas ‘‘Kind of Blue’’ both redefined the and his ensemble sextet collaborated to concept of jazz for musicians and changed bebop, now progressive jazz, and some the perceptions of jazz held by many fans; went on to modal jazz, which I’m still record ‘‘Kind of Blue.’’ This album pop- Whereas today, the sole surviving member finding out what that’s all about. ularized jazz like never before. It led of the Miles Davis Sextet, Jimmy Cobb, is They’d usually take chords of a song, Columbia Records to declare 1959 as performing and touring with his So What sometimes a ballad or a popular song, ‘‘jazz’s greatest year.’’ Today, ‘‘Kind of Band in tribute to the 50th anniversary of and then substitute chords, and then Blue’’ is recognized as the best-selling ‘‘Kind of Blue’’; and you’d get this creative improvisation jazz album of all time. Its influence on Whereas ‘‘Kind of Blue’’ continues to be of what their interpretation of a song music beyond jazz alone has led music the standard masterpiece of jazz for Amer- writers to view it as one of the most in- ican musicians and audiences: Now, there- means to them. And that’s what mod- fore, be it ern jazz is, of course, all about. fluential albums ever. In 2002, it was Resolved, That the House of Representa- So with the event that the Congres- one of 50 recordings chosen by the Li- tives— sional Black Caucus had with the only brary of Congress to be added to the

VerDate Nov 24 2008 02:16 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.025 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14892 CONGRESSIONAL RECORD — HOUSE December 15, 2009 National Recording Registry. In 2003, cultural achievement, one that the HUMAN RIGHTS ENFORCEMENT ‘‘Kind of Blue’’ was ranked No. 12 on world holds dear and respects America ACT OF 2009 Rolling Stone magazine’s list of the 500 for. The appreciation of jazz is an art Mr. CONYERS. Mr. Speaker, I move greatest albums of all time. form that is being lost to our students. to suspend the rules and pass the bill One reviewer called ‘‘Kind of Blue’’ a It is one that needs to be taught in our (S. 1472) to establish a section within defining moment of 20th century schools and that needs to be main- the Criminal Division of the Depart- music. Ashley Kahn, the author of the tained as a living and breathing expres- ment of Justice to enforce human book ‘‘Kind of Blue: The Making of a sion of the American art industry. rights laws, to make technical and con- Miles Davis Masterpiece,’’ called it Mr. CONYERS. Mr. Speaker, I yield forming amendments to criminal and ‘‘the premier album of its era, jazz or myself 1 minute merely to say that I immigration laws pertaining to human otherwise.’’ Pianist Chick Corea, one of appreciate the gentleman from Ten- rights violations, and for other pur- Miles Davis’ acolytes, said, ‘‘It’s one nessee because an earlier jazz started poses. thing to just play a tune or play a pro- in his State, in Memphis and in Nash- The Clerk read the title of the bill. gram of music, but it’s another thing ville. The roots of it were embedded in The text of the bill is as follows: to practically create a new language of the modern jazz of the music that we music, which is what ‘Kind of Blue’ S. 1472 reaffirm today as a national treasure. Be it enacted by the Senate and House of Rep- did.’’ Before I yield back the balance of my As a distinctly American language of resentatives of the United States of America in time, because I studied music as a music, jazz is rightfully honored by Congress assembled, young person, I owe these musicians a SECTION 1. SHORT TITLE. Chairman CONYERS’ resolution today. debt of gratitude because it was they This Act may be cited as the ‘‘Human So it is with great pleasure that I join who recommended that I go to law Rights Enforcement Act of 2009’’. him in supporting this resolution, and school, so I am grateful to them for SEC. 2. SECTION TO ENFORCE HUMAN RIGHTS I urge our colleagues to support the helping my career. LAWS. resolution as well. (a) REPEAL.—Section 103(h) of the Immi- Mr. Speaker, I have no further re- Mr. JOHNSON of Georgia. Mr. Speaker, I gration and Nationality Act (8 U.S.C. 1103(h)) quests for time, and I yield back the rise today to applaud the actions of the House is repealed. balance of my time. in recognizing the 50th anniversary of Miles (b) SECTION TO ENFORCE HUMAN RIGHTS Davis’ ground breaking recording, Kind of LAWS.—Chapter 31 of title 28, United States b 1115 Blue. I would also like to thank Representative Code, is amended by inserting after section Mr. CONYERS. Mr. Speaker, I yield CONYERS for his spirited commitment to pre- 509A the following: as much time as he may consume to serving the American art form known as jazz. ‘‘§ 509B. Section to enforce human rights laws one of the people who knows a little I urge my colleagues to support this important ‘‘(a) Not later than 90 days after the date of about this music and who has come a resolution. the enactment of the Human Rights Enforce- long way from Memphis, Tennessee. He Mr. Speaker, 50 years ago, Miles Davis ment Act of 2009, the Attorney General shall is the distinguished gentleman from brought together six gifted musicians, Bill establish a section within the Criminal Divi- Tennessee (Mr. COHEN). sion of the Department of Justice with re- Evans, Cannonball Adderley, Paul Chambers, sponsibility for the enforcement of laws Mr. COHEN. I thank the chairman. John Coltrane, Wynton Kelly, and Jimmy Mr. Speaker, we all start as a tabula against suspected participants in serious Cobb. These men, who we now revere as jazz human rights offenses. rasa in all areas of life. Then we grow, legends, under Davis’ lead, fashioned the best ‘‘(b) The section established under sub- and we have the opportunity to learn. selling jazz album of all time. It is no wonder section (a) is authorized to— In my fewer number of years here on that Kind of Blue is ranked as the 12th great- ‘‘(1) take appropriate legal action against Earth than the chairman, I have est albums of all time by Rolling Stone Maga- individuals suspected of participating in se- learned quite a bit about jazz myself. zine. Selling more than 4 million copies to rious human rights offenses; and ‘‘(2) coordinate any such legal action with It has been my honor to have friends date, Kind of Blue changed the shape of jazz who have been involved in jazz in Mem- the United States Attorney for the relevant through the buzz of Davis’ trumpet and his jurisdiction. phis—particularly, the late Phineas focus on musical modes. The album’s influ- Newborn, Jr., who was a great pianist, ‘‘(c) The Attorney General shall, as appro- ence on popular music throughout the years priate, consult with the Secretary of Home- one of the great jazz pianists of all cannot be overstated. Musicians including land Security and the Secretary of State. time. He was a Memphian, and he was Quincy Jones, Duane Allman, Q-tip, and Pink ‘‘(d) In determining the appropriate legal known by jazz musicians all over the Floyd have cited the jazz standards of Kind of action to take against individuals who are world as a great jazz pianist. Others Blue as a musical inspiration, and as a musi- suspected of committing serious human have come from Memphis and have rights offenses under Federal law, the sec- cian, I was also inspired by the stylistic melo- tion shall take into consideration the avail- gone to New York, which is oftentimes dies of Kind of Blue. where jazz is played. ability of criminal prosecution under the Marvin Stamm, a great flugelhorn Mr. Speaker, as Kind of Blue continues to laws of the United States for such offenses or in a foreign jurisdiction that is prepared to player, performed with different or- introduce listeners around the world to jazz music and the genius of Miles Davis, let us undertake a prosecution for the conduct that chestras throughout the country as a forms the basis for such offenses. Memphian. He went to North Texas not forget the importance of jazz education and music appreciation. ‘‘(e) The term ‘serious human rights of- State University for his education fenses’ includes violations of Federal crimi- Mr. CONYERS. I yield back the bal- where he got a degree in jazz band, nal laws relating to genocide, torture, war which is one of the few places in the ance of my time, Mr. Speaker. crimes, and the use or recruitment of child The SPEAKER pro tempore. The world, Mr. SMITH’s State, that has jazz soldiers under sections 1091, 2340, 2340A, 2441, band distinction. question is on the motion offered by and 2442 of title 18, United States Code.’’. In New York, there are Bradley’s, the gentleman from Michigan (Mr. (c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 31 of the Village Vanguard and all of those won- CONYERS) that the House suspend the rules and agree to the resolution, H. title 28, United States Code, is amended by derful places where you historically inserting after the item relating to section have been able to hear people like Art Res. 894. 509A the following: The question was taken. Blakey. I was able to see Max Roach in ‘‘Sec. 509B. Section to enforce human rights Baltimore once at a jazz festival. I am The SPEAKER pro tempore. In the laws.’’. a fan of Charlie Parker’s and of Miles opinion of the Chair, two-thirds being SEC. 3. TECHNICAL AND CONFORMING AMEND- Davis. They are great jazz musicians. I in the affirmative, the ayes have it. MENTS. think all musicians respected Miles Mr. CONYERS. Mr. Speaker, on that (a) GENOCIDE.—Section 1091 of title 18, Davis as one of the greatest influences I demand the yeas and nays. United States Code, is amended— on their lives regardless of whether The yeas and nays were ordered. (1) in subsection (a)— The SPEAKER pro tempore. Pursu- (A) by striking ‘‘, in a circumstance de- they were rockers or whether they scribed in subsection (d)’’; and were blues musicians or jazz per- ant to clause 8 of rule XX and the (B) by striking ‘‘or attempts to do so,’’; formers. Chair’s prior announcement, further (2) in subsection (c), by striking ‘‘in a cir- I thank the chairman for his appre- proceedings on this motion will be cumstance described in subsection (d)’’; ciation of what is a uniquely American postponed. (3) by striking subsection (d) and (e); and

VerDate Nov 24 2008 04:29 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.026 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14893 (4) by inserting after subsection (c) the fol- section. It would merge the Office of Ms. JACKSON-LEE of Texas. Mr. Speaker, lowing: Special Investigations with the domes- I am pleased to stand before you today in ‘‘(d) ATTEMPT AND CONSPIRACY.—Any per- tic security section, which has jurisdic- support of S. 1472 to establish a section with- son who attempts or conspires to commit an tion over human rights crimes. This offense under this section shall be punished in the Criminal Division of the Department of in the same manner as a person who com- would allow more efficiency and effec- Justice to enforce human rights laws, to make pletes the offense. tive enforcement in a combination that technical and conforming amendments to ‘‘(e) JURISDICTION.—There is jurisdiction would improve the use of our resources criminal and immigration laws pertaining to over the offenses described in subsections and that would give one section the human rights violations, and for other pur- (a), (c), and (d) if— necessary expertise and jurisdiction to poses. ‘‘(1) the offense is committed in whole or in prosecute or to denaturalize perpetra- This bipartisan legislation would make it part within the United States; or tors of serious human rights crimes. It easier for the Justice Department to hold ac- ‘‘(2) regardless of where the offense is com- also amends a section of the Immigra- countable human rights abusers who seek mitted, the alleged offender is— tion and Nationality Act, and it makes ‘‘(A) a national of the United States (as safe haven in the United States. The end of that term is defined in section 101 of the Im- several technical and conforming the 20th century and the beginning of the cur- migration and Nationality Act (8 U.S.C. amendments needed in light of the en- rent 21st century have seen ongoing human 1101)); actment of other laws. rights atrocities all over the globe, such as ‘‘(B) an alien lawfully admitted for perma- I commend the authors of this legis- Burma, Sudan, and Bosnia. While an increas- nent residence in the United States (as that lation, Senators DICK DURBIN and TOM ing number of perpetrators of such human term is defined in section 101 of the Immigra- COBURN, who are the chairman and the rights abuses are held accountable in inter- tion and Nationality Act (8 U.S.C. 1101)); ranking member of the Senate Human national or state tribunals, many have escaped ‘‘(C) a stateless person whose habitual resi- Rights and the Law Subcommittee, and accountability for their crimes. Some of these dence is in the United States; or the ranking member of the Judiciary ‘‘(D) present in the United States. human rights abusers have even fled to the Committee in the House, Mr. SMITH. ‘‘(f) NONAPPLICABILITY OF CERTAIN LIMITA- United States. TIONS.—Notwithstanding section 3282, in the I reserve the balance of my time. As a representative of the state of Texas, I case of an offense under this section, an in- Mr. SMITH of Texas. I yield myself understand the urgency of creating an effec- dictment may be found, or information insti- such time as I may consume. tive mechanism for investigating human rights Mr. Speaker, I support S. 1472, the tuted, at any time without limitation.’’. violators that seek to hide out here in the Human Rights Enforcement Act of (b) IMMIGRATION AND NATIONALITY ACT.— United States. In a 2008 report, retired five- Section 212(a)(3)(E)(ii) of the Immigration 2009. This bipartisan legislation was re- star General Barry McCaffrey warned of a ref- and Nationality Act (8 U.S.C. cently passed by unanimous consent in ugee catastrophe that could greatly affect the 1182(a)(3)(E)(ii)) is amended by striking ‘‘con- the Senate. The bill is now before this state of Texas. General McCaffrey warns that duct outside the United States that would, if body for consideration. committed in the United States or by a The first goal of this legislation is to ‘‘Mexico is on the edge of abyss’’ and that ‘‘it United States national, be’’. provide technical corrections to the could become a narco-state in the coming (c) APPLICABILITY.—The amendments made decade.’’ According to General McCaffrey’s re- by subsections (b), (c), and (d) of the Child Genocide Accountability Act, which was signed into law by President Bush port, there could be a surge of millions of refu- Soldiers Accountability Act of 2008 (Public gees crossing the U.S. border. Those millions Law 110–340) shall apply to offenses com- in 2007. mitted before, on, or after the date of the en- Before that act passed, genocide was will almost certainly include individuals who actment of the Child Soldiers Accountability only a violation of Federal criminal have committed human rights violations in Act of 2008. law if it was committed within the Mexico. And those individuals must be held (d) MATERIAL SUPPORT FOR GENOCIDE OR United States or by a U.S. national accountable for their actions. CHILD SOLDIER RECRUITMENT.—Section outside the United States. The act How the United States treats suspected per- 2339A(a) of title 18, United States Code, is closed this loophole by allowing the petrators of human rights abuses sends an im- amended by— portant message to the world about our com- (1) inserting ‘‘, 1091’’ after ‘‘956’’; and prosecution of non-U.S. nationals found in the United States for genocide mitment to human rights and the rule of law. (2) striking ‘‘, or 2340A’’ and inserting ‘‘, The United States has a rich history of pro- 2340A, or 2442’’. perpetrated outside the U.S. The second goal of this legislation is tecting human rights and holding violators of The SPEAKER pro tempore. Pursu- to create a new section at the Depart- such rights accountable. Over 60 years ago, ant to the rule, the gentleman from ment of Justice to consolidate prosecu- the U.S. led efforts to prosecute Nazi per- Michigan (Mr. CONYERS) and the gen- torial authority over most Federal petrators at the Nuremberg Trials. The U.S. tleman from Texas (Mr. SMITH) each criminal and immigration human also supported the prosecution of human will control 20 minutes. rights offenses. rights crimes before the International Criminal The Chair recognizes the gentleman Currently, the responsibility for en- Tribunal for the former Yugoslavia, the Special from Michigan. forcing these statutes rests within the Court of Sierra Leone, and the International GENERAL LEAVE Office of Special Investigations, or OSI; Criminal Tribunal for Rwanda. But, the United Mr. CONYERS. Mr. Speaker, I ask OSI was created in 1979 to hunt down States must do more. The U.S. must make a unanimous consent that all Members Nazi war criminals who secretly lived stronger effort to hold those human rights vio- may have 5 legislative days in which to in the United States. After discovering lators who have found safe haven in the revise and extend their remarks and to war criminals within the U.S., OSI United States accountable for their atrocities. include extraneous material on the bill used administrative procedures to The Human Rights Enforcement Act would under consideration. denaturalize, deport or remove them. seek to build on the foundations already laid The SPEAKER pro tempore. Is there In 1994, Congress statutorily directed by creating a section inside the Department of objection to the request of the gen- OSI to also investigate and Justice’s Criminal Division that would focus tleman from Michigan? denaturalize individuals who partici- entirely on enforcing human rights laws. The There was no objection. pated in genocide, torture or bill combines the Office of Special Investiga- Mr. CONYERS. I yield myself as extrajudicial killings. tions, whose work includes investigating and much time as I may consume. Right now, OSI does not have pros- denaturalizing human rights offenders and the Mr. Speaker, Members of the House, ecution authority. Instead, it works Domestic Security Section, which has broad S. 1472 is an effort to improve our abil- with attorneys and other components jurisdiction over human rights violations. This ity to identify and prosecute human of the Department to prosecute those consolidation allows for the Department of rights abusers. It enhances the Justice cases in which a violation of Federal Justice to more effectively utilize law enforce- Department’s efforts to hold perpetra- criminal law can be shown. This legis- ment resources to investigate and, where nec- tors of atrocities accountable, and it lation expands OSI’s jurisdiction to en- essary, prosecute, denaturalize, or deport will help ensure that war criminals do able it to prosecute and enforce Fed- human rights offenders. not find a safe haven in our country. eral criminal human rights laws and to The rule of law and human rights are funda- This act would combine the two of- consolidate those efforts into one of- mental American values. In accordance with fices in the Justice Department with fice. those values, the United States has a rich his- jurisdiction over human rights to cre- I urge my colleagues to support this tory of leading the promotion of human rights ate a new, consolidated human rights legislation. worldwide. We have a responsibility to set an

VerDate Nov 24 2008 04:29 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\A15DE7.004 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14894 CONGRESSIONAL RECORD — HOUSE December 15, 2009 example for the rest of the world by dem- negotiate with the Brotherhood, and was all African Americans in the middle onstrating our commitment to end human able to successfully negotiate the first-ever 20th century and earlier. There were rights atrocities and hold perpetrators account- contract between a company and a black nearly 10,000 of them who had never union, in 1937; been unionized before. He was able to able. Whereas A. Philip Randolph was one of the Mr. Speaker, I strongly encourage all of my central figures speaking out for African- do that. Finally, he worked out a con- colleagues to join me in support of S. 1472. American rights during the 1930s and 1940s tract in 1937 with Pullman, and then Mr. SMITH of Texas. Mr. Speaker, I and focused on labor and employment issues; went to the AFL–CIO where they were yield back the balance of my time. Whereas A. Philip Randolph was a leader able to gain an international charter. Mr. CONYERS. Mr. Speaker, I yield in the movement challenging discrimination That was his major contribution. back the balance of my time. in defense industry jobs and used the threat Yet, to me, what was so important The SPEAKER pro tempore. The of a march on Washington as part of an ef- was the work that he did with Dr. Mar- question is on the motion offered by fort to lobby President Roosevelt to sign an tin Luther King, Jr., because it was he the gentleman from Michigan (Mr. executive order banning discrimination within the Government and the defense in- who, with Bayard Rustin, organized the CONYERS) that the House suspend the dustries; march on Washington for jobs and free- rules and pass the bill, S. 1472. Whereas A. Philip Randolph was, in 1947, a dom on August 28, 1963. I was a lawyer The question was taken. leader in the movement to end segregation who was at that march. It was the first The SPEAKER pro tempore. In the in the military and called for African-Ameri- one which drew over 200,000 people and opinion of the Chair, two-thirds being cans to refuse to register for the draft until which had a great effect on our moving in the affirmative, the ayes have it. these practices were ended and was success- to enact the Civil Rights Act of 1964. Mr. CONYERS. Mr. Speaker, I object ful in this effort, which saw President Tru- There are books about him, but the to the vote on the ground that a man issue an executive order barring discrimination in the military on July 26, 1948; story that I like to tell is about the quorum is not present and make the Whereas A. Philip Randolph was the lead- time that he challenged President Roo- point of order that a quorum is not ing force behind the March on Washington sevelt to end the desegregation in the present. for Jobs and Freedom and worked with many military and in the military factories, The SPEAKER pro tempore. Pursu- old friends and foes of his earlier labor strug- which were the industries that were ant to clause 8 of rule XX and the gles to ensure the success of the event, which making war materials. In a historic Chair’s prior announcement, further took place on August 28, 1963, drew a crowd meeting with President Roosevelt, proceedings on this motion will be of over 250,000 people, and was the occasion President Roosevelt acknowledged the of a meeting with President Kennedy and Dr. postponed. validity of his struggle, but then he The point of no quorum is considered Martin Luther King, Jr.; and Whereas A. Philip Randolph died in 1979 as said something prophetic. He said, withdrawn. an elder statesman of the civil rights move- Make me do it. f ment, a much admired figure and role model Amazingly, Randolph, after a period RECOGNIZING A. PHILIP RAN- for the young people of this Nation: Now, of time, assembled a huge number of therefore, be it: people to march on Washington. As DOLPH FOR HIS LIFELONG Resolved, That it is the sense of the House LEADERSHIP AND WORK TO END they got ready to march, word came of Representatives that A. Philip Randolph from the White House that the Presi- DISCRIMINATION should be recognized for his lifelong leadership and work to end discrimination and se- dent would accede to his demand, and Mr. CONYERS. Mr. Speaker, I move he gave an executive order banning ra- to suspend the rules and agree to the cure equal employment and labor opportunities for all Americans. cial discrimination in the government resolution (H. Res. 150) expressing the The SPEAKER pro tempore (Mr. and in the factories. That has been told sense of the House of Representatives CUELLAR). Pursuant to the rule, the many times over. that A. Philip Randolph should be rec- gentleman from Michigan (Mr. CON- b 1130 ognized for his lifelong leadership and YERS) and the gentleman from Texas work to end discrimination and secure (Mr. SMITH) each will control 20 min- I am indebted to the chairman of the equal employment and labor opportuni- utes. Ways and Means Committee. Randolph ties for all Americans. The Chair recognizes the gentleman worked out of New York and I am The Clerk read the title of the resolu- from Michigan. hopeful that Chairman RANGEL may tion. GENERAL LEAVE have met him and knew him as well. The text of the resolution is as fol- Mr. CONYERS. Mr. Speaker, I ask Mr. Speaker, I reserve the balance of lows: unanimous consent that all Members my time and urge support for the reso- H. RES. 150 may have 5 legislative days to revise lution. Whereas A. Philip Randolph was born April and extend their remarks and to in- Mr. SMITH of Texas. Mr. Speaker, I 15, 1889; clude extraneous material on the reso- yield myself such time as I may con- Whereas A. Philip Randolph was in New lution under consideration. sume. York during the height of the Harlem Ren- The SPEAKER pro tempore. Is there Mr. Speaker, I support House Resolu- aissance and was a student in politics and ec- tion 150, which recognizes Asa Philip onomics at City College, which served as the objection to the request of the gentleman from Michigan? Randolph for his lifelong leadership intellectual center of the movement; and work to end discrimination and se- Whereas A. Philip Randolph was the co- There was no objection. founder of The Messenger in 1917, a widely Mr. CONYERS. I yield myself as cure equal employment and labor op- read and respected magazine known for its much time as I may consume. portunities for all Americans. radical persuasion; Mr. Speaker, I am especially pleased Mr. Randolph was a leading cham- Whereas A. Philip Randolph was the leader to rise in support of this resolution pion of fairness in the 20th century. He of the successful movement to organize the honoring the life and work of A. Philip is one of the most well-known trade Pullman Company (one of the most powerful Randolph, whom I have had the privi- unionists of his time and he helped businesses in the Nation) which led to the lege of meeting and working with indi- found the modern civil rights move- formation of the Brotherhood of Sleeping ment. Car Porters (BSCP), an organization that ad- rectly. vanced the claims of African-Americans to I am pleased to be a cosponsor of the Mr. Randolph moved to the Harlem dignity, respect, and a decent livelihood; resolution with the chairman of the district of New York City in 1911, Whereas A. Philip Randolph was selected Ways and Means Committee, the gen- where he organized black voters in by the porters at the Pullman Company as a tleman from New York (Mr. RANGEL), favor of labor rights. In 1917 he co- representative because he was a good orator who introduced it. founded a magazine, The Messenger, and a tireless fighter for the rights of Afri- A. Philip Randolph was a towering calling for more positions for black can-Americans and was dedicated to the por- figure in the movement for social jus- Americans in the war industry and the ters’ cause for over a decade; tice in this country, particularly in the Armed Forces. Whereas A. Philip Randolph was able to gain an international charter from the fields of labor and civil rights. He is In 1925, Mr. Randolph organized the American Federation of Labor (now AFL– principally noted for his efforts in or- Brotherhood of Sleeping Car Porters. CIO) after Franklin Roosevelt’s New Deal ganizing the Brotherhood of Sleeping This was the first serious effort to form legislation forced the Pullman Company to Car Porters on trains, porters who were a labor institution for the employees of

VerDate Nov 24 2008 04:29 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.037 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14895 the Pullman Company, which was one crimination in the national defense industry ington, where Black and White Americans of America’s most powerful companies which led President Roosevelt to sign Execu- stood united and witnessed King’s ‘‘I Have a and a major employer of black Ameri- tive Order 8802, or the Fair Employment Act Dream’’ speech. As the U.S. civil rights move- cans. The Pullman Company later ne- in 1941—the first Federal Law to prohibit em- ment gained momentum in the early 1960s gotiated with the Brotherhood in 1935 ployment discrimination in the United States. and came to the forefront of the nation’s con- and agreed to a contract with them in In 1947, Randolph led a successful movement sciousness, his rich baritone voice was often 1937, winning pay increases, shorter to end segregation in the armed forces, which heard on television news programs addressing workweeks and overtime pay for their prompted President Truman to issue Execu- the nation on behalf of African-Americans en- employees. tive Order 9981 on July 26, 1948, establishing gaged in the struggle for voting rights and an In 1941, Mr. Randolph proposed a equality of treatment and opportunity in the end to discrimination in public accommoda- march on Washington to protest racial Armed Services. In 1963, Randolph initiated tions. He was also an active participant in discrimination in war industries and to and organized the March on Washington for many other organizations and causes, includ- propose the desegregation of the Amer- Jobs and Freedom where Martin Luther King, ing the Workmen’s Circle and others. ican Armed Forces. The march was Jr. of my home State of Georgia delivered his Ms. JACKSON-LEE of Texas. Mr. Speaker, canceled after President Franklin Roo- ‘‘I Have a Dream’’ speech, and which helped I am pleased to stand before you today in sevelt issued Executive Order 8802, pass the Civil Rights Act of 1964 and the Vot- support of H. Res. 150, expressing the sense which called for an end to discrimina- ing Rights Act of 1965. of the House of Representatives that A. Philip tion in defense industries and govern- Throughout his life, A. Philip Randolph dem- Randolph should be recognized for his lifelong ment on the basis of race, creed, or na- onstrated the kind of moral courage worthy of leadership and work to end discrimination and tional origin. our gratitude and support. His activism and his secure equal employment and labor opportuni- Mr. Randolph’s nonviolent efforts led commitment to social justice consisted not in ties for all Americans. to the signing of another executive holding society to a moral standard that is ex- A. Philip Randolph was born on April 15, order on July 26, 1948, this time signed ternal to it, but rather in demanding that soci- 1889, in Crescent City, Florida. In 1917, Ran- by President Truman to ban discrimi- ety take seriously its own idea of freedom on dolph co-founded The Messenger, a widely nation and segregation in the Armed which it intrinsically depends. Although much read and respected magazine known for its Forces. progress has been made since Randolph’s radical persuasion. In addition to these accomplish- death in 1979, the gap which he fought to Randolph was perhaps most widely known ments, Mr. Randolph was an active overcome, between what we are and what we for his work advocating for the rights of work- participant in a number of organiza- can be, between society and its potential, re- ers, and working to end employment discrimi- tions and causes, including the Leader- mains today as it did in his lifetime. His lead- nation. Randolph worked tirelessly on behalf ship Conference on Civil Rights, which ership in the civil rights movement and his life- of African American workers in forming the he cofounded, and the Workmen’s Cir- long efforts to secure equal labor opportunities ‘‘Brotherhood of Sleeping Car Porters’’ cles. He also formed the A. Philip Ran- for all Americans make him a positive role (BSCP), an organization designed to advance dolph Institute for community leaders model, not only for young people, but for all of the claims of African Americans to dignity, re- to study the causes of poverty. the citizens in this great Nation. spect and a decent livelihood. After Franklin Mr. Randolph has been called ‘‘the Mr. DAVIS of Illinois. Mr. Speaker, no one Roosevelt’s New Deal forced the Pullman towering civil rights figure of the pe- can start a new beginning, but anyone can Company to negotiate with the BSCP in 1937, riod’’ in which he lived, ‘‘the dean of start today and make a new ending. A. Philip Randolph successfully negotiated the first-ever American civil rights leaders’’ and Randolph was one of the many to make a contract between a company and a black ‘‘among the first leadership of the new ending for not just himself, but the world union. Labor movement.’’ He fought for more around him. A. Philip Randolph was a promi- Randolph became one of the most widely than a half-century on behalf of the nent twentieth-century African-American civil known spokespersons for the African Amer- poor and deprived, securing rights not rights leader and the founder of both the ican working class in America. In 1940, after just for black workers but for employ- March on Washington Movement and the Franklin Roosevelt refused to issue an execu- ees of all races and nationalities. Brotherhood of Sleeping Car Porters, a land- tive order banning discrimination against black I urge my colleagues to join me in mark for labor and particularly for African- workers in the defense industry, Randolph supporting this resolution. American labor organizing. Inspired from the called for 100,000 African Americans to march Mr. JOHNSON of Georgia. Mr. Speaker, I writing of W.E.B. Dubois, Souls of Black Folk; on Washington, DC. Support for Randolph’s rise today to applaud the actions of the House this graduate of Bethune-Cookman College march grew so wide that President Roosevelt of Representatives in recognizing the life and and son of an A.M.E. preacher took his beliefs was forced to issue an executive order on work of intellectual, activist and community or- and made them manifest through serving oth- June 25, 1941 declaring ‘‘there shall be no ganizer A. Philip Randolph. As a member of ers. discrimination in the employment of workers in the House Judiciary Committee, I strongly Randolph had some experience in labor or- defense industries or government because of support H. Res. 150, which provides Congress ganization, having organized a union of eleva- race, creed, color or national origin.’’ with an opportunity to recognize important tor operators in New York City in 1917. In Randolph’s legacy of working for labor op- issues such as civil rights, labor rights, and 1925 Randolph organized the Brotherhood of portunities and employment justice is alive and the struggle for racial equality, to which A. Sleeping Car Porters. This was the first seri- thriving today. In my home town of Houston, Philip Randolph devoted his life, and which ous effort to form a labor institution for the em- Texas, students at the University of Houston continue to have relevance today. I encourage ployees of the Pullman Company, which was have carried on the torch of justice for labor- my colleagues to support this important reso- a major employer of African-Americans. With ers in founding the University of Houston Stu- lution. amendments to the Railway Labor Act in dents Against Sweatshops. These students or- A. Philip Randolph was born on April 15, 1934, porters were granted rights under fed- ganized the largest boycott of modern student 1889 in Crescent City, Florida. He was a stu- eral law, and membership in the Brotherhood activism against Russell Athletic, due to labor dent of politics and economics at City College jumped to more than 7,000. After years of bit- violations in their factory in Honduras. Thanks during the Harlem Renaissance. In 1917, Ran- ter struggle, the Pullman Company finally to the student effort, Russell has recently dolph co-founded ‘‘The Messenger,’’ a widely began to negotiate with the Brotherhood in agreed to meet worker demands and improve respected political and literary magazine which 1935, and agreed to a contract with them in labor conditions for its 1200 workers. campaigned against the horrors of lynching 1937, winning $2,000,000 in pay increases for The above example is a testament to the and segregation. Deeply concerned not only employees, a shorter workweek, and overtime lasting and widespread effects of Randolph’s with African American rights, but also labor pay. Randolph maintained the Brotherhood’s work. As a champion for African American la- and employment issues, he organized a union affiliation with the American Federation of borers, Randolph was able to shape our na- of elevator operators in New York in the same Labor through the 1955 AFL–CIO merger. tion’s values on employment and equality. year. In 1925 he organized the Brotherhood of Randolph was also responsible for the orga- Today, students from all over the country, in- Sleeping Car Porters, a labor union which ad- nization of the March on Washington for Jobs cluding my home state of Texas, have picked vanced African American claims to respect, and Freedom on August 28, 1963 with the up the torch in support of labor rights world- dignity and a decent livelihood. He used the help of Rustin and Martin Luther King, Jr. The wide. threat of a march on Washington as part of a Civil Rights Act of 1964 is often attributed in I ask my colleagues to stand with me in successful lobbying effort to abolish racial dis- part to the success of the March on Wash- support of H. Res. 150.

VerDate Nov 24 2008 02:20 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K15DE7.033 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14896 CONGRESSIONAL RECORD — HOUSE December 15, 2009 Mr. SMITH of Texas. Mr. Speaker, I ‘‘(1) IN GENERAL.—The court, in imposing ber. The phone number that appeared yield back the balance of my time. sentence on a person who is convicted of an on their caller ID was from the local Mr. CONYERS. Mr. Speaker, I have offense under this section, shall order that courthouse, so people assumed that the no further requests for time, and I the defendant forfeit to the United States— call was made truthfully. ‘‘(A) any property, real or personal, consti- yield back the balance of my time. tuting or traceable to gross proceeds ob- Recently, the technology needed to The SPEAKER pro tempore. The tained from such offense; and spoof has become readily available question is on the motion offered by ‘‘(B) any equipment, software or other through the purchase of Internet tele- the gentleman from Michigan (Mr. technology used or intended to be used to phone equipment, or through Web sites CONYERS) that the House suspend the commit or to facilitate the commission of specifically set up for that purpose. rules and agree to the resolution, H. such offense. The measure before us today pre- Res. 150. ‘‘(2) PROCEDURES.—The procedures set vents this activity on two levels, with The question was taken. forth in section 413 of the Controlled Sub- penalties that fit the seriousness of the stances Act (21 U.S.C. 853), other than sub- offense. For providing the caller ID in- The SPEAKER pro tempore. In the section (d) of that section, and in Rule 32.2 of opinion of the Chair, two-thirds being the Federal Rules of Criminal Procedure, formation of another person without in the affirmative, the ayes have it. shall apply to all stages of a criminal for- consent with the intent to deceive, the Mr. CONYERS. Mr. Speaker, I object feiture proceeding under this section. penalties are fines and up to 1 year in to the vote on the ground that a ‘‘(e) DEFINITIONS.—In this section— prison; for providing false caller ID in- quorum is not present and make the ‘‘(1) the term ‘caller ID information’ means formation with the intent to wrong- point of order that a quorum is not any identifying information regarding the fully obtain something of value, the present. origination of a telephone call, including the penalties are fines and up to 5 years name or the telephone number of the caller, imprisonment. In addition, the bill pro- The SPEAKER pro tempore. Pursu- that is transmitted with the telephone call; ant to clause 8 of rule XX and the ‘‘(2) the term ‘telephone call’ means a call vides for forfeiture of equipment used Chair’s prior announcement, further made or received using any real time voice and proceeds gained by those involved proceedings on this motion will be communications service, regardless of the in this activity. postponed. technology or network used; and Because it can be used for legitimate The point of no quorum is considered ‘‘(3) the term ‘State’ includes a State of law enforcement and intelligence pur- withdrawn. the United States, the District of Columbia, poses, the bill allows spoofing for law- and any commonwealth, territory, or posses- f fully authorized activities of law en- sion of the United States.’’. forcement. It also does not prohibit the PHONE ACT OF 2009 (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 47 of simple use of a fake number to hide the Mr. CONYERS. Mr. Speaker, I move title 18, United States Code, is amended by caller’s number. Many businesses have to suspend the rules and pass the bill adding at the end the following new item: opted to use this feature to protect (H.R. 1110) to amend title 18, United ‘‘1041. Caller ID spoofing.’’. against abusive call-backs. As a matter States Code, to prevent caller ID spoof- SEC. 3. OTHER SPECIFIED UNLAWFUL ACTIVI- of fact, the House uses this feature on ing, and for other purposes, as amend- TIES FOR MONEY LAUNDERING. calls to outside lines. This non-mali- ed. Section 1956(c)(7)(D) of title 18, United cious practice is not intended to be The Clerk read the title of the bill. States Code, is amended by inserting ‘‘sec- reached by the legislation before us. The text of the bill is as follows: tion 1037 (relating to fraud and related activ- Finally, I note that the bill was de- H.R. 1110 ity in connection with electronic mail), sec- veloped in previous Congresses on a bi- tion 1041 (relating to caller ID spoofing),’’ be- Be it enacted by the Senate and House of Rep- partisan basis, and I commend my fore ‘‘section 1111’’. ranking member and the entire Judici- resentatives of the United States of America in The SPEAKER pro tempore. Pursu- Congress assembled, ary Committee for the work that has ant to the rule, the gentleman from SECTION 1. SHORT TITLE. gone into this measure. I urge its sup- Michigan (Mr. CONYERS) and the gen- This Act may be cited as the ‘‘Preventing port, and I reserve the balance of my tleman from Texas (Mr. SMITH) each Harassment through Outbound Number En- time. forcement Act of 2009’’ or the ‘‘PHONE Act of will control 20 minutes. Mr. SMITH of Texas. Mr. Speaker, I 2009’’. The Chair recognizes the gentleman yield myself such time as I may con- SEC. 2. CALLER ID SPOOFING. from Michigan. sume. (a) IN GENERAL.—Chapter 47 of title 18, GENERAL LEAVE Mr. Speaker, H.R. 1110, the Pre- United States Code, is amended by adding at Mr. CONYERS. Mr. Speaker, I ask venting Harassment Through Outbound the end the following: unanimous consent that all Members Number Enforcement Act, or PHONE ‘‘§ 1041. Caller ID spoofing have 5 legislative days to revise and ex- Act, addresses caller ID spoofing. ‘‘(a) OFFENSE.—Whoever, in or affecting tend their remarks and include extra- Spoofing is a ploy for obtaining a vic- interstate or foreign commerce, knowingly neous material on the bill under con- tim’s personal and financial informa- uses or provides to another— sideration. tion to commit identity theft and ‘‘(1) false caller ID information with intent The SPEAKER pro tempore. Is there wrongfully to obtain anything of value; or other similar fraud. It involves mask- ‘‘(2) caller ID information pertaining to an objection to the request of the gen- ing caller ID information to make a actual person or other entity without that tleman from Michigan? fraudulent telephone call to a recipi- person’s or entity’s consent and with intent There was no objection. ent. Those who engage in spoofing use to deceive any person or other entity about Mr. CONYERS. Mr. Speaker, I yield incorrect, fake or fraudulent caller the identity of the caller; myself such time as I may consume. identification to hide their identity shall be punished as provided in subsection Mr. Speaker and Members, this meas- and then obtain personal information (b). ure is aimed at the deceptive tele- from the victim. Call recipients unwit- ‘‘(b) PUNISHMENT.—Whoever violates sub- phoning practice called ‘‘spoofing,’’ tingly divulge their names, addresses section (a) shall— where a fake caller ID is used to hide or Social Security numbers under the ‘‘(1) if the offense is a violation of sub- one’s true identity. Sometimes it can section (a)(1), be fined under this title or im- mistaken belief that the caller rep- prisoned not more than 5 years, or both; and mean simply using the caller ID of an- resents a bank, a credit card company ‘‘(2) if the offense is a violation of sub- other person or business without per- or even a court of law. All too often, a section (a)(2), be fined under this title or im- mission, but sometimes the purpose is person does not know that their iden- prisoned not more than one year, or both. to commit fraud or identity theft. Call tity has been stolen until it’s too late ‘‘(c) LAW ENFORCEMENT EXCEPTION.—This recipients are sometimes tricked into and the damage has been done. This section does not prohibit lawfully authorized divulging private, personal information legislation will help law enforcement investigative, protective, or intelligence ac- to the spoofer. For example, the AARP officials stop identity thieves by cut- tivity of a law enforcement agency of the has reported cases in which people re- United States, a State, or a political subdivi- ting off their means of obtaining per- sion of a State, or of an intelligence agency ceived calls falsely telling them that sonal information. of the United States, or any activity author- they missed jury duty and they were Spoofing not only victimizes the ized under chapter 224 of this title. told to avoid prosecution they needed phone call recipient but also invades ‘‘(d) FORFEITURE.— to provide their Social Security num- the privacy of those individuals whose

VerDate Nov 24 2008 02:20 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.034 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14897 caller ID is used to mask the fraudu- Mr. CONYERS. Mr. Speaker, I object ies of this resolution to the University of lent calls. To address this, the PHONE to the vote on the ground that a Louisville Louis D. Brandeis School of Law Act specifically prohibits the use of an quorum is not present and make the for appropriate display. actual person’s caller ID information point of order that a quorum is not The SPEAKER pro tempore. Pursu- for spoofing. present. ant to the rule, the gentleman from Although the technology needed to The SPEAKER pro tempore. Pursu- Tennessee (Mr. COHEN) and the gen- spoof has been available for some time, ant to clause 8 of rule XX and the tleman from California (Mr. DANIEL E. it previously required specialized Chair’s prior announcement, further LUNGREN) each will control 20 minutes. equipment. Now an identity thief can proceedings on this motion will be The Chair recognizes the gentleman simply purchase Internet telephone postponed. from Tennessee. equipment or use a Web site specifi- The point of no quorum is considered GENERAL LEAVE cally set up for spoofing. withdrawn. Mr. COHEN. Mr. Speaker, I ask unan- The PHONE Act imposes penalties f imous consent that all Members have 5 for modifying a caller ID with the in- RECOGNIZING 70TH ANNIVERSARY legislative days in which to revise and tent to deceive the recipient of a tele- OF RETIREMENT OF JUSTICE extend their remarks and include ex- phone call as to the identity of the LOUIS D. BRANDEIS traneous material on the resolution caller. This legislation will help deter under consideration. Mr. COHEN. Mr. Speaker, I move to The SPEAKER pro tempore. Is there telephone fraud, protect consumers suspend the rules and agree to the reso- objection to the request of the gen- from harassment, and protect con- lution (H. Res. 905) recognizing the 70th sumers and their personally identifi- anniversary of the retirement of Jus- tleman from Tennessee? There was no objection. able information from identity thieves. tice Louis D. Brandeis from the United Mr. COHEN. I yield myself such time Similar legislation passed the House States Supreme Court. with bipartisan support in the last two The Clerk read the title of the resolu- as I may consume. Congresses. I urge my colleagues to tion. Mr. Speaker, this resolution honors join all of us in supporting this bill. The text of the resolution is as fol- Louis D. Brandeis, one of America’s Mr. JOHNSON of Georgia. Mr. Speaker, I lows: greatest jurists and legal minds, on the rise today in support of H.R. 1110, the Pre- H. RES. 905 occasion of the 70th anniversary of his retirement from the United States Su- venting Harassment through Outbound Num- Whereas the United States Supreme Court ber Enforcement, ‘‘PHONE,’’ Act of 2009. I has played a fundamental role in inter- preme Court. strongly support this important piece of legisla- preting the Nation’s laws; In any listing of great Supreme Court tion that aims to protect Americans from Whereas Louis D. Brandeis, born in Louis- justices, Brandeis would have to be spoofing. ville, Kentucky, on November 13, 1856, led a among one of the top three. Among his Spoofing involves the use of a false caller selfless career as a practicing lawyer helping lasting accomplishments, he has great- ID to hide the caller’s true identity in order to to create the pro bono tradition in the ly influenced constitutional jurispru- United States through his devotion to public dence, especially in the areas of labor commit fraud or some other abusive act. The causes, becoming known as the ‘‘people’s PHONE Act of 2009 targets spoofing by pro- lawyer’’ for challenging the power of rail- relations, free speech, right to privacy, hibiting the use of caller ID information to hide road, bank, and insurance company monopo- and women’s suffrage. the caller’s true identity in order to wrongfully lies; Louis Brandeis was born in Louis- obtain anything of value or to commit other Whereas Justice Brandeis was nominated ville, Kentucky, to Jewish parents who abusive acts. In recent years, spoofing tech- an Associate Justice of the Supreme Court had emigrated from Europe, having nology has become readily available through by appointment of President Woodrow Wil- come from Bohemia after the Bohe- son and confirmed by the United States Sen- Internet telephone equipment and Web sites mian Revolution trying to create Bohe- ate in 1916 as the first Jewish Justice of the mia as an independent state in the specifically set up to spoof. Because call re- Supreme Court; cipients are under the impression that the tele- Whereas Justice Brandeis vastly contrib- 1850s. phone call is legitimate, they sometimes di- uted to constitutional jurisprudence, par- After graduating from Harvard Law vulge personal and private information to the ticularly in the areas of free speech, right to School at age 20 with the highest grade spoofer. Identity thieves have used spoofing to privacy, labor relations, and women’s suf- average in the college’s history, he em- mislead call recipients into revealing personal frage; barked on a legal career in which he Whereas through the marshalling of evi- financial information to commit identity theft, devoted so much of his time and energy dence and development of the doctrine of ju- to important social justice causes— fraudulently authorize stolen credit cards, and dicial notice, Justice Brandeis concerned to arrange for fraudulent money transfers. himself as a citizen, attorney, and Justice of often pro bono—that he became widely According to the Federal Trade Commis- the Supreme Court with the power and role known as ‘‘the people’s lawyer.’’ In- sion’s 2008 Identity Theft Consumer Com- of education in the Nation’s democracy; deed, he pioneered the pro bono legal plaint Data, Georgia ranked 7, out of the 50 Whereas Justice Brandeis supported the tradition. In a ranking of lawyers in States, for identity theft complaints. Last year, University of Louisville and its law school America, he would have to rank among Georgians made 10,748 identity theft com- (named the Louis D. Brandeis School of Law the top 10, independent of his 23-year in 1997) by contributing funding and his per- plaints. The Federal Trade Commission cal- service on the United States Supreme sonal papers and ensuring that the law Court. He was allowed to enter Harvard culated that 111 complaints were made for school library received Supreme Court briefs every 100,000 Georgia residents. for its archives; Law School even though he wasn’t a I join the Chairman in urging my colleagues Whereas Justice Brandeis provided the role high school graduate, and he graduated to support this bill. This legislation can protect model for public service which served as the prior to the requisite age of 21 and he constituents in my district from identity thieves inspiration for the University of Louisville was given his degree by special resolu- who use spoofing as their vice. adopting a public service requirement for all tion. Mr. SMITH of Texas. Mr. Speaker, I students; His significant contributions are so yield back the balance of my time. Whereas Justice Brandeis resigned from numerous that it would be impossible Mr. CONYERS. Mr. Speaker, I have the Supreme Court 70 years ago in 1939; and to discuss them all, but I will mention Whereas, to this day, schools, universities, a few. In 1890, he and his law partner, no further requests for time, and I the United States Postal Service, and other yield back the balance of my time. institutions remember the name of Justice Samuel Warren, published an article in The SPEAKER pro tempore. The Brandeis and commemorate his service: Now, the Harvard Law Review entitled The question is on the motion offered by therefore, be it Right to Privacy, which is credited the gentleman from Michigan (Mr. Resolved, That the House of Representa- with creating the foundation for that CONYERS) that the House suspend the tives— right in American constitutional law. rules and pass the bill, H.R. 1110, as (1) recognizes the 70th anniversary of Jus- Brandeis felt one of the most signifi- tice Louis D. Brandeis’s retirement from the cant parts of the American experience amended. United States Supreme Court and the signifi- The question was taken. cant contribution he made in United States was people’s right to be left alone and The SPEAKER pro tempore. In the Supreme Court jurisprudence; and that’s where the right to privacy came opinion of the Chair, two-thirds being (2) directs the Clerk of the House of Rep- into his thinking as he expressed it in in the affirmative, the ayes have it. resentatives to make available enrolled cop- his law work.

VerDate Nov 24 2008 02:20 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.036 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14898 CONGRESSIONAL RECORD — HOUSE December 15, 2009 He took on the life insurance indus- Lincoln as President of the United migrants, and it was to Louisville that try and J.P. Morgan’s railroad monop- States. he would return throughout his life. It oly. He was a leading advocate for He enrolled in Harvard Law School at was from the cradle of the burgeoning stronger labor protections. He was a age 19, studied so hard that his eye- immigrant communities of 19th-cen- strong advocate for States having the sight failed. Rather than quit school, tury Louisville that Brandeis began his opportunity to go into new endeavors he paid fellow students to read his distinguished career. He excelled first and said that the States were the lab- textbooks out loud so he could memo- at Louisville’s Male High School and oratories of democracy; that we had a rize their content. He graduated with then Harvard Law before beginning a number of States—today 50, less when the highest grade point average in the successful career as a lawyer and aca- he was serving on the Supreme Court— history of Harvard Law School at that demic. That led, in 1916, to the bench of but that each had the opportunity to time. He was best known for his work the United States Supreme Court, try some particular new idea and see if as a lawyer and justice, and while he when he was nominated by Woodrow it worked so the other States could eventually earned good money prac- Wilson as the first Jewish Justice. rely on the work of that State to see ticing law, he devoted most of his pro- The achievements of Justice Bran- whether it should expand and be used fessional life to public causes. deis, however, go far beyond breaking He argued cases and wrote treatises throughout the country. that ground. His legacy as a jurist and on privacy, labor relations and anti- litigator has had a long-standing im- b 1145 trust matters, and he assisted the Wil- pact, not just in the courtrooms and The laboratories of democracy were son administration in crafting the Fed- law books but in the lives of every important as States, such as Cali- eral Reserve Act and the Federal Trade American citizen. His accomplishments fornia, looked at medical marijuana Commission. He served on the Supreme were far-ranging, and their influence and the other States could then learn, Court for 23 years and issued seminal resonates today and will do so far into and that spread throughout 12 or 13 opinions on many of the subjects that the future. other States, but there was an oppor- consumed him as a lawyer. tunity to learn, rather than doing it all And yes, he did believe in States To those of us who treasure the First at one time and seeing if one policy fit being the laboratories of democracy. I Amendment and its protection of free the whole Nation. He was a chief eco- enjoyed the gentleman’s comments of speech, we can thank the work of Louis nomic adviser to President Woodrow reference to my home State of Cali- Brandeis. To those who value the ex- Wilson, and helped develop the Federal fornia and, I might say, rather than tension of equal rights to all Ameri- Reserve Act and the Federal Trade choose the subject he chose as an ex- cans, we can thank Louis Brandeis. Commission Act. In 1916 President Wil- ample of California being one of those The right to privacy, groundbreaking son nominated him for the Supreme laboratories, I would suggest Propo- work in the field of labor relations, Court. He became the first Jewish Su- sition 13, or perhaps three strikes and successful challenges to once powerful preme Court Justice, where he contin- you’re out, as guiding lights to the rest corporate monopolies, the list is long ued his work on great legal issues and of the Nation as to how we ought to or- and establishes Justice Brandeis’ ca- left a lasting legacy in American juris- ganize ourselves. Unfortunately, my reer as one well-deserving of our rec- prudence. home State has forgotten some of ognition in this House, a recognition Unfortunately, in his confirmation those messages in the recent past. he has not yet received in the 70 years hearing, anti-Semitism was one of the Mr. Speaker, Justice Brandeis was since he retired from the Supreme issues that came about and was raised not without his critics, but this is not Court. in the Senate. But our country over- the time nor the place to air old griev- The work of Louis Brandeis deserves came that, and he became the first ances. Rather, we’re here to honor a not just our honor but our attention. man, and so I would use somebody else Jewish Supreme Court Justice. Though the battles we fight today may Through this resolution we recognize as a reference point, William O. Doug- have changed from those of Brandeis’ las, who described Justice Brandeis as and celebrate the 70th anniversary of era, his work is rich and relevant for being ‘‘dangerous because he was incor- the retirement of Justice Brandeis all of us involved in lawmaking. When ruptible.’’ from the United States Supreme Court, few others would, Brandeis took on the I urge the Members to support H. powerful monopolies that caused eco- and remember, with deep gratitude, his Res. 905. many contributions to our Nation’s life nomic havoc during the first half of the I reserve the balance of my time. 20th century. He was continuously and to the founding also of the State of Mr. COHEN. Mr. Speaker, I yield as skeptical of large banks and their rela- Israel. many minutes as the gentleman from tionship to corporations whose failure I reserve the balance of my time. Kentucky (Mr. YARMUTH) needs. Mr. could threaten the entire economy, and Mr. DANIEL E. LUNGREN of Cali- YARMUTH is the genesis of this par- fornia. Mr. Speaker, I yield myself such ticular resolution. He hails from the he helped develop the Federal Reserve time as I may consume. same city that Justice Brandeis did Act of 1913 which clamped down on the Mr. Speaker, I rise in support of H. and brings this to memorialize this banking industry’s most egregious Res. 905, which recognizes the 70th an- man’s great talents. practices. niversary of the retirement of Justice Mr. YARMUTH. Mr. Speaker, in Lou- In his book, ‘‘Other People’s Money: Louis Brandeis from the U.S. Supreme isville we are proud of many of the And How the Bankers Use It,’’ and in a Court. There is no doubt he was a bril- great things our most legendary resi- series of columns, Brandeis warned his liant man, and he believed the law was dents have achieved. From Muhammad contemporaries of the dangers posed by best served as a vehicle to correct in- Ali’s success in and out of the boxing massive financial corporations accu- justices, rather than a gateway to ring to Diane Sawyer’s groundbreaking mulating resources and using them ir- make money. work in journalism to Harlan Sanders’ responsibly, lessons that forewarned Justice Brandeis was born in Louis- achievements as an entrepreneur, the economic crisis we faced in this ville, Kentucky, in 1856, the son of Jew- there’s evidence of their legacies country just last year. As a litigator, ish immigrants from Prague, now in throughout our community. It’s in the educator, philanthropist, and jurist, the Czech Republic. He excelled in the stories we tell, it’s found in the history Louis Brandeis did nothing short of en- public schools of his hometown and embedded in our neighborhoods, and suring that the rights we now regard as later studied in Germany. He grew up it’s seen on the banners hung in their commonplace would endure. His con- in a refined and engaged household in honor throughout town. We are proud tributions are those for which the en- which history, politics, and culture that our city has been home to people tire country should be grateful, and his were discussed regularly at the dinner who have changed the world in the legacy is something for which all of us table. I might add that one of his early realms of athletics, literature, art, in Louisville can be proud. In fact, his influences was his uncle, Lewis music, business, and, in the case of the legacy in Louisville lives on at the Uni- Dembitz, who I’m proud to note at- man we are celebrating today, law. versity of Louisville, where the law tended the Republican Party Conven- Louis D. Brandeis was born in Louis- school now bears the name of Justice tion in 1860 that nominated Abraham ville, Kentucky, in 1856, the son of im- Louis Brandeis.

VerDate Nov 24 2008 02:20 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.038 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14899 I join Justice Brandeis’ grandson, Supreme Court, but it was a Brandeis The Clerk read the title of the bill. Frank Gilbert, and the rest of his fam- Brief argument that was used to win The text of the bill is as follows: ily in urging my colleagues to support that case, for there was little law on H.R. 4194 H. Res. 905, recognizing the 70th anni- the subject that was favorable, but Be it enacted by the Senate and House of versary of the retirement of this leg- there was much social analysis and Representatives of the United States of America endary American educator, litigator, facts that helped the Court make its in Congress assembled, and jurist. decision that separate, in fact, was not SECTION 1. SHORT TITLE. Mr. COHEN. I appreciate Mr. equal, and that we needed a change in This Act may be cited as the ‘‘Law Student YARMUTH bringing this resolution and this country that we had in 1954 that Clinic Participation Act of 2009’’. his comments. I reserve my time. we’re continuing to experience today. SEC. 2. LAW STUDENT CONFLICT OF INTEREST Mr. DANIEL E. LUNGREN of Cali- Justice Brandeis had many quotes EXEMPTION. fornia. Mr. Speaker, I yield myself such which were of great significance, one of Section 205 of title 18, United States Code, time as I may consume. which is inscribed in the walls of Con- is amended by adding at the end the fol- It is interesting that we have heard gress, I think just beneath this Cham- lowing: ‘‘(j) Subsections (a) and (b) do not apply to of Justice Brandeis’ commitment to ber on the first floor. If you look up to- a law student or legal clinic staff member the First Amendment. One can only wards the ceiling, The greatest dangers participating in the legal clinic or wonder what he would think of the cur- to liberty lurk in insidious encroach- externship of an accredited law school, with rent state of interpretation of the First ment by men of zeal, well-meaning, but respect to a matter within the scope of the Amendment where, unfortunately, it without understanding. That quote, clinic or externship, unless— appears that we give greater protection which is inscribed on the walls of Con- ‘‘(1) the student or staff has participated to nude dancing than we do to political gress, is one that I’ve long thought personally and substantially in the matter speech. about, and people making arguments as a Government employee or special Gov- ernment employee through decision, ap- One would hope that the Supreme that sometimes are well meant but proval, disapproval, recommendation, the Court, as we anticipate its decision in they take away from the rights that rendering of advice, investigation, or other- the most recent challenge to aspects of people should have in this country and wise; or McCain-Feingold, might listen to some freedoms. ‘‘(2) the matter is pending in the depart- of the interpretations and wisdom of ment or agency of the Government in which b 1200 Louis Brandeis with respect to the es- the student is serving.’’. sence of the First Amendment. Brandeis also said we can have de- SEC. 3. EFFECTIVE DATE. One would hope that we would, once mocracy in this country or we can have This Act and the amendments made by again, regain the notion that protec- great wealth concentrated in the hands this Act shall take effect upon the expiration tion of political speech is at the fore- of the few, but we can’t have both. And of the 60-day period beginning on the date of front of the First Amendment, not an that thought permeates much of what the enactment of this Act. The SPEAKER pro tempore. Pursu- afterthought to the First Amendment, we debate in this Congress today and ant to the rule, the gentleman from and that when we have gone so far as see as the differences in wealth grow Tennessee (Mr. COHEN) and the gen- to have someone representing the So- greater and greater. tleman from California (Mr. DANIEL E. licitor General of the United States, re- Indeed, Georgia O’Keeffe, one of my LUNGREN) each will control 20 minutes. sponding to a question in the Supreme favorite painters, and Warren Zevon, The Chair recognizes the gentleman Court, saying in response to the ques- one of my favorite songwriters, singers from Tennessee. tion, So, the law would give you the and friends, would appreciate this reso- right to ban books if they said what is lution today, for the right to be alone, GENERAL LEAVE contained in the script of the movie the most comprehensive of rights and Mr. COHEN. I ask unanimous consent that the FEC believes it has the right the right most valued by civilized man, that all Members have 5 legislative to stop during the period of time before was something Louis Brandeis es- days to revise and extend their re- an election, the response from the rep- poused, as did O’Keeffe and Zevon. Jus- marks and include extraneous material resentative of the executive branch tice Brandeis said the most political on the bill under consideration. was, yes. If we have come so far that office is that of a private citizen. And The SPEAKER pro tempore. Is there banning books is seen as something al- I think we should all remember that. objection to the request of the gen- Mr. Speaker, I yield back my time. tleman from Tennessee? lowed under the First Amendment be- The SPEAKER pro tempore. The cause of the pursuit of purity in polit- There was no objection. question is on the motion offered by Mr. COHEN. I yield myself such time ical campaigns, then we have lost sight the gentleman from Tennessee (Mr. of the First Amendment as understood as I may consume. COHEN) that the House suspend the Mr. Speaker, H.R. 4194 would address and expressed by Louis Brandeis. rules and agree to the resolution, H. And so I would hope that as we look an unfortunate consequence of current Res. 905. forward to the end of this year that we law that hinders participation by law The question was taken. students in pro bono clinics, which lim- could look forward to a Supreme Court The SPEAKER pro tempore. In the its the provisions of these needed serv- that comes to its senses and under- opinion of the Chair, two-thirds being ices to the community. It is appro- stands the essence of the First Amend- in the affirmative, the ayes have it. ment. Mr. COHEN. Mr. Speaker, on that I priate that this resolution follow that Once again, I would urge my col- demand the yeas and nays. of Justice Brandeis, who really was the leagues to unanimously support this The yeas and nays were ordered. father of pro bono work. recognition on the 70th anniversary of The SPEAKER pro tempore. Pursu- Title 18, section U.S.C. 205 makes it a the retirement from the Supreme ant to clause 8 of rule XX and the crime for a Federal Government em- Court of Louis Brandeis. Chair’s prior announcement, further ployee to provide legal assistance to I yield back the balance of my time. proceedings on this motion will be anyone bringing a case adverse to the Mr. COHEN. Mr. Speaker, indeed, postponed. United States or in bringing a case ad- Justice Brandeis had a great impact on f verse to a substantial U.S. interest. this country, not only as a jurist, as Section 205(b) applies the same rule to we’ve mentioned, but as a lawyer. And LAW STUDENT CLINIC employees of the District of Columbia. one of his innovations was something PARTICIPATION ACT OF 2009 For law school students or legal clin- called the Brandeis Brief, where not Mr. COHEN. Mr. Speaker, I move to ic staff who hold government jobs, this only were precedents used to make an suspend the rules and pass the bill criminalizes participation in a wide argument but social data, factual data (H.R. 4194) to amend title 18, United range of political programs, including about changes in society to support the States Code, to exempt qualifying law those funded by the Federal Govern- Court’s positions. school students participating in legal ment. Law students or legal clinic staff Brandeis was not alive at the time of clinics or externships from the applica- who are full- or part-time government Brown v. Board of Education of To- tion of the conflict of interest rules employees face criminal penalties if peka, one of the great decisions of our under section 205 of such title. they participate in law school pro bono

VerDate Nov 24 2008 02:20 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.041 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14900 CONGRESSIONAL RECORD — HOUSE December 15, 2009 clinics that represent plaintiffs whose During their time in school, each of which was unanticipated by the Con- claims are adverse to the Federal or these students will study property, gress when it passed the relevant law, D.C. Governments. Yet this oppor- criminal, constitutional, and contract and, therefore, I would urge my col- tunity is important for students to law, just to name a few. And these leagues to join me in supporting this learn their craft and become lawyers. classes not only instruct the students bill. This disqualifies the law students on the relevant case law or statutes And if the gentleman from Tennessee from participation in many service ac- but also attempt to teach them how to has no other speakers, I would yield tivities that benefit both the students think like a lawyer; that is, to analyze back the balance of my time. and the wider community, among them cases from a lawyer’s perspective. Mr. COHEN. Mr. Speaker, we have no juvenile justice clinics, death penalty As important as that is, equally im- further speakers. appeal projects, advocacy programs on portant are the clinical programs of- Mr. Speaker, I just want to thank behalf of parents with special needs fered by virtually every law school in Mr. LUNGREN for bringing this to us. It children, and low-income taxpayer the country that teach students how to is important that the law students do clinics. practice law. Clinical programs include have this opportunity and that the This also has the perverse effect of prosecution and defense, appellate ad- conflicts be real and not imagined. I forcing law students to choose between vocacy, including death penalty ap- would like to encourage a ‘‘yes’’ vote government service and community peals projects, juvenile justice, and and would move that we pass the bill service. It also needlessly deprives gov- even tax assistance clinics. Yet, a lit- at this time. ernment employees of a range of real- tle-known provision in Federal crimi- I yield back the balance of my time. world educational experiences that nal law—Federal criminal law; that is, The SPEAKER pro tempore (Mr. would be particularly beneficial to it makes is a crime—prevents certain BLUMENAUER). The question is on the them when they become lawyers. Just law students from participating in motion offered by the gentleman from this year, this Congress passed the Ed- these clinics. In other words, they Tennessee (Mr. COHEN) that the House ward Kennedy Service Act encouraging would be subject to criminal penalties suspend the rules and pass the bill, people to participate in public service, if they participated in these clinics. H.R. 4194. and this is another area where we That is because section 205 of title 18 The question was taken. should encourage it. prescribes criminal penalties for gov- The SPEAKER pro tempore. In the This is a misguided choice to force on ernment employees who provide out- opinion of the Chair, two-thirds being law students, for they should be able to side legal assistance in a case against in the affirmative, the ayes have it. have both government and community the United States or adverse to a sub- Mr. COHEN. Mr. Speaker, I object to service and be encouraged to do so. stantial U.S. interest. Therefore, law the vote on the ground that a quorum This bill will stop the law from forcing school students, or even staff, who are is not present and make the point of them to have this conflict. also employed by the Federal Govern- order that a quorum is not present. Section 205 already contains an ex- ment, full time or part time, may be The SPEAKER pro tempore. Pursu- emption that narrows the definition of barred from participating in these val- ant to clause 8 of rule XX and the ‘‘conflict of interest’’ to those in- uable clinical programs. Chair’s prior announcement, further stances of actual conflict: cases in The impact of this provision is per- proceedings on this motion will be which a government attorney substan- haps no greater than right here in our postponed. The point of no quorum is considered tially and personally participated as a Washington, D.C., metropolitan area, withdrawn. government employee, and cases in which is the home to over half a dozen which the employee’s department or law schools. It comes as no surprise f agency is currently directly partici- that many of these schools’ students ANNOUNCEMENT BY THE SPEAKER pating. are also Federal Government employ- PRO TEMPORE ees. Some of the schools have night By applying this exemption to law The SPEAKER pro tempore. Pursu- programs, so the students work full students and legal clinic staff, the bill ant to clause 8 of rule XX, proceedings time during the day and take classes at will eliminate the pernicious effects of will resume on motions to suspend the night. Many times they do work for the section 205 while retaining its safe- rules previously postponed. guards against true conflict of interest. Federal Government or the D.C. Gov- Votes will be taken in the following Law students and legal clinic staff ernment, but because of their employ- order: would be able to participate in law ment, they are, therefore, disqualified House Resolution 894, by the yeas and school clinics that are, by their nature, from participating in these extremely nays; adverse to the Federal or D.C. Govern- beneficial programs. This was most H.R. 1517, de novo; ment while continuing to prohibit ac- certainly not Congress’ intent when it H.R. 3978, de novo. tual conflicts of interest involving spe- enacted section 205. The first electronic vote will be con- cific parties. H.R. 4194, remedies this problem by ducted as a 15-minute vote. Remaining Law students and staff who choose extending an existing exemption with- electronic votes will be conducted as 5- government service would remain sub- in the statute to include Federal em- minute votes. ployee law students. The bill, there- ject to governmental conflict of inter- f est rules while also being permitted to fore, appropriately allows students and enjoy the same clinical resources and staff to participate in clinics, including HONORING 50TH ANNIVERSARY OF opportunities as their peers. those that are adverse to the Federal THE RECORDING OF ‘‘KIND OF I commend our colleague Congress- or D.C. Governments; however—and BLUE’’ man DAN LUNGREN from California for this is important—the bill continues to The SPEAKER pro tempore. The un- his leadership on this important bill, prohibit any actual conflict of interest finished business is the vote on the mo- and I urge my colleagues to support it. involving specific parties. Therefore, if tion to suspend the rules and agree to I reserve the balance of my time. the student or staff member is involved the resolution, H. Res. 894, on which Mr. DANIEL E. LUNGREN of Cali- in a matter which would be a direct the yeas and nays were ordered. fornia. Mr. Speaker, I yield myself such conflict of interest, they are not cov- The Clerk read the title of the resolu- time as I may consume. ered by this waiver. It would seem that tion. H.R. 4194, the Law Student Clinic this is a commonsense solution to pro- The SPEAKER pro tempore. The Participation Act of 2009, makes a sim- vide those students employed by the question is on the motion offered by ple yet important change to Federal government the same opportunities as the gentleman from Michigan (Mr. law so as to increase law students’ ac- other students. CONYERS) that the House suspend the cess to clinics and other law school I might say, Mr. Speaker, when this rules and agree to the resolution, H. programs. came to my attention, I thought that Res. 894. Nearly 44,000 law students nationwide perhaps we could have a relatively sim- The vote was taken by electronic de- will graduate this year from more than ple, straightforward waiver or exemp- vice, and there were—yeas 409, nays 0, 200 law schools across this country. tion to take care of this problem, not voting 25, as follows:

VerDate Nov 24 2008 02:20 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.045 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14901 [Roll No. 971] Owens Ryan (OH) Taylor A recorded vote was ordered. Pallone Ryan (WI) Teague YEAS—409 Pastor (AZ) Sa´ nchez, Linda Terry The SPEAKER pro tempore. This Paul T. will be a 5-minute vote. Ackerman Davis (KY) Kildee Thompson (CA) Paulsen Sarbanes Aderholt Davis (TN) Kilpatrick (MI) Thompson (MS) The vote was taken by electronic de- Payne Scalise Adler (NJ) DeFazio Kind Thompson (PA) Pence Schakowsky vice, and there were—ayes 414, noes 1, Akin DeGette King (IA) Thornberry Perlmutter Schauer not voting 19, as follows: Alexander Delahunt King (NY) Tiahrt Perriello Schiff Tiberi Altmire DeLauro Kingston Peters Schmidt [Roll No. 972] Andrews Dent Kirk Tierney Peterson Schock AYES—414 Arcuri Diaz-Balart, L. Kirkpatrick (AZ) Petri Schrader Titus Austria Diaz-Balart, M. Kissell Pingree (ME) Schwartz Tonko Ackerman Crowley Hoyer Baca Dicks Klein (FL) Pitts Scott (GA) Towns Aderholt Cuellar Hunter Bachmann Dingell Kline (MN) Platts Scott (VA) Tsongas Adler (NJ) Culberson Inglis Bachus Doggett Kosmas Poe (TX) Sensenbrenner Turner Akin Cummings Inslee Baird Donnelly (IN) Kratovil Polis (CO) Serrano Upton Alexander Dahlkemper Israel Baldwin Doyle Kucinich Pomeroy Sessions Van Hollen Altmire Davis (AL) Issa Barrow Dreier Lamborn Posey Sestak Vela´ zquez Andrews Davis (CA) Jackson (IL) Bartlett Driehaus Lance Price (GA) Shadegg Visclosky Arcuri Davis (IL) Jackson-Lee Barton (TX) Duncan Langevin Price (NC) Shea-Porter Walden Austria Davis (KY) (TX) Bean Edwards (MD) Larsen (WA) Baca Davis (TN) Jenkins Putnam Sherman Walz Becerra Edwards (TX) Larson (CT) Bachmann DeFazio Johnson (GA) Quigley Shimkus Wamp Berkley Ehlers Latham Bachus DeGette Johnson, E. B. Rahall Shuster Wasserman Berman Ellison Latta Baird Delahunt Jones Rangel Simpson Schultz Berry Ellsworth Lee (CA) Baldwin DeLauro Jordan (OH) Rehberg Sires Waters Biggert Emerson Lee (NY) Reichert Skelton Barrow Dent Kagen Bilbray Engel Levin Watson Bartlett Diaz-Balart, L. Kanjorski Reyes Slaughter Watt Bilirakis Eshoo Lewis (CA) Richardson Smith (NE) Barton (TX) Diaz-Balart, M. Kaptur Waxman Bishop (GA) Etheridge Lewis (GA) Rodriguez Smith (NJ) Bean Dicks Kennedy Weiner Bishop (NY) Fallin Linder Roe (TN) Smith (TX) Becerra Dingell Kildee Welch Blackburn Farr Lipinski Rogers (AL) Smith (WA) Berkley Doggett Kilpatrick (MI) Westmoreland Blumenauer Fattah LoBiondo Rogers (KY) Snyder Berman Donnelly (IN) Kilroy Blunt Filner Loebsack Rogers (MI) Souder Wexler Berry Doyle Kind Boccieri Flake Lofgren, Zoe Rohrabacher Space Whitfield Biggert Dreier King (IA) Boehner Fleming Lowey Rooney Speier Wilson (OH) Bilbray Driehaus King (NY) Bono Mack Forbes Lucas Ros-Lehtinen Spratt Wilson (SC) Bilirakis Duncan Kingston Boozman Fortenberry Luetkemeyer Ross Stark Wittman Bishop (GA) Edwards (MD) Kirk Boren Foster Luja´ n Rothman (NJ) Stearns Wolf Bishop (NY) Edwards (TX) Kirkpatrick (AZ) Boswell Foxx Lummis Roybal-Allard Stupak Woolsey Blackburn Ehlers Kissell Boucher Frank (MA) Lungren, Daniel Royce Sullivan Wu Blumenauer Ellison Klein (FL) Boustany Franks (AZ) E. Ruppersberger Sutton Yarmuth Blunt Ellsworth Kline (MN) Boyd Frelinghuysen Lynch Rush Tanner Young (AK) Boccieri Emerson Kosmas Brady (PA) Fudge Mack Boehner Engel Kratovil Brady (TX) Gallegly Maloney NOT VOTING—25 Bono Mack Eshoo Kucinich Braley (IA) Garamendi Manzullo Abercrombie Hinchey Pascrell Boozman Etheridge Lamborn Bright Garrett (NJ) Marchant Barrett (SC) Hodes Radanovich Boren Fallin Lance Broun (GA) Gerlach Markey (CO) Bishop (UT) Johnson (IL) Roskam Boswell Farr Langevin Brown (SC) Giffords Markey (MA) Boucher Fattah Larsen (WA) Bonner Johnson, Sam Salazar Brown, Corrine Gingrey (GA) Marshall Boustany Filner Larson (CT) Clay Kilroy Sanchez, Loretta Brown-Waite, Gohmert Massa Deal (GA) LaTourette Boyd Flake Latham Ginny Gonzalez Matheson Shuler Brady (PA) Fleming Latta Hastings (FL) Maffei Young (FL) Buchanan Goodlatte Matsui Heller Moran (VA) Brady (TX) Forbes Lee (CA) Burgess Gordon (TN) McCarthy (CA) Herger Murtha Braley (IA) Fortenberry Lee (NY) Burton (IN) Granger McCarthy (NY) Bright Foster Levin Butterfield Graves McCaul b 1237 Broun (GA) Foxx Lewis (CA) Buyer Grayson McClintock Brown (SC) Frank (MA) Lewis (GA) Calvert Green, Al McCollum So (two-thirds being in the affirma- Brown, Corrine Franks (AZ) Linder Camp Green, Gene McCotter tive) the rules were suspended and the Brown-Waite, Frelinghuysen Lipinski Campbell Griffith McDermott resolution was agreed to. Ginny Fudge LoBiondo Cantor Grijalva McGovern The result of the vote was announced Buchanan Gallegly Loebsack Cao Guthrie McHenry Burgess Garamendi Lofgren, Zoe Capito Gutierrez McIntyre as above recorded. Burton (IN) Garrett (NJ) Lowey Capps Hall (NY) McKeon A motion to reconsider was laid on Butterfield Gerlach Lucas Capuano Hall (TX) McMahon the table. Buyer Giffords Luetkemeyer Cardoza Halvorson McMorris Stated for: Calvert Gingrey (GA) Luja´ n Carnahan Hare Rodgers Mr. HELLER. Mr. Speaker, on rollcall No. Camp Gohmert Lummis Carney Harman McNerney Campbell Gonzalez Lungren, Daniel Carson (IN) Harper Meek (FL) 971, had I been present, I would have voted Cantor Goodlatte E. Carter Hastings (WA) Meeks (NY) ‘‘yea.’’ Cao Gordon (TN) Lynch Cassidy Heinrich Melancon f Capito Granger Mack Castle Hensarling Mica Capps Graves Maffei Castor (FL) Herseth Sandlin Michaud AUTHORITY TO CONVERT CERTAIN Capuano Grayson Maloney Chaffetz Higgins Miller (FL) OVERSEAS LIMITED APPOINT- Cardoza Green, Al Manzullo Chandler Hill Miller (MI) Carnahan Green, Gene Marchant Childers Himes Miller (NC) MENTS TO PERMANENT AP- Carney Griffith Markey (CO) Chu Hinojosa Miller, Gary POINTMENTS Carson (IN) Grijalva Markey (MA) Clarke Hirono Miller, George Carter Guthrie Marshall Cleaver Hoekstra Minnick The SPEAKER pro tempore. The un- Cassidy Gutierrez Massa Clyburn Holden Mitchell finished business is the question on Castle Hall (NY) Matheson Coble Holt Mollohan suspending the rules and passing the Castor (FL) Hall (TX) Matsui Coffman (CO) Honda Moore (KS) bill, H.R. 1517, as amended. Chaffetz Halvorson McCarthy (CA) Cohen Hoyer Moore (WI) Chandler Hare McCarthy (NY) Cole Hunter Moran (KS) The Clerk read the title of the bill. Childers Harman McCaul Conaway Inglis Murphy (CT) The SPEAKER pro tempore. The Chu Harper McClintock Connolly (VA) Inslee Murphy (NY) question is on the motion offered by Clarke Hastings (FL) McCollum Conyers Israel Murphy, Patrick the gentleman from Texas (Mr. Cleaver Hastings (WA) McCotter Cooper Issa Murphy, Tim Clyburn Heinrich McDermott Costa Jackson (IL) Myrick CUELLAR) that the House suspend the Coble Hensarling McGovern Costello Jackson-Lee Nadler (NY) rules and pass the bill, H.R. 1517, as Coffman (CO) Herger McHenry Courtney (TX) Napolitano amended. Cohen Herseth Sandlin McIntyre Crenshaw Jenkins Neal (MA) The question was taken. Cole Higgins McKeon Crowley Johnson (GA) Neugebauer Conaway Hill McMahon Cuellar Johnson, E. B. Nunes The SPEAKER pro tempore. In the Connolly (VA) Himes McMorris Culberson Jones Nye opinion of the Chair, two-thirds being Conyers Hinojosa Rodgers Cummings Jordan (OH) Oberstar in the affirmative, the ayes have it. Cooper Hirono McNerney Dahlkemper Kagen Obey Costa Hoekstra Meek (FL) RECORDED VOTE Davis (AL) Kanjorski Olson Costello Holden Meeks (NY) Davis (CA) Kaptur Olver Mr. CONNOLLY of Virginia. Mr. Courtney Holt Melancon Davis (IL) Kennedy Ortiz Speaker, I demand a recorded vote. Crenshaw Honda Mica

VerDate Nov 24 2008 02:27 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.015 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14902 CONGRESSIONAL RECORD — HOUSE December 15, 2009 Michaud Rahall Snyder The SPEAKER pro tempore. The Lewis (CA) Nye Sessions Miller (FL) Rehberg Souder question is on the motion offered by Lewis (GA) Oberstar Sestak Miller (MI) Reichert Space Linder Obey Shadegg Miller (NC) Reyes Speier the gentleman from Texas (Mr. Lipinski Olson Shea-Porter Miller, Gary Richardson Spratt CUELLAR) that the House suspend the LoBiondo Olver Sherman Miller, George Rodriguez Stark rules and pass the bill, H.R. 3978. Loebsack Ortiz Shimkus Minnick Roe (TN) Stearns Lofgren, Zoe Owens The question was taken. Simpson Mitchell Rogers (AL) Stupak Lowey Pallone Sires Mollohan Rogers (KY) Sullivan The SPEAKER pro tempore. In the Lucas Pascrell Skelton Moore (KS) Rogers (MI) Sutton opinion of the Chair, two-thirds being Luetkemeyer Pastor (AZ) Slaughter ´ Moore (WI) Rohrabacher Tanner in the affirmative, the ayes have it. Lujan Paulsen Smith (NE) Moran (KS) Rooney Taylor Lummis Payne Smith (NJ) Moran (VA) Ros-Lehtinen Teague RECORDED VOTE Lungren, Daniel Pence Smith (TX) Murphy (CT) Roskam Terry Mr. HARE. Mr. Speaker, I demand a E. Perlmutter Smith (WA) Murphy (NY) Ross Thompson (CA) Lynch Perriello recorded vote. Snyder Murphy, Patrick Rothman (NJ) Thompson (MS) Mack Peters Souder Murphy, Tim Roybal-Allard Thompson (PA) A recorded vote was ordered. Maffei Peterson Space Myrick Royce Thornberry The SPEAKER pro tempore. This Maloney Petri Speier Nadler (NY) Ruppersberger Tiahrt Manzullo Pingree (ME) Spratt Napolitano Rush Tiberi will be a 5-minute vote. Marchant Pitts The vote was taken by electronic de- Stark Neal (MA) Ryan (OH) Tierney Markey (CO) Platts Stearns Neugebauer Ryan (WI) Titus vice, and there were—ayes 413, noes 1, Markey (MA) Poe (TX) Stupak ´ Nunes Sanchez, Linda Tonko not voting 20, as follows: Marshall Polis (CO) Sullivan Nye T. Towns Massa Pomeroy Sutton Oberstar Sarbanes Tsongas [Roll No. 973] Matheson Posey Tanner Obey Scalise Turner Matsui Price (GA) AYES—413 Taylor Olson Schakowsky Upton McCarthy (CA) Price (NC) Teague Olver Schauer Van Hollen Ackerman Cleaver Graves McCarthy (NY) Putnam Terry Ortiz Schiff Vela´ zquez Aderholt Clyburn Grayson McCaul Quigley Thompson (CA) Owens Schmidt Visclosky Adler (NJ) Coble Green, Al McClintock Rahall Thompson (MS) Pallone Schock Walden Akin Coffman (CO) Green, Gene McCollum Rangel Thompson (PA) Pascrell Schrader Walz Alexander Cohen Griffith McCotter Rehberg Thornberry Pastor (AZ) Schwartz Wamp Altmire Cole Grijalva McDermott Reichert Tiahrt Paulsen Scott (GA) Wasserman Andrews Conaway Guthrie McGovern Reyes Tiberi Payne Scott (VA) Schultz Arcuri Connolly (VA) Gutierrez McHenry Richardson Pence Sensenbrenner Waters Austria Conyers Hall (NY) McIntyre Rodriguez Tierney Perlmutter Serrano Watson Baca Cooper Hall (TX) McKeon Roe (TN) Titus Perriello Sessions Watt Bachmann Costa Halvorson McMahon Rogers (AL) Tonko Peters Sestak Waxman Bachus Costello Hare McMorris Rogers (KY) Towns Peterson Shadegg Weiner Baird Courtney Harman Rodgers Rogers (MI) Tsongas Petri Shea-Porter Welch Baldwin Crenshaw Harper McNerney Rohrabacher Turner Pingree (ME) Sherman Westmoreland Barrow Crowley Hastings (FL) Meek (FL) Rooney Upton Pitts Shimkus Wexler Bartlett Cuellar Hastings (WA) Meeks (NY) Ros-Lehtinen Van Hollen Platts Shuster Whitfield Barton (TX) Culberson Heinrich Melancon Roskam Vela´ zquez Poe (TX) Simpson Wilson (OH) Bean Cummings Hensarling Mica Ross Visclosky Polis (CO) Sires Wilson (SC) Becerra Dahlkemper Herger Michaud Rothman (NJ) Walden Pomeroy Skelton Wittman Berkley Davis (AL) Herseth Sandlin Miller (FL) Roybal-Allard Walz Posey Slaughter Wolf Berman Davis (CA) Higgins Miller (MI) Royce Wamp Price (GA) Smith (NE) Woolsey Berry Davis (IL) Hill Miller, Gary Ruppersberger Wasserman Price (NC) Smith (NJ) Wu Biggert Davis (KY) Himes Miller, George Rush Schultz Putnam Smith (TX) Yarmuth Bilbray Davis (TN) Hinchey Minnick Ryan (OH) Waters Quigley Smith (WA) Young (AK) Bilirakis DeFazio Hinojosa Mitchell Ryan (WI) Watson Bishop (GA) DeGette Hirono Mollohan Sa´ nchez, Linda Watt NOES—1 Bishop (NY) Delahunt Hoekstra Moore (KS) T. Waxman Paul Blackburn DeLauro Holden Moore (WI) Sarbanes Weiner Blumenauer Dent Holt Moran (KS) Scalise Welch NOT VOTING—19 Blunt Diaz-Balart, L. Honda Moran (VA) Schakowsky Westmoreland Boccieri Diaz-Balart, M. Hoyer Abercrombie Hinchey Rangel Murphy (CT) Schauer Wexler Boehner Dicks Hunter Barrett (SC) Hodes Murphy (NY) Schiff Whitfield Salazar Bono Mack Dingell Inglis Bishop (UT) Johnson (IL) Murphy, Patrick Schmidt Wilson (OH) Sanchez, Loretta Boozman Doggett Inslee Bonner Johnson, Sam Murphy, Tim Schock Wilson (SC) Shuler Boren Donnelly (IN) Israel Clay LaTourette Myrick Schrader Wittman Young (FL) Boswell Doyle Issa Deal (GA) Murtha Nadler (NY) Schwartz Wolf Boucher Dreier Jackson (IL) Heller Radanovich Napolitano Scott (GA) Woolsey Boustany Driehaus Jackson-Lee Neal (MA) Scott (VA) Wu ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boyd Duncan (TX) Neugebauer Sensenbrenner Yarmuth Brady (PA) Edwards (MD) Jenkins Nunes Serrano Young (AK) The SPEAKER pro tempore (during Brady (TX) Edwards (TX) Johnson (GA) the vote). There are 2 minutes remain- Braley (IA) Ehlers Johnson, E. B. NOES—1 Bright Ellison Jones ing in this vote. Paul Broun (GA) Ellsworth Jordan (OH) b 1245 Brown (SC) Emerson Kagen NOT VOTING—20 Brown, Corrine Engel Kanjorski So (two-thirds being in the affirma- Brown-Waite, Eshoo Kaptur Abercrombie Heller Radanovich tive) the rules were suspended and the Ginny Etheridge Kennedy Barrett (SC) Hodes Salazar Buchanan Fallin Kildee Bishop (UT) Johnson (IL) Sanchez, Loretta bill, as amended, was passed. Burgess Farr Kilpatrick (MI) Bonner Johnson, Sam Shuler The result of the vote was announced Burton (IN) Fattah Kilroy Cassidy LaTourette Shuster as above recorded. Butterfield Filner Kind Clay Miller (NC) Young (FL) A motion to reconsider was laid on Buyer Flake King (IA) Deal (GA) Murtha Calvert Fleming King (NY) the table. Camp Forbes Kingston ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Stated for: Campbell Fortenberry Kirk The SPEAKER pro tempore (during Mr. HELLER. Mr. Speaker, on rollcall No. Cantor Foster Kirkpatrick (AZ) Cao Foxx Kissell the vote). There are 2 minutes remain- 972, had I been present, I would have voted Capito Frank (MA) Klein (FL) ing in this vote. ‘‘aye.’’ Capps Franks (AZ) Kline (MN) Capuano Frelinghuysen Kosmas f Cardoza Fudge Kratovil b 1252 Carnahan Gallegly Kucinich FIRST RESPONDER ANTI-TER- Carney Garamendi Lamborn So (two-thirds being in the affirma- RORISM TRAINING RESOURCES Carson (IN) Garrett (NJ) Lance tive) the rules were suspended and the ACT Carter Gerlach Langevin bill was passed. Castle Giffords Larsen (WA) The SPEAKER pro tempore. The un- Castor (FL) Gingrey (GA) Larson (CT) The result of the vote was announced finished business is the question on Chaffetz Gohmert Latham as above recorded. suspending the rules and passing the Chandler Gonzalez Latta A motion to reconsider was laid on Childers Goodlatte Lee (CA) bill, H.R. 3978. Chu Gordon (TN) Lee (NY) the table. The Clerk read the title of the bill. Clarke Granger Levin Stated for:

VerDate Nov 24 2008 02:27 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.011 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14903 Mr. HELLER. Mr. Speaker, on rollcall No. tial for predicted interference to FM trans- (C) accept complaints of interference to 973, had I been present, I would have voted lator input signals on third-adjacent chan- mobile reception. ‘‘aye.’’ nels set forth in section 2.7 of the technical SEC. 8. FCC STUDY ON IMPACT OF LOW-POWER Mr. CASSIDY. Mr. Speaker, on rollcall No. report entitled ‘‘Experimental Measure- FM STATIONS ON FULL-SERVICE COMMERCIAL FM STATIONS. 973, I was unavoidably detained. Had I been ments of the Third-Adjacent Channel Im- pacts of Low-Power FM Stations, Volume (a) IN GENERAL.—The Federal Communica- present, I would have voted ‘‘aye.’’ One—Final Report (May 2003)’’. tions Commission shall conduct an economic f SEC. 7. ENSURING EFFECTIVE REMEDIATION OF study on the impact that low-power FM sta- LOCAL COMMUNITY RADIO ACT OF INTERFERENCE. tions will have on full-service commercial FM stations. 2009 The Federal Communications Commission shall modify the interference complaint (b) REPORT.—Not later than 1 year after Mr. BOUCHER. Mr. Speaker, I move process described in section 73.810 of its rules the date of enactment of this Act, the Fed- to suspend the rules and pass the bill (47 CFR 73.810) as follows: eral Communications Commission shall sub- (H.R. 1147) to implement the rec- (1) With respect to those low-power FM mit a report to the Committee on Com- ommendations of the Federal Commu- stations licensed at locations that do not merce, Science, and Transportation of the nications Commission report to the satisfy third-adjacent channel spacing re- Senate and the Committee on Energy and quirements under section 73.807 of the Com- Commerce of the House of Representatives Congress regarding low-power FM serv- on the study conducted under subsection (a). ice, as amended. mission’s rules (47 CFR 73.807), the Federal Communications Commission shall provide (c) LICENSING NOT AFFECTED BY STUDY.— The Clerk read the title of the bill. Nothing in this section shall affect the li- The text of the bill is as follows: the same interference protections that FM translator stations and FM booster stations censing of new low-power FM stations as H.R. 1147 are required to provide as set forth in section otherwise permitted under this Act. Be it enacted by the Senate and House of Rep- 74.1203 of its rules (47 CFR 74.1203) as in effect The SPEAKER pro tempore. Pursu- resentatives of the United States of America in on the date of enactment of this Act. ant to the rule, the gentleman from Congress assembled, (2) For a period of 1 year after a new low- Virginia (Mr. BOUCHER) and the gen- SECTION 1. SHORT TITLE. power FM station is constructed on a third- tleman from Nebraska (Mr. TERRY) This Act may be cited as the ‘‘Local Com- adjacent channel, such low-power FM station munity Radio Act of 2009’’. each will control 20 minutes. shall be required to broadcast periodic an- The Chair recognizes the gentleman SEC. 2. AMENDMENT. nouncements that alert listeners that inter- Section 632 of the Departments of Com- ference that they may be experiencing could from Virginia. merce, Justice, and State, the Judiciary, and be the result of the operation of such low- GENERAL LEAVE Related Agencies Appropriations Act, 2001 power FM station on a third-adjacent chan- Mr. BOUCHER. Mr. Speaker, I ask (Public Law 106–553; 114 Stat. 2762A–111), is nel and shall instruct affected listeners to unanimous consent that all Members amended to read as follows: contact such low-power FM station to report ‘‘SEC. 632. (a) The Federal Communications have 5 legislative days in which to re- any interference. The Federal Communica- vise and extend their remarks and in- Commission shall modify the rules author- tions Commission shall require all newly izing the operation of low-power FM radio constructed low-power FM stations on third- sert extraneous material into the stations, as proposed in MM Docket No. 99– adjacent channels to— RECORD. 25, to— (A) notify the Federal Communications The SPEAKER pro tempore. Is there ‘‘(1) prescribe protection for co-channels Commission and all affected stations on objection to the request of the gen- and first- and second-adjacent channels; and third-adjacent channels of an interference tleman from Virginia? ‘‘(2) prohibit any applicant from obtaining complaint by electronic communication There was no objection. a low-power FM license if the applicant has within 48 hours after the receipt of such Mr. BOUCHER. Mr. Speaker, I yield engaged in any manner in the unlicensed op- complaint; and eration of any station in violation of section such time as he may consume to the (B) cooperate in addressing any such inter- chairman of the Energy and Commerce 301 of the Communications Act of 1934 (47 ference. U.S.C. 301). (3) Low-power FM stations on third-adja- Committee, the gentleman from Cali- ‘‘(b) Any license that was issued by the cent channels shall be required to address fornia (Mr. WAXMAN). Federal Communications Commission to a complaints of interference within the pro- Mr. WAXMAN. Mr. Speaker, I rise in low-power FM station prior to April 2, 2001, tected contour of an affected station and strong support of H.R. 1147, the Local and that does not comply with the modifica- shall be encouraged to address all other in- tions adopted by the Commission in MM Community Radio Act of 2009, and I terference complaints, including complaints Docket No. 99–25 on April 2, 2001, shall re- want to thank Chairman BOUCHER for main invalid.’’. to the Federal Communications Commission his leadership in guiding this bipar- based on interference to a full-service FM SEC. 3. MINIMUM DISTANCE SEPARATION RE- tisan bill through the committee. station, an FM translator station, or an FM QUIREMENTS. I also want to recognize and thank The Federal Communications Commission booster station by the transmitter site of a low-power FM station on a third-adjacent Mr. DOYLE and Mr. TERRY, the original shall modify its rules to eliminate third-ad- sponsors of the bill, for their efforts to jacent minimum distance separation require- channel at any distance from the full-service ments between— FM station, FM translator station, or FM expand diversity, localism, and com- (1) low-power FM stations; and booster station. The Federal Communica- petition in our media landscape. Mr. (2) full-service FM stations, FM translator tions Commission shall provide notice to the DOYLE has been a tireless advocate of stations, and FM booster stations. licensee of a low-power FM station of the ex- local community radio, and I greatly istence of such interference within 7 cal- SEC. 4. PROTECTION OF RADIO READING SERV- appreciate his leadership, flexibility, ICES. endar days of the receipt of a complaint from a listener or another station. and persistence. The Federal Communications Commission I’m pleased that the House is taking shall comply with its existing minimum dis- (4) To the extent possible, the Federal tance separation requirements for full-serv- Communications Commission shall grant up this important measure, as I have ice FM stations, FM translator stations, and low-power FM stations on third-adjacent long supported expanding low-power FM booster stations that broadcast radio channels the technical flexibility to reme- FM radio services. The bill removes a reading services via an analog subcarrier fre- diate interference through the colocation of statutory barrier to the creation of po- quency to avoid potential interference by the transmission facilities of the low-power tentially thousands of new low-power low-power FM stations. FM station and any stations on third-adja- stations across the country. The cre- SEC. 5. ENSURING AVAILABILITY OF SPECTRUM cent channels. ation of these stations will further the FOR LOW-POWER FM STATIONS. (5) The Federal Communications Commis- The Federal Communications Commission, sion shall— overriding national policy goals of pro- when licensing new FM translator stations, (A) permit the submission of informal evi- moting broadcast localism and diver- FM booster stations, and low-power FM sta- dence of interference, including any engi- sity. tions, shall ensure— neering analysis that an affected station I’m pleased that the bill includes (1) that licenses are available to FM trans- may commission; strong protections against unreason- lator stations, FM booster stations, and low- (B) accept complaints based on inter- able interference for incumbent radio power FM stations; and ference to a full-service FM station, FM broadcasters, as well as a clear dispute (2) that such decisions are made based on translator station, or FM booster station by resolution process should such inter- the needs of the local community. the transmitter site of a low-power FM sta- ference occur. I want to thank Na- SEC. 6. PROTECTION OF TRANSLATOR INPUT SIG- tion on a third-adjacent channel at any dis- NALS. tance from the full-service FM station, FM tional Public Radio for working with The Federal Communications Commission translator station, or FM booster station; the Energy and Commerce Committee shall modify its rules to address the poten- and in a constructive manner. I also want

VerDate Nov 24 2008 02:27 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.017 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14904 CONGRESSIONAL RECORD — HOUSE December 15, 2009 to commend the Prometheus Radio partisan way in support of this legisla- has been brought to the House floor. I Project, the United Church of Christ, tion. tremendously appreciate his work and and other supporters of low-power FM b 1300 the work of Mr. TERRY, his partner in services for their valuable input. this exercise. With the various stake- I urge my colleagues to support H.R. The authorization of the MITRE holders and with members of our sub- 1147. study really was important, and now committee, collectively, their work Mr. TERRY. Mr. Speaker, I yield my- we definitively know that there will be has resulted in our being able to self such time as I may consume. no interference caused by reducing the present this bill to the House today. As coauthor with Mr. DOYLE, I too required separation between new I also want to commend the bipar- rise in support of H.R. 1147, and it was LPFM broadcasts and existing full- tisan approach that we have taken in my pleasure to come to this floor to power broadcasts. our subcommittee and full committee discuss legislation that is the product I encourage all of my colleagues to in processing this measure. I commend of great bipartisanship. Congressman support this important community- Chairman WAXMAN and Ranking Mem- DOYLE and I teamed up in working on based legislation, and I am looking for- bers BARTON and STEARNS for the high- this low-power FM legislation, and the ward to it being enacted into law. ly cooperative manner in which we product that we have today here on the I reserve the balance of my time. have altogether advanced this measure. floor is a good one. We do believe this Mr. BOUCHER. I yield myself such Mr. Speaker, I reserve the balance of bill has the potential to revolutionize time as I may consume. my time. what Americans hear on their radios Mr. Speaker, the bill before the Mr. TERRY. Mr. Speaker, I yield 2 and that it will provide an exciting new House is the Local Community Radio minutes to the gentlewoman from Ten- platform for citizens to communicate Act of 2009. It was introduced by Rep- nessee (Mrs. BLACKBURN). with one another within their own resentatives DOYLE and TERRY, and it Mrs. BLACKBURN. I do thank the local communities and neighborhoods. will provide additional opportunities to gentleman from Nebraska, and I am Low-power FM radio offers people at create new low-power FM radio sta- thrilled to stand today in support of the local community level the oppor- tions by allowing their operation on the Local Community Radio Act. Mr. Speaker, this is an issue that I’ve tunity to broadcast when otherwise third adjacent channels to the full- been engaged in since my days in the they may not afford to do so. This is power radio stations. Tennessee State Senate. In an age of extremely important for noncommer- Low-power stations, which are com- consolidating radio stations and a com- cial groups like schools, churches, munity-based nonprofits which operate petitive marketplace for airtime, this neighborhood organizations. The abil- at 100 watts or less of power and which legislation will allow smaller groups to ity of those groups to broadcast their have a broadcast reach, typically, of be heard. Indeed, Chairman BOUCHER message contributes greatly to the only a few miles, play a unique role in has mentioned this, as has Mr. TERRY; overall betterment of our community our media. They are far more likely and it is an important reason for hav- and society as a whole. than their full-power counterparts to ing this low-power radio act available Many local and statewide organiza- be owned by women or minorities, and they are an important forum for local for our communities. tions are interested in obtaining low- Whether we are talking about the as- clergy, for educational institutions, power FM licenses, including the fol- piring blues performer in Memphis or and for a wide array of community lowing two in my district in Omaha, whether we are talking about an up- leaders to have a say on important Nebraska. and-coming country star in Nashville local issues. Wes Hall, who is the CEO of or whether we are talking about one of I want to commend the cooperative Suntaman Communications, says this our colleges or universities which is work of our colleagues Mr. DOYLE and legislation is a dream come true. ‘‘You getting on the air and showcasing some Mr. TERRY and of radio broadcasters cannot build a community without a of its local talent or some of its person- who are significant stakeholders in cohesive voice, and this will give a alities—or maybe it is some of our reli- voice to the voiceless.’’ He went on to this matter, as we have resolved the gious organizations or churches—it is a say: ‘‘Low-power FM is the beacon that concerns of local public broadcasting way for them to spread their messages. lights up the future for us, and bravo to stations that have a special need to This legislation does give a crucial Lee for championing’’—well, I don’t protect the numerous translator sta- voice to these communities. have to read that part. But Wes Hall tions that they operate from any local I was pleased that Mr. BOUCHER men- has been involved in the LPFM issue channel interference. Amendments tioned small businesses that are owned for years and believes this legislation that we adopted in the subcommittee by women and the number of women is the light that allows communities to consideration of the bill achieve that that we have seen move into the com- come together. protection. munications field because they had the ‘‘This is very exciting news,’’ said 100 Among other provisions, the bill di- ability to get to low-power stations Black Men of Omaha, Nebraska, Presi- rects the Federal Communications and to develop formats in programming dent Tim Clark. ‘‘Communities across Commission to allow the operation of that will help them to launch a dream the country will now have a real oppor- low-power FM stations on third chan- and actually innovate for our airwaves. tunity to increase the ability to effec- nel adjacencies to the full-power FM We have heard from a wide range of tively communicate issues, concerns, stations and FM translator and booster groups. They do stand in support of awareness campaigns, and to provide stations. It retains the FCC’s existing this. It is a pleasure to stand and sup- sensitive programming. North and minimum distance separation require- port the bill. I urge this Chamber to South Omaha will benefit positively ments for FM stations that provide move forward on passing this legisla- from this challenge to develop unified radio reading services for the visually tion. efforts for the betterment of their con- impaired. Mr. BOUCHER. Mr. Speaker, I yield stituents.’’ At the same time, the bill provides such time as he may consume to the I appreciate both Wes’ and Tim’s for remediation of interference com- sponsor of the bill, the gentleman from work on this issue as well as other plaints between low-power FM stations Pennsylvania (Mr. DOYLE). groups devoted to fulfilling the inter- and full-power stations as well as FM MR. DOYLE. I want to thank Chair- ests and needs of our community. translator and booster stations. The man BOUCHER and Chairman WAXMAN I do believe this legislation is about measure directs the FCC to conduct an for strongly supporting my bill, which empowering individuals who are mak- economic study of the effect of low- will give local communities across this ing a difference in Nebraska. As a power FM stations on full service com- country access to their airwaves. I am Member who, back in 2000, voted in mercial stations and to submit those grateful for the support that this bill favor of legislation to require a min- findings to the Congress within 1 year. has from both sides of the aisle, includ- imum of four intervals between radio I want to thank Mr. DOYLE for his ing from the bill’s lead cosponsor, my stations, I’m proud today to be able to tireless work on this measure. He has good friend LEE TERRY from Omaha. stand by my friend from Pennsylvania introduced this bill several times, and When the Federal Communications as well as all LPFM advocates in a bi- this is the first Congress in which it Commission created the low-power FM

VerDate Nov 24 2008 02:27 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.054 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14905 radio service, they sought to create oppose the bill. This bill has broad sup- pened without the work of Pete Tridish and portunities for new voices on the airport, and I will be adding into the Hannah Sassaman and Cory Fischer Hoffman waves and to allow local schools, RECORD these letters from almost a of the Prometheus Radio Project, Cheryl churches and other community-based dozen leaders from Catholic and Leanza now at the United Church of Christ, organizations to provide programming Protestant faiths, like the United Office of Communications, Michael Bracy of that would be responsive to local com- Church of Christ and the National As- the Future of Music Coalition, and Carol Pier- munity needs and interests. sociation of Evangelicals; a letter from son of the National Federation of Community Congress, however, passed the Radio two dozen national and local public in- Broadcasters. Broadcasting Preservation Act in 2000, terest, civil rights and local groups; an- Additionally, I must also thank the dozens of and many of those organizations were other letter from the Leadership Con- dedicated people who have long cared about prevented from communicating to ference on Civil Rights; and, finally, a their community’s ability to access their air- their members, supporters, and resi- letter from the National Federation of waves. That so many different groups support dents on the FM radio dial. That bill Community Broadcasters and the Pro- the bill is a testament to their dedication. Their called for a field study performed by metheus Radio Project, all of whom hard work will hopefully reap true rewards. the MITRE Corporation and for the strongly support the Local Community Thanks are due to Katherine Grincewich of the FCC to recommend to Congress what Radio Act. US Conference of Catholic Bishops, Amanda we should do. Mr. Speaker, the time has come for Huron, Diane Foglizzo, Sakura Saunders, In 2004, on a unanimous, bipartisan Congress to rewrite the law. The time Brandy Doyle, Jeanette Forman, Autumn basis and for a second time in Novem- has come to make the airwaves avail- Chacon, John Wenz, Sara Cederburg, ber 2007 and for a third time, once able to the people they serve. The time Halimah Marcus, Ian Smith, Anthony Mazza, again, in September of 2009, all five has come to bring low-power to the and Scott Pinkelman of the Prometheus Radio FCC commissioners agreed that Con- people. I ask my colleagues to support Project, artists Kendall Nordin and Nicole At- gress should lift the restrictions on the Local Community Radio Act. kins, and Amy Ray and Emily Saliers of The LPFM stations and should allow the My legislation makes a number of changes Indigo Girls, Gary Galloway, Director of the FCC to license new stations in more from the version reported out of the House Newton County Mississippi Emergency Man- communities. The bill we debate today, Energy and Commerce Committee. Some of agement Agency, Tim Stone of Portsmouth the Local Community Radio Act of these changes clarified intent, others came at Community Radio, Parul Desai, Kamilla 2009, does just that. the request of large commercial broadcasters. Kovacs and Andy Schwartzman of the Media Where they are allowed to exist Indeed, this version of the bill did not draw the Access Project, Beth McConnell, Chance Wil- under current law, LPFM stations have opposition of the largest group of commercial liams and Hannah Miller of the Media and De- proved to be a vital source of informa- broadcasters because they contributed several mocracy Coalition, Candace Clement, Ben tion during local or national emer- ideas that are included in this legislation. Scott and Joe Torres at Free Press, Corrine gencies. These stations promote the While I believe that the previous versions of Yu at the Leadership Conference on Civil arts and education from religious orga- the bill already provided strong protections for Rights and all others who have worked so nizations, community groups, organi- incumbent broadcasters, I accepted this com- hard to get the Local Community Radio Act so zations promoting literacy, and from promise language because it will finally lay far. many other civically oriented organi- their objections to rest. LOW-POWER FM RADIO: SUPPORTING MEDIA zations. In exchange for dropping their opposition to DIVERSITY 2009 LOCAL COMMUNITY RADIO Stations like KOCZ in Opelousas, my bill, incumbent broadcasters received a ACT (H.R. 1147) Louisiana, which is operated by the significant new form of protection for their sig- DEAR COLLEAGUE: We urge you to join us in Southern Development Foundation, is nals. This compromise requires LPFM stations support of media diversity by supporting a group active in the African American to fix any instance of interference to full power H.R. 1147, the Local Community Radio Act of community. This station broadcasts stations on the third adjacent channel, even 2009. This bipartisan legislation will increase public affairs shows, religious program- outside an incumbent station’s legally pro- the diversity of voices on our nation’s radio ming, hip-hop, and zydeco music 24 tected coverage area, also known as their airwaves by creating hundreds of low-power, hours a day. Zydeco music is central to contour. community radio stations in cities, towns the cultural heritage of the Acadiana I accepted this extremely unusual obligation and suburbs across the United States. region, but it has recently disappeared According to a report released by the non- to remediate interference outside of the broad- partisan media advocacy group Free Press, from the airwaves that have been caster’s legal coverage area, working with ex- people of color own just 7.7 percent of all dominated by commercial radio. perts at the FCC, I know that harmful inter- full-power AM and FM stations, yet they WQRZ, in Bay St. Louis, Mississippi, ference is extremely unlikely to occur in the make up 33 percent of the U.S. population. remained on the air during Hurricane real world. Currently, African Americans own 3.4 per- Katrina and served as the emergency I would not have accepted them if I believed cent; Latinos, 2.9 percent; Asian Americans, operations center for Hancock County they harmed the Low-Power FM radio service, 0.9 percent; and Native Americans, 0.3 per- during the worst storm there in a cen- and I will be sincerely disappointed if the cent of all full-power stations. In addition, tury. Commission does so with mistaken interpreta- despite making up 51 percent of the U.S. pop- Congress has to act on the commis- ulation, women only own 6 percent of all tions. radio stations. The study found the more sion’s recommendations; otherwise, Among the several changes, I’d like to ex- concentrated a local market, the less likely similar stations will be prevented from plain two of them, I accepted a request that there will be a minority or female owner. In operating in communities across Amer- the FCC complete a study looking into the 2008, the Minority Media & Telecommuni- ica—in communities like mine, which low-power FM radio service’s financial impact cations Council (MMTC) Road Map for Tele- are too large to have any slots for new on full-power commercial broadcasting. I know communications Policy found that minority LPFM stations at fourth adjacent, but that the FCC has already looked into this employment at non-minority owned, English could fit several at third adjacent. issue and I understand that the Senate spon- language radio news operations is about 0.4% Stations like Lightning Community or statistically zero, which is about where it sor’s intent is not to let this study delay imple- stood in 1950. As a uniquely local outlet, low- Radio and WMKP’s ‘‘The Roar’’ at mentation of the bill and licensing LPFM sta- power FM (LPFM) stations directly serve the Penn State’s Greater Allegheny cam- tions while this study is underway. needs of their communities by making sta- pus wanted to serve the McKeesport Second, in Section 5, I added the word tions possible for churches, schools, civil area in my district. The current law ‘‘new’’ to make clear that that section applies rights organizations and other community relegates them to Webcasting, but they to new licensing. While this refers to licensing groups. LPFMs provide a forum to discuss want to simulcast on the air as well. new stations, I do not believe that this lan- local issues and provide essential emergency We must pass this bill today to make guage should discourage the FCC from re- services during times of crisis. The following sure that that can happen. addressing the relationship between LPFMs LPFMs have shown their potential to bring My bill has undergone some changes vibrant, diverse programming to the air- and translators should it conclude that it is in waves: from the full committee, and the Na- the public interest. On WSBL–LP (98.1), in South Bend, Indiana tional Association of Broadcasters, as I have to thank the many people who have the local League of United Latin American well as National Public Radio, have re- worked on this issue for over a decade. First, Citizens (LULAC) chapter broadcasts Span- moved their objections and do not op- and foremost, this bill would not have hap- ish-language programming and music, public

VerDate Nov 24 2008 04:29 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.056 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14906 CONGRESSIONAL RECORD — HOUSE December 15, 2009 safety announcements, and English vocabu- LPFM licenses are granted to high schools, suffering or who need a little help to suc- lary lessons. churches, labor unions, nonprofits and civic ceed. Churches and communities of faith In Sacramento, KDEE–LP (97.7), licensed organizations—local institutions that under- have taken significant advantage of low to the California Black Chamber of Com- stand the needs of their communities. LPFM power radio as part of this.mission—approxi- merce, broadcasts extensive local news and stations give political, religious and civil mately half of all low power radio stations community affairs, providing an opportunity rights leaders a forum to discuss local issues. are licensed to churches or other houses of for local community leaders to get on the LPFM stations also provide essential emer- worship. In addition to allowing more oppor- air. gency services during times of crisis. tunities for people of faith operate a radio Marianne Knorzer, station manager at The Federal Communications Commission station, low power radio will also add new KRBS–LP in Oroville, California coordinates created LPFM stations in 2000 to serve the voices to the radio dial. It will allow for 50 volunteers to offer local programming to news and informational needs of local com- more equitable representation of people of its rural community, including everything munities. But Congress voted to limit the color and women, and at the same time pre- from Hmong language programming to number of LPFM stations after claims were serve. opportunities, for everyone—no mat- Reggae. made that these outlets might interfere with ter their views—to be heard. KAPU–LP (104.7), in Watsonville, CA, the signals of full-power FM stations. For this reason, we are calling on Congress prides itself on being the only radio station In 2003, the FCC commissioned a $2 million to act quickly to authorize the FCC to lion the U.S. mainland that broadcasts Hawai- taxpayer-funded study that found LPFM sta- cense more LPFM stations. We respectfully ian music 24 hours a day. tions cause no significant interference with ask you to support H.R. 1147 when it is Additional examples include: Radio Sur full-power stations. The FCC, in a unani- scheduled for a full floor vote. Sangam, in Hayward, CA south of Oakland, mous bi-partisan vote, called on Congress to Sincerely, which broadcasts using shortwave radio sig- lift the restrictions it placed on licensing Kristi S. Bangert, Executive Director for nals to South Asians. The community hoped LPFM stations. But the legislation has not Communication Services, Evangelical for a LPFM but Congress limited the service yet become law. Lutheran Church in America; Burton from densely populated areas such as Hay- For this reason, we are calling on Congress Buller, Director, Third Way Media; ward. The Society for the Preservation of to act quickly to authorize the FCC to li- Galen Carey, Director of Government Korean Culture and Language wanted a cense more LPFM stations. We respectfully Affairs, National Association of LPFM in the Chicago area. ask you to support H.R. 1147 when it is Evangelicals; The Rev. J. Bennett LPFM offers an important alternative to scheduled for a full floor vote. Guess, Executive Director, Office of the narrow terms of public debate that are Thank you, Communication, Inc., United Church of all too often promoted by large broadcasters. American Association of People with Christ; The Rev. Larry Hollan, General Given these trends, LPFM is an important Disabilities, (AAPD), Access Humboldt, Secretary, United Methodist Commu- means of transmitting the views of histori- American Federation of Musicians, nications; Most Reverend Gabino cally underrepresented voices. A recent re- Capitol Community TV—OR, CCTV— Zavala, Auxiliary Archbishop, Arch- port by the Leadership Conference on Civil Vermont, Chicago Media Action, Con- diocese of Los Angeles, Chairman, Rights titled, Low Power Radio: Lost Oppor- sumers Union, Free Press, Future of Communications Committee of the tunity or Success on the Dial, concluded Music Coalition, Industry Ears, Insti- United States Conference of Catholic that LPFM ‘‘represents the best opportunity tute for Local Self-Reliance, Inter- Bishops; Wesley M. Pattillo, Senior in years for diversity in radio broadcasting collegiate Broadcast System, and Program Director for Communication, and ownership.’’ Media Access Project. National Council of Churches; The Rev. In 2003, a congressionally authorized study Media Alliance, Media Bridges, National Jerry L. Van Marter, Presbyterian by the FCC determined that LPFM service Hispanic Media Coalition, National News Service, Chair, NCC Communica- could be expanded without causing signifi- Federation of Community Broad- tions Commission; Linda Walter, Direc- cant interference to full-power FM radio sta- casters, National Organization for tor, The AMS Agency, Seventh-day Ad- tions. As a result, the FCC urged Congress to Women, Native Public Media, New ventist Church. repeal the restrictions it placed on licensing America Foundation, Prometheus LPFM stations and recently voted unani- Radio Project, Public Knowledge, Re- DECEMBER 14, 2009. mously in support of this position. claim the Media, Rainbow PUSH, DEAR REPRESENTATIVES: The Prometheus Supporters of H.R. 1147 include: the Na- United Church of Christ, Office of Com- Radio Project and the National Federation tional Association of Evangelicals; United munication, Inc., and U.S. PIRG. of Community Broadcasters write to endorse Church of Christ; U.S. Conference of Catholic the version of the Local Community Radio Bishops; NAACP; National Hispanic Media DECEMBER 14, 2009. Act, H.R. 1147, which will come to a floor Coalition; National Bar Association; AFL– DEAR REPRESENTATIVES: We, as leaders vote in the House of Representatives this CIO; and emergency management agency di- representing many diverse religious tradi- week. The Local Community Radio Act will rectors. tions, urge you to vote in support of H.R. allow for hundreds of new, low power non- We encourage you to support the Local 1147, the Local Community Radio Act of 2009. commercial radio stations nationwide, oper- Community Radio Act (H.R. 1147) when it H.R. 1147, introduced by Representatives ated by churches, schools, non-profit organi- comes to the floor for a vote. By doing so, Mike Doyle and Lee Terry will help increase zations, and public safety agencies. Incumbent commercial broadcasters have you will support localism, choice, and diver- the number of Low Power FM radio stations agreed to drop their opposition to the bill in sity on the radio. If you have any questions, in our country. We are particularly grateful exchange for a significant new form of pro- please contact Kenneth DeGraff with Rep. for the strong bipartisan support this meas- tection for their signals. This compromise Mike Doyle at 5–2135 or Brad Schweer with ure has received in the House Energy & Com- fully protects full power stations from inter- Rep. Lee Terry at 5–4155. merce Committee and we look forward to its ´ ference by new low power radio stations, NYDIA M. VELAZQUEZ. ultimate passage into law. The compromise even outside an incumbent station’s legally version of H.R. 1147 coming to the House protected coverage area. As representatives DECEMBER 7, 2009. floor this week is the one that should be of low power radio broadcasters, we have ac- DEAR REPRESENTATIVE: The undersigned adopted by the House and ultimately passed cepted this extremely unusual obligation to organizations urge you to vote in support of into law. remediate interference because we know H.R. 1147, the Local Community Radio Act of Low power FM (LPFM) stations are that such interference is extremely unlikely 2009. H.R. 1147, introduced by Representa- uniquely local outlets that directly serve to occur in the real world. A Congression- tives Mike Doyle and Lee Terry will help in- their communities. LPFM licenses are grant- ally-mandated independent technical study crease the number of Low Power FM radio ed to churches, high schools, labor unions, has shown that the low power radio stations stations in our country. Passage of this bill non-profits, and civic organizations that un- authorized by this legislation would not will result in the creation of hundreds—if derstand and serve the needs of their local cause harmful interference, and all five FCC not thousands—of new local radio stations in communities. LPFM stations give local lead- Commissioners have reaffirmed the FCC’s towns and cities across the country. We are ers, including politicians, clergy, community longstanding confidence in this legislation particularly grateful for the strong bipar- elders and young people a uniquely local as safe for the existing FM service. tisan support this measure has received in forum to discuss local issues. Moreover, While the latest changes are superfluous, the House Energy & Commerce Committee LPFM stations have a track record of pro- since earlier versions of the bill already pro- and we look forward to its ultimate passage viding essential emergency services during vided appropriate protections for incumbent into law. We ask you to support the com- times of crisis. Since its inception in 2000, broadcasters, we support this compromise promise bill that will be on the floor on approximately 800 LPFM stations have been language because it will finally put to rest Tuesday, December 15. authorized around the country. But the FCC the objections of the National Association of Low Power FM (LPFM) stations are non- requires Congressional action to fully imple- Broadcasters. The bill also includes consider- commercial stations that operate at 100 ment the program. able changes made during the House sub- watts or less—with a broadcast radius of ap- People of faith are well-known for their committee markup to address the concerns proximately three to five miles. As uniquely strong participation in civic society—play- of National Public Radio. With the latest local outlets, LPFM stations directly serve ing an important role in making our commu- compromise, low power radio advocates have their communities. nities stronger and lifting up those who are addressed every remotely plausible issue

VerDate Nov 24 2008 04:29 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\CR\FM\A15DE7.022 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14907 raised by low power radio’s former oppo- If you have any questions, please contact civil rights, and community leaders. In times of nents. Corrine Yu, LCCR Senior Counsel, or Nancy crisis, like public radio stations, they may also We would like to thank the offices of Rep- Zirkin regarding this or any issue. provide essential emergency services. I am resentatives Mike Doyle and Lee Terry, as Sincerely, pleased Congress is acting to strengthen the well as Chairman Rick Boucher and Chair- WADE HENDERSON, man Henry Waxman, for their tireless work President & CEO. ability of these stations to operate responsibly. in bringing both sides to a final version of NANCY ZIRKIN, This bill is the result of years of negotiations the legislation that everyone can accept. Executive Vice President. between commercial broadcasters, public Communities across the country have been Mr. TERRY. I appreciate your ef- broadcasters, and Congress. I appreciate the waiting for more than a decade for the op- forts, Mr. DOYLE. efforts of all, including National Public Radio portunity to apply for their stations. The Mr. Speaker, Mr. DOYLE mentioned a (NPR) and the National Association of Broad- time for compromise and delay is over. We casters, NAB, to work together to craft this urge support for the bill in the House and variety of religious organizations that full passage—without change—by the Sen- support this, and I found the same product. The result is a bill that balances the ate. thing in my community. needs of incumbent stations to protect their Sincerely, I want to yield 2 minutes to the gen- signals with an opening up of the airwaves to PETE TRIDISH, tleman from South Carolina (Mr. WIL- smaller, more diverse operators. Executive Director, SON) who, in fact, wants to speak on I look forward to moving this compromise Prometheus Radio that aspect of our low-power commu- forward, and to strengthened programming in Project. nity radio. our communities. CAROL PIERSON, Mr. WILSON of South Carolina. Mr. Mr. TERRY. Mr. Speaker, I have no President & CEO Na- further speakers, so I yield back the tional Federation of Speaker, I rise today in support of H.R. Community Broad- 1147, the Local Community Radio Act balance of my time. casters. of 2009. Mr. BOUCHER. Mr. Speaker, we also I appreciate the leadership of Con- have no further requests for speakers, LEADERSHIP CONFERENCE gressman LEE Terry of Nebraska on and I yield back the balance of my ON CIVIL RIGHTS, this important issue. time. Washington, DC, December 14, 2009. Passage of this bipartisan legislation The SPEAKER pro tempore. The Re Support the Local Community Radio Act is vital to expanding the availability of question is on the motion offered by of 2009 (H.R. 1147) noncommercial, low-power—LPFM— the gentleman from Virginia (Mr. BOU- DEAR REPRESENTATIVE: On behalf of the radio stations to towns and cities CHER) that the House suspend the rules Leadership Conference on Civil Rights across our country. This legislation re- and pass the bill, H.R. 1147, as amend- (LCCR), the nation’s oldest, largest, and peals certain restrictions which limit ed. most diverse civil and human rights coali- broadcast capabilities for low-power The question was taken. tion with nearly 200 member organizations, we urge you to support H.R. 1147, the bipar- FM stations. Expanding LPFM licenses The SPEAKER pro tempore. In the tisan Local Community Radio Act of 2009, will make owning a radio station pos- opinion of the Chair, two-thirds being when it comes to the floor to a vote. The sible for churches, synagogues, schools, in the affirmative, the ayes have it. version being considered by the House of emergency responders, and other com- Mr. BOUCHER. Mr. Speaker, I object Representatives should be adopted into law. munity groups that best understand to the vote on the ground that a H.R. 1147, introduced by Representatives the needs of their local communities. quorum is not present and make the Mike Doyle (D–PA) and Lee Terry (R–NE), These stations give civic, clergy, and point of order that a quorum is not will help increase the number of Low Power community leaders a forum to discuss present. FM (LPFM) stations in our country by authorizing the Federal Communications Com- local issues and to provide essential The SPEAKER pro tempore. Pursu- mission (FCC) to license thousands of LPFM emergency services during times of cri- ant to clause 8 of rule XX and the radio stations in cities, towns, and suburbs sis. Hundreds of churches and min- Chair’s prior announcement, further across the country. In an era of mass media istries already rely on LPFM stations proceedings on this motion will be consolidation, LCCR believes that it is im- to get their messages out; but, unfortu- postponed. portant to preserve this avenue through nately, service is currently limited The point of no quorum is considered which diverse viewpoints can be represented only to rural areas and is frequently withdrawn. over the public airwaves. limited to property lines. f LPFM refers to community-based, non- I urge Members to pass H.R. 1147, profit radio stations that operate at 100 which will move to expand low-power COMMERCIAL ADVERTISEMENT watts or less and have a broadcast reach of LOUDNESS MITIGATION ACT only a few miles. Since 2000, the FCC has FM radio for churches, synagogues, awarded more than 800 LPFM licenses to schools, community groups, and emer- Mr. BOUCHER. Mr. Speaker, I move civil rights organizations, schools, and gency responders in the United States. to suspend the rules and pass the bill church groups. By authorizing even more Mr. BLUMENAUER. Mr. Speaker, I’m (H.R. 1084) to require the Federal Com- LPFM licenses, H.R. 1147 will help ensure pleased to support HR. 1147, the ‘‘Local Com- munications Commission to prescribe a that all segments of society have the oppor- munity Radio Act,’’ a bipartisan measure to re- standard to preclude commercials from tunity to participate fully in the broadcast vitalize the local, public interest radio program- communications environment in two impor- being broadcast at louder volumes than tant ways: by enhancing diverse viewpoints ming that is so important to communities na- the program material they accompany, and by enhancing diverse ownership. tionwide. as amended. LCCR has long regarded expanding minor- The broadcast spectrum, after all, belongs The Clerk read the title of the bill. ity and female ownership in media as an im- first and foremost to the American people. I The text of the bill is as follows: portant goal because of the powerful role the continue to believe that public access to these H.R. 1084 media plays in the democratic process, as resources and quality, local programming well as in shaping perceptions about who we Be it enacted by the Senate and House of Rep- should be readily available to all. In the 106th resentatives of the United States of America in are as individuals and as a nation. By pro- Congress, we established the bipartisan Public viding community leaders the opportunity to Congress assembled, have a voice on the public airwaves where no Broadcasting Caucus to highlight the unique SECTION 1. SHORT TITLE. such opportunity previously existed, LPFM and invaluable contributions of public radio This Act may be cited as the ‘‘Commercial radio will help promote greater diversity on and television stations and programs. Public Advertisement Loudness Mitigation Act’’ or the public airwaves. Broadcasters provide valuable commercial- the ‘‘CALM Act’’. While Latino Americans, African Ameri- free educational, informational, and cultural SEC. 2. RULEMAKING ON LOUD COMMERCIALS cans, Asian Americans, and Native Ameri- programming for communities all across the REQUIRED. cans make up one-third of the U.S. popu- country, as well as emergency alerts. (a) REGULATION REQUIRED.—Within 1 year lation, they own only 7.2 percent of all full- Complementing these efforts are our coun- after the date of enactment of this Act, the power radio and TV stations. Women make Federal Communications Commission shall up 51 percent of the U.S. population, yet own try’s local, low-power FM radio stations. These prescribe pursuant to the Communications less than 6 percent of full-power commercial stations, whose signals only operate in a Act of 1934 (47 U.S.C. 151 et seq.) a regulation radio and TV stations. We believe there is a three-to-five mile radius, serve as vibrant com- that is limited to incorporating by reference direct connection between those who own munity resources. These small operators in- and making mandatory (subject to any waiv- these stations and the content they produce. clude all manner of local politicians, clergy, ers the Commission may grant pursuant to

VerDate Nov 24 2008 04:29 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.025 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14908 CONGRESSIONAL RECORD — HOUSE December 15, 2009 subsection (b)(2)) the ‘‘Recommended Prac- again in order to restore the volume most common complaints. Complaints tice: Techniques for Establishing and Main- when the program that the commercial continue to come into the FCC today. taining Audio Loudness for Digital Tele- attends resumes. It is very frustrating. In fact, in the 25 quarterly reports on vision’’ (A/85), and any successor thereto, ap- It’s an annoying experience, and some- consumer complaints that have been proved by the Advanced Television Systems released since 2002, 21 have listed com- Committee, only insofar as such rec- thing really should be done about it. plaints about the, quote, abrupt ommended practice concerns the trans- b 1315 mission of commercial advertisements by a changes in volume during transition television broadcast station, cable operator, Other countries, including Australia, from regular programming to commer- or other multichannel video programming Brazil, Israel, the United Kingdom and cials as among the top consumer griev- distributor. France all have regulations addressing ances regarding radio and television (b) IMPLEMENTATION.— the volume on television commercials, broadcasting. So as we can tell, this is (1) EFFECTIVE DATE.—The Federal Commu- and with the bill that is now before the a top issue for consumers. nications Commission shall prescribe that House, we have the opportunity to con- Now this issue is a little bit more the regulation adopted pursuant to sub- fer on American TV viewers a similar complex than it appears. Many dif- section (a) shall become effective 1 year after ferent entities are responsible for pro- the date of its adoption. benefit. (2) WAIVER.—For any television broadcast We can take this step in a way that ducing and distributing the content station, cable operator, or other multi- the industry finds acceptable. The tele- that consumers hear and see in their channel video programming distributor that vision industry-based Advanced TV living rooms. Each element may be re- demonstrates that obtaining the equipment Systems Committee has developed the corded and provided at a different re- to comply with the regulation adopted pur- technical standards that are appro- spective volume level. Moreover, shows suant to subsection (a) would result in finan- priate to control variations in commer- and movies have a dynamic sound cial hardship, the Federal Communications cial loudness. The industry has ap- range to cover everything from a quiet Commission may grant a waiver of the effec- scene to a huge explosion. Commer- tive date set forth in paragraph (1) for 1 year proved that standard and the bill before us directs the Federal Communica- cials, meanwhile, tend to have a nar- and may renew such waiver for 1 additional row sound range. Volume levels are year. tions Commission to incorporate that (c) DEFINITIONS.—For purposes of this sec- standard in a rulemaking. typically set for the programming, tion— A waiver from the rule is available which can simply throw off the volume (1) the term ‘‘television broadcast station’’ for any television station that can levels for the commercial. But as I has the meaning given such term in section show financial hardship in making the pointed out earlier, now we have a so- 325 of the Communications Act of 1934 (47 changes to its equipment needed in lution in place because the transition U.S.C. 325); and order to comply with the terms of the to digital has made that possible. (2) the terms ‘‘cable operator’’ and ‘‘multi- Two years ago, the Advanced Tele- channel video programming distributor’’ rule. Some may say that there is no need vision Systems Committee established have the meanings given such terms in sec- a Subgroup on Digital Television Loud- tion 602 of Communications Act of 1934 (47 to take this step, but I think that the U.S.C. 522). American public is going to react very ness. Now it is this subgroup, consisting of leading experts in audio tech- The SPEAKER pro tempore. Pursu- differently and in a very supportive nology who participated together from way. In fact, I think that the CALM ant to the rule, the gentleman from all the major broadcast networks, Act has the potential to rival in popu- Virginia (Mr. BOUCHER) and the gen- cable, production and post-production larity the Do Not Call List that was tleman from Florida (Mr. STEARNS) companies, manufacturing and edu- adopted by this Congress several years each will control 20 minutes. cation; all these very bright, talented, ago. That act, as most will recall, pro- The Chair recognizes the gentleman highly technical people got together in tected against unwanted commercial from Virginia. this subgroup. They established a way telephone calls. This will protect GENERAL LEAVE to solve the problem. And since it was against intrusive higher volume levels Mr. BOUCHER. Mr. Speaker, I ask established, these audio technology ex- that attend television commercials. unanimous consent that all Members perts have crafted a hard-fought con- I want to commend the gentlewoman may have 5 legislative days in which to sensus on a recommended practice that from California. She has shown great revise and extend their remarks and to should be employed across the TV in- insert extraneous material into the leadership in bringing this measure be- dustry to deal with the complaint that RECORD. fore the House. She has worked with consumers have made for almost 50 The SPEAKER pro tempore. Is there the industry and the members of our years. I trust the collective wisdom of objection to the request of the gen- subcommittee as we have revised the these technical experts—it is done by tleman from Virginia? bill in order to achieve the broad con- the private sector—and Subgroup’s There was no objection. sensus that it enjoys today. hard work to craft a solution to the TV Mr. BOUCHER. I yield myself such It is my privilege to encourage ap- loudness issue should be commended. time as I may consume. proval by the House of the CALM Act, Let me say a few more comments (Mr. BOUCHER asked and was given and I reserve the balance of my time. about this. There are going to be some permission to revise and extend his re- Mr. STEARNS. Mr. Speaker, I yield small cable companies, broadcasters, marks.) myself such time as I may consume. who are going to have a difficult time Mr. BOUCHER. Mr. Speaker, the bill This bill, H.R. 1804, the Commercial complying with this. Remember, now, before the House is the Commercial Advertisement Loudness Mitigation after 1 year, the FCC is going to take Advertisement Loudness Mitigation Act, or the CALM Act, is a bill whose this directive that the Advanced Tele- Act, or in short, the CALM Act. It sets time has come and perhaps because the vision Systems Committee established standards on the permissible volume transition to digital has created the and is going to make it industry-wide. levels for commercials aired on tele- perfect opportunity for industry to Now some of these small companies are vision, and it is patroned by our col- take care of this. But they did not take going to complain that they can’t af- league on the Energy and Commerce care of this for some 40 years. The bill ford to implement it. In the bill, there Committee, the gentlewoman from would require the Federal Communica- is a 1-year extension for those small California (Ms. ESHOO). It addresses in tions Commission to issue regulations, companies, and if it turns out they still an appropriate manner a major con- based on industry standards, for loud can’t make it, there is another exten- sumer complaint. commercial advertisements within 1 sion. So now we have the majority of We have all experienced the frustra- year of enactment. The regulation the industry able to do this, but we tion of TV commercials blaring well would take effect 1 year after adopted have set aside within the bill a safety above the volume levels of the pro- by the FCC. hardship in which they just dem- grams that accompany them on broad- According to testimony at a June onstrate they can’t do it for financial cast television. After scrambling for Energy and Commerce hearing, con- reasons and they will be left to have the remote control and after turning sumer complaints about loud commer- another year to meet the standards. down the volume on the commercials, cials have been streaming into the FCC So in a sense, Mr. Speaker, I think we then have to pick up the remote as far back as 1960 and are among the we have a solution to a problem that

VerDate Nov 24 2008 04:29 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.019 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14909 has been one of the biggest complaints economic health of licensees and the The technical fix is long overdue and with the FCC all these years; and so importance of smaller stations and pro- under the CALM Act, as amended, con- with that in mind, I urge my col- viders. The Advanced Television Sys- sumers will be in the driver’s seat. I leagues to support H.R. 1804, and I re- tems Committee, or the ATSC, a body look forward to the passage of this bill, serve the balance of my time. that sets technical standards for dig- and most importantly so do millions of Mr. BOUCHER. Mr. Speaker, at this ital television, has developed a solu- other consumers and our constituents time I am pleased to yield such time as tion to the problem of the varied vol- across the country. she may consume to the sponsor of the ume between commercials and pro- Mr. STEARNS. Mr. Speaker, I yield bill, the gentlelady from California gramming, with one stream that keeps myself such time as I may consume. (Ms. ESHOO). the volume uniform. Let me just perhaps move a little fur- Ms. ESHOO. I would like to begin by The bill directs the FCC to adopt ther. The gentlelady from California thanking the chairman of our sub- these engineering standards as manda- mentioned that a lot of people had committee, Mr. BOUCHER, for his con- tory rules within 1 year. These stand- said, well, why does Congress have to sistent support and cooperation to help ards were not in the works until we in- get involved? That has been brought bring the bill through the committee. I troduced this legislation in the last before me before. And I would say—and doubt that we would be here today Congress, so I am pleased to have en- this is a compliment to the lady from were it not for that. And I want to rec- couraged the industry to find the an- California—what she did with her bill. ognize and thank the ranking member swer to this problem so we don’t have Her bill originally directed the FCC of our subcommittee for the work that to wait another 50 years for a solution. to write its own rules, but she reached he has put into this as well and the I look forward to voluntary and im- out to industry and engaged them, suggestions that he made in order to mediate adoption of the standards by which is a commendation for her, and bolster the bill and to make it immi- broadcasters, cable, satellite and all asked them, Well, how can we solve nently workable. I also want to thank, multichannel program providers. But this? So for those people who say, Why of course, the chairman of the full the bill exists because we know that can’t industry solve it?, she was an im- committee, the gentleman from Cali- voluntary compliance or adherence to petus to do this, and her bill is further- fornia (Mr. WAXMAN), for his support. consumer needs has been a failure and more an impetus to do this, because Mr. Speaker, I rise today to ask my we need to assure enforcement to pro- now industry developed a subgroup, the colleagues to vote in favor of this bill tect the rights of consumers. The bill subgroup came up with the technology which is designed to eliminate the ear- also requires cable and satellite opera- to be able to solve the problem, and splitting levels of television advertise- tors to install the engineering fix nec- now she’s saying basically, let industry ments and return control of television essary to ensure that the sound is mod- solve the problem and let the FCC sound modulation to the American ulated. adopt what they’ve come up with. consumer. I first introduced the Com- The bill is not inflexible. It heeds the b 1330 mercial Advertisement Loudness Miti- call by industry for a compliance grace gation Act, called the CALM Act, more period. Those affected, and I think it’s Another thing that I think came than 3 years ago. This is something very reasonable, will have 1 year after through the process which is also, I that many of our constituents now the FCC adopts the rule for purchase think, a compliment to her was that refer to in their shorthand as the Loud and installation of the ATSC standard- she was willing to realize that some in Commercial Law. I have heard loud and based equipment, and the FCC may the industry, some of the smaller com- clear from people across the country. grant up to two successive 1-year waiv- panies, might have a financial problem We have consumers across the country ers for financial hardship. Small sta- with this, so she was willing to change that are with us and would like to see tions and cable operators certainly the bill to allow this, I’ll call it a safe- this accomplished. should be able to comply within 3 ty valve, for those small companies The premise of the bill then, as now, years, plus the amount of time it takes that can’t make it, that petition the was really simple; and in an era of the FCC to adopt and release the rules. SEC to get a delay so that they have 1 1,000- or 1,800-page bills, this is a 2-page I have read the minority comments year and possibly another year. bill, and it is to make the volume of that have been filed relative to the bill, So I think what this bill shows to commercials and programming uni- and I want to answer directly the con- those people who say why can’t we just form so that consumers control the cerns of some of my colleagues about let the industry solve it, I think the sound. The problem has existed for the necessity of the bill, so I want to simple fact that she went out and en- more than 50 years, when television ad- reiterate the following: gaged them, they developed a subgroup vertisers first realized that consumers First, I think the bill is necessary be- working with the industry, as she did, often left the room when commercials cause we need a mandatory enforce- works it in a way that industry is solv- were playing. They used the loud comment tool, and I stated that earlier. ing their own problem, but they also mercials as a gimmick to grab the at- Volunteerism hasn’t worked for 50 realize, after all these years, going tention of consumers, even as they years. back to the 1960s, and these com- moved to other parts of their home. Second, the bill makes the ATSC plaints, something’s got to be done. But for anyone who can’t get to the standards applicable to all FCC licens- And I think many of us, in the last mute button fast enough, we know that ees, and that includes satellite and weekend watching football games, can we are all subjected to blasting ads. cable providers as well as broadcasters. remember that time we had to get up For those with sensory difficulties, the The voluntary standards as written with the remote and turn it off. And loud commercials are more than just only apply to broadcasters. you can say, well, that’s fine; just turn an annoyance. Sound spikes can harm Thirdly, the bill matters to our con- it off. But it’s constantly an irritant hearing and sometimes they are pain- stituents, and I think that that’s what when you have to do it. And we’ve got fully loud. really matters the most, and it stands all the new bowl games coming up. This issue, as my colleagues have ref- as proof that Congress can listen to So I think the aspect about that we erenced, is also one of the top com- their concerns. all should realize is that Ms. ESHOO plaints, consistently one of the top Fourthly, it has been said that Con- also was willing to change the bill and complaints, from consumers across the gress has better things to do. I have reach out and work with industry to country to the Federal Communica- never suggested that this solves the get this done, and to also provide the tions Commission. This bill is going to great challenges that face our country safety valve. So I think that’s an im- bring a measure of relief to the Amer- today. As I said, it’s a 2-page bill, but portant aspect to bring to the atten- ican consumer. It is also, I think, an it is something that has been left unat- tion of my colleagues, how this bill important step in identifying the need tended to for half a century and I think works I think in a way to help indus- to make broadcasters and video pro- the time has come that we end the try. viders responsible for answering to con- practice of consumers being blasted out Mr. Speaker, I have no further speak- sumers at the most basic level. I cre- of their seats when they’re listening to ers, so I yield back the balance of our ated this bill taking into account the their favorite programming. time.

VerDate Nov 24 2008 02:27 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.092 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14910 CONGRESSIONAL RECORD — HOUSE December 15, 2009 Mr. BOUCHER. Mr. Speaker, I yield my remote control. On those grounds, I have may have 5 legislative days in which to to myself 30 seconds. to give this measure a thumbs down. revise and extend remarks and include Mr. Speaker, I simply want to take Mr. BOUCHER. Mr. Speaker, we also extraneous material in the RECORD. this time to thank the gentleman from have no further requests for time. I The SPEAKER pro tempore. Is there Florida (Mr. STEARNS) for the bipar- yield back the balance of our time and objection to the request of the gentle- tisan way in which we have processed urge passage of the bill. woman from California? this measure through our committee, The SPEAKER pro tempore. The There was no objection. and for his strong support of the meas- question is on the motion offered by Mrs. CAPPS. Mr. Speaker, I yield to ure that we bring to the floor this the gentleman from Virginia (Mr. BOU- myself such time as I may consume. afternoon. The work on this bill is re- CHER) that the House suspend the rules Mr. Speaker, I rise today in support flective of the best traditions of our and pass the bill, H.R. 1084, as amend- of House Resolution 971. This resolu- committee, where we work out prob- ed. tion expresses the sense of the House of lems, we resolve concerns within the The question was taken; and (two- Representatives that the U.S. Preven- confines of the committee process, and thirds being in the affirmative) the tive Services Task Force guidelines rules were suspended and the bill, as we do so in a collaborative way, with would not prohibit an insurer from pro- amended, was passed. people on both sides of the aisle par- viding coverage for mammography A motion to reconsider was laid on services beyond those recommended by ticipating in that effort. And in no the table. matter has that spirit of cooperation the task force. been better reflected than in the way f It further states that these guide- we have processed and handled this bill BREAST CANCER SCREENING lines should not be used by insurers to today. So I want to thank Mr. STEARNS GUIDELINES deny coverage for these services. and his colleagues on the Republican Mrs. CAPPS. Mr. Speaker, I move to It also expresses the sense of the side for that outstanding bipartisan co- suspend the rules and agree to the reso- House that the National Cancer Insti- operation. lution (H. Res. 971) expressing the sense tute should continue to invest and pro- Mr. BARTON of Texas. Mr. Speaker, I rise of the House of Representatives regard- vide leadership regarding research to in opposition to the CALM Act. ing guidelines for breast cancer screen- develop more effective screening tools While I, too, would like to have someone ing for women ages 40 to 49. and strategies for improving the detec- turn down the TV when it gets loud, I’ve al- The Clerk read the title of the resolution of breast cancer. ready given that job to my thumb. As a result, tion. On November 16, 2009, the U.S. Pre- I only need one Member of Congress at work The text of the resolution is as fol- ventive Services Task Force issued a on this vital problem, not 435. I appreciate Ms. lows: series of six recommendations regard- ESHOO’S efforts to protect America’s ears from H. RES. 971 ing breast cancer screening, three of loud commercials and our thumbs from arthri- Whereas the United States Preventive which pertain to mammography tis brought on by overuse, but writing a law to Services Task Force (USPSTF), an inde- screening among women of various age do so seems a stretch. pendent panel of experts in primary care pre- groups. At a recent hearing in our En- The bill adopts into Federal law the industry- vention and evidence-based medicine, issued ergy and Commerce Committee’s developed standards that are already being guidelines on November 16, 2009, regarding Health Subcommittee, the task force implemented, and consumers do not need the mammography screening for women, includ- representatives acknowledged that ing women age 40 to 49; they should have done a better job government to function as remote volume con- Whereas these guidelines reflect a change trols for them. Simply put, the private sector from USPSTF mammography recommenda- communicating their findings to the already has acted on this noisy nuisance. tions issued in 2002; public. Unfortunately, this failure in If you’re not convinced that having a reliable Whereas the new guidelines have caused communication has led to much con- and fully functioning thumb is better for both concern among many health providers and cern and confusion about what their you and the Nation than having a fully func- confusion among many women age 40 to 49; findings and recommendations are and tioning bureaucracy to adjust your TV’s sound, Whereas the Department of Health and what the implications would be. there’s also this: Many entities are responsible Human Services has stated that while the Mr. Speaker, this task force is not for producing and distributing the content that USPSTF has presented some new evidence suggesting that women in their forties for consideration, the policies of the Depart- forego mammography. The task force we all see and hear. Broadcast affiliates, net- ment remain unchanged; and works, and cable, satellite, and phone compa- Whereas the Department of Health and is recommending that women in their nies then transmit the content. Each element Human Services has stated that there is a forties determine when to begin screen- of the programming may be recorded and pro- great need for more evidence, more research, ing and base this decision on a con- vided to the distributors at different volume and more scientific innovation to help versation with their doctors or health levels. Moreover, shows and movies have a women prevent, detect, and fight breast can- providers. And we can all agree that broad, dynamic sound range to cover every- cer: Now, therefore, be it women in their forties should have ac- Resolved, That it is the sense of the House cess to mammography if these women thing from explosions in a car chase to law- of Representatives that— yers whispering to juries. Commercials, mean- (1) the guidelines of the United States Pre- and their physicians decide it’s right while, tend to have a narrow sound range, and ventive Services Task Force (‘‘USPSTF’’) for them. I think we can also agree they can blare and annoy when they suddenly would not prohibit an insurer from providing that while mammography is still the follow a movie scene that was putting you to coverage for mammography services in addi- best tool that we have to detect breast sleep. tion to those recommended by the USPSTF cancer in its earliest stages, it is, by The technical challenges presented by and should not be used by insurers to deny every means, an imperfect tool. We these facts are significant, but with the transi- coverage for services that are not rec- need continued research into more ef- ommended on a routine basis; and fective screening tools and strategies tion to digital television, industry has re- (2) the National Cancer Institute should sponded. On November 5, the Advanced Tele- continue to invest and provide leadership re- to improve the detection of breast can- vision Systems Committee, ATSC, announced garding research to develop more effective cer. the approval of the ‘‘ATSC Recommended screening tools and strategies for improving Breast cancer is the second most Practice: Techniques for Establishing and detection of breast cancer. common cancer among United States Maintaining Audio Loudness for Digital Tele- The SPEAKER pro tempore. Pursu- women, and it is the leading cause of vision.’’ These standards provide guidance to ant to the rule, the gentlewoman from cancer death for women between the the industry, and focus on audio measure- California (Mrs. CAPPS) and the gentle- ages of 29 and 59. This year, new cases ment, production and postproduction moni- woman from Tennessee (Mrs. of breast cancer among American toring techniques, and methods to control BLACKBURN) each will control 20 min- women will reach an estimated 192,370, loudness for content delivery. utes. and over 40,000 women will die from I want to commend my friend, Ms. ESHOO, The Chair recognizes the gentle- breast cancer this year. The American for working with all the relevant parties and for woman from California. Cancer Society estimates that one in 8 amending her bill to acknowledge the indus- GENERAL LEAVE women will have invasive breast cancer try’s work. In my opinion, however, there is no Mrs. CAPPS. Mr. Speaker, I ask at some point in her lifetime. These reason for Congress to get between me and unanimous consent that all Members statistics illustrate that breast cancer

VerDate Nov 24 2008 02:27 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.062 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14911 continues to be a major health issue, solid first step. However, I do believe to their risk of death from breast cancer despite recent declines in breast cancer strike at the heart of the problem we, by 14 percent. As a result, many young mortality rates. indeed, need to move forward on a mo- women and health care providers have But beyond these statistics, cancer is tion to instruct conferees to make cer- been left feeling uncertain and con- a very personal situation for many of tain that we revisit this issue. cerned. us in this Chamber, whether it has af- Under the Democrats’ bill, the task Recommendations like those the fected a mother, a daughter, a wife, a force will set government policy and task force made are supposed to pro- friend, a colleague or, as it has for me, will determine what is covered and vide clarity for doctors and their pa- my own sister. I want to commend my make it illegal for plans to cover other tients. Unfortunately, the guidelines colleague, DEBBIE WASSERMAN items. All recommendations of the Pre- issued by the task force left most SCHULTZ, for introducing this resolu- ventive Services Task Force and the women and oncologists baffled. Cur- tion and for being so forthcoming Task Force on Community Preventive rently, there is no available breast can- about her very personal experience Services as in existence on the day becer screening tool that is perfect, but being diagnosed with and treated for fore the date of the enactment of this what is clear is that intervention breast cancer. act—which would be H.R. 3962—shall be through routine screening for breast I reserve the balance of my time. considered to be recommendations of cancer using mammography can save Mrs. BLACKBURN. Mr. Speaker, I do the Task Force on Clinical Preventive the lives of women at a time when rise in support of the resolution, and I Services. medical science is unable to prevent yield myself such time as I may con- Mr. Speaker, in order to prevent any this disease. sume. type of rationing, that is why we need b 1345 I am pleased to see this resolution to take even further steps. I commend before us, and I want to commend Con- At the end of the day, mammography my colleagues for their diligent work screening saves lives. And I offer this gresswoman WASSERMAN SCHULTZ and on this issue. It is the right first step, resolution to underscore the House’s also Congresswoman CAPPS for their and I encourage all of us to continue to work on this issue. I appreciate their commitment to expanding access to work to resolve the issue. preventive health care for women. This leadership to raise awareness, and I I reserve the balance of my time. resolution underscores the sense of the have grave concerns, very grave con- Mrs. CAPPS. Mr. Speaker, I wish to House that the task force recommenda- cerns on how this issue translates into remind my colleagues that in the tions must not be used by insurers who the health reform bills that are cur- health reform bill, as it was considered are, at the end of the day, getting in rently before us. While I do rise in sup- in the House of Representatives, once between women and their doctors and port of this, I do think that it is impor- the essential benefits package is estab- getting women the access that they tant, it is imperative, as a matter of lished, it acts as a floor, not as a ceil- need to preventive services, and that fact, that we revisit why we are here ing. And with regard to preventive they must not be used by insurers to and why we are having this discussion services, the bill says that rec- deny women coverage for routine today. And it’s important that we real- ommended items and services with a screenings. ize that, even with the resolution be- grade of A or B from the U.S. Preven- It also urges the National Cancer In- fore us, it is not going to get to the tive Services Task Force shall be cov- stitute to invest and provide leadership crux of the issue, but it is a good, solid ered as part of the essential benefits to provide research to develop more ef- first step. package, with no cost-sharing, and fective research tools and strategies for With or without a government-run that the Secretary may approve such improving the detection of breast can- health plan, H.R. 3962 would still be a coverage, regardless of what the task cer. massive takeover of health care. Gov- force or the benefits advisory com- While we develop better tools for ernment bureaucrats will be charged mittee says. screening, we cannot leave certain with making decisions of what can be And at this point I’m very pleased to women, particularly young women, in your health plan, and they can make yield to Representative WASSERMAN with nothing, which is what the task it illegal for a health plan to cover SCHULTZ, the sponsor of this legisla- force recommendations essentially did. anything not approved by the govern- tion, 5 minutes. To be sure, while we have come a ment. In the House version of the Ms. WASSERMAN SCHULTZ. Mr. long way in the fight against breast Democrats’ health reform, the U.S. Speaker, today I rise to support House cancer, we still have a long way to go. Preventive Services Task Force and its Resolution 971, which underscores the This year, in the United States alone, successor organization are cited over a importance of access to breast cancer over 190,000 women will be diagnosed dozen times and given disturbing new screening for all women. with breast cancer; 40,000 of them will authority over coverage decisions re- As many of you know, last month the not survive. That is why we cannot rest garding breast cancer screening. United States Preventive Services in our efforts to fund research and find For example, on page 1,762 of the Task Force issued guidelines regarding a cure for this vicious disease, and it is Democrat health reform bill, the U.S. mammography screening for women. why we cannot rest in our efforts to Preventive Services Task Force is These guidelines reflect a change from provide education and awareness for all given the authority to determine, and USPSTF mammography recommenda- women. We must ensure that they have I’m quoting, ‘‘the frequency’’ and ‘‘the tions that were issued in 2002, in that access to screening and treatment, and population to be served.’’ And quoting they recommend against routine we must ensure that we do all we can again from the bill, ‘‘The procedure or screening mammography for women to support the more than 21⁄2 million technology to be used for breast cancer ages 40 to 49. But the new guidelines survivors that live in our country screenings covered under the Indian conflict with many of the well-estab- alone today. Health Service Act.’’ Section 303 of lished recommendations from the As many of you know, and has been H.R. 3962 states that the, and I’m American Medical Association, the Na- gratefully acknowledged, I recently quoting again, ‘‘Commissioner shall,’’ tional Comprehensive Cancer Network, had my own battle with breast cancer, which is a mandate, Mr. Speaker, the American Cancer Society, and and I am so grateful and humbled to ‘‘shall specify the benefits to be made Susan G. Komen for the Cure. count myself among this growing available under exchange participating In addition, numerous studies and group of survivors. I was fortunate to health plans.’’ scientific research over the past 20 have the access to the treatment and In plain English, that means the new years have confirmed that annual support that I needed to win my own health choices commissioner will de- mammograms are of value to women fight. I urge my colleagues to vote in termine what preventive services, in- ages 40 to 49. In fact, the task force favor of this resolution to make sure cluding mammography, are covered itself concluded that screening women that everyone has that same oppor- under your health insurance based on in their forties would reduce their risk tunity. what the task force says is right. Pass- of death from breast cancer by 15 per- Mr. Speaker, since the task force ing a resolution and passing this reso- cent, while finding that screenings for issued these guidelines, I have spoken lution before us, as I said, is a good, women in their fifties would reduce to so many young survivors who have

VerDate Nov 24 2008 04:29 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.064 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14912 CONGRESSIONAL RECORD — HOUSE December 15, 2009 been left feeling so frustrated and as if that maybe aren’t necessary, and the ally, as well as Congresswoman SUE their lives somehow mattered less than same with mammograms, and some MYRICK from North Carolina for speak- the lives of older women. And this reso- people can say it’s all nerve-racking to ing personally. This is obviously a dis- lution sends a message to those young do it. But as a breast cancer survivor, ease that affects so many Americans women across America today that that I know that screening works. It saves and their families personally, so I rise is not so, that the House of Representa- lives. in strong support of this resolution on tives, that the United States Govern- And it’s not always easy. I had to go the U.S. Preventive Services Task ment, cares about all women’s lives. to several doctors before my cancer Force breast cancer screening guide- And with all due respect to my good was detected. If I hadn’t been per- lines. friend, Mrs. BLACKBURN, whom I great- sistent and sought the timely screen- As the second most common cancer ly respect and I appreciate your sup- ing which did find mine, I might not be among women in the U.S. and a leading port for this resolution, what this reso- standing here today. The simple truth cause of cancer death for women under lution does not do, and what the task is that screening does save lives. It 60, breast cancer is an issue that reso- force guidelines do not do, and what makes a difference for many women, nates with us all. The recent changes our health care reform bill does not do, whether they are 40 years old, 65 years in recommendations for breast cancer is it does not ration health care. The old, or 70 years old. It doesn’t matter. screenings made by the U.S. Preventive gentlelady, if she reads the text of the Many women look for excuses anyway. Services Task Force on November 16 health care reform legislation more They don’t want to get screened for have been met with considerable atten- clearly, will see that our language in cancer. They really don’t like to do it. tion and consternation nationwide. I our health care reform bill is a floor. And some of them say, I don’t even can say quite frankly that I was ex- The gentlelady should know that the want to know. Well, this recommenda- tremely concerned that news reports Secretary of Health and Human Serv- tion certainly doesn’t help that prob- related to these screenings would cause ices can go beyond the task force’s rec- lem. some women in their forties to no ommendations, that they can go fur- Statistically, maybe mammograms longer get mammograms annually for ther, and that at the very least the are a bit more likely to save your life breast cancer. health care reform bill that we passed if you’re over 50, but they save lives for I think what was announced was a off the floor of this House ensures that those under 50 every day, and we know mistake. This would really be a trav- women get access, all women get ac- that. What if your 45-year-old sister or esty if women were prevented from get- cess to the appropriate preventive daughter or your mother doesn’t know ting mammograms annually. We know screening that they need and ensures she has cancer until it’s too late? And that declines in breast cancer death that that coverage is free. And the as I said before, the recommendation rates since 1990 are primarily attrib- Health and Human Services Secretary even advised doctors to discourage uted to early detection and improve- can go even further than those task breast self-exams. Come on. What more ment in treatment. In fact, about 15,000 force recommendations that are la- sensible, simple tool do women have to breast cancer deaths this year were beled at an A and at a B level. guard against what can be a very ag- prevented in part due to an expanded And with that, Mr. Speaker, I appre- gressive disease? After all, we don’t access to mammography. While our ciate the indulgence of the leadership know what causes cancer. And women screening tools are not perfect, they and the support of my colleagues. And need to pay close attention. are valuable, and leading medical advo- I want to particularly single out the The SPEAKER pro tempore. The cacy groups, including the American colleague that sits to the left of me for time of the gentlewoman has expired. Cancer Society, the American Medical being a leader on issues that are impor- Mrs. BLACKBURN. I yield the gen- Association, and Susan B. Komen for tant to young women who are diag- tlewoman 30 additional seconds. the Cure, continue to recommend an- nosed with breast cancer. He has been Mrs. MYRICK. Women need to pay nual mammography for women start- an incredible advocate for young close attention to their bodies, because ing at age 40, not 50. women survivors, and I greatly appre- if something is wrong, they need to be The USPSTF has since clarified that ciate it. aggressive about testing and finding it never meant to send the message Mrs. BLACKBURN. Mr. Speaker, at the answers, and it doesn’t matter how that women shouldn’t get breast can- this time, I am pleased to yield 2 min- old you are. As was mentioned, too, so cer screenings, but that in certain age utes to the gentlewoman from North many younger women are getting can- groups women should consult with Carolina (Ms. MYRICK), who has been a cer today, so many more than ever did their personal physician about the ben- true champion of women and breast before, and we need to find out why. efits, risks, and limitations of mam- cancer issues and has really led on our But in the meantime, we need to give mography. Unfortunately, and the task side of the aisle as we have worked to them the options that they need. force admitted this at a hearing in our deal with so many of these issues. And this resolution is a sense of Con- Energy and Commerce Committee, this Mrs. MYRICK. Mr. Speaker, I thank gress that these new recommendations message has largely been lost in the my friend for yielding. I also thank my shouldn’t be used to deny women cov- media. friends on the other side of the aisle, erage or screening tests, and I urge my I therefore again commend the gen- DEBBIE WASSERMAN SCHULTZ and LOIS colleagues to support it. tlewoman from Florida for her resolu- CAPPS in particular. The two of them Mrs. CAPPS. Mr. Speaker, may I re- tion today and really her work all have been very, very up front and ag- quire of the remaining time on this year, guided by her personal experi- gressive in leading the charge on these side? ence, to improve education and aware- issues, and I’m grateful for it. The SPEAKER pro tempore. The gen- ness of the benefits of breast cancer As you have already heard, the gov- tlewoman from California has 111⁄2 min- screening. The guidelines of the ernment’s Preventive Services Task utes remaining, and the gentlewoman USPSTF should certainly not be inter- Force recently advised that women from Tennessee has 14 minutes remain- preted as prohibiting a health care in- under 50 don’t need mammograms, that ing. surer from providing coverage for those over 50 don’t need them every Mrs. CAPPS. At this time, it’s my mammography services and should not year, and that doctors shouldn’t en- pleasure to acknowledge and I yield to be used by insurers to deny coverage courage breast self-exams due to false the Congressman from New York (Mr. for services that are not recommended positives. This is really shocking, be- ENGEL) 21⁄2 minutes. on a routine basis. cause what message does that send to Mr. ENGEL. Mr. Speaker, I want to We recently marked the 25th anniver- women? thank my colleague from the Health sary of the National Breast Cancer We all know mammograms aren’t Subcommittee on the Energy and Com- Awareness Month, which celebrated perfect, and we hope that before long merce Committee, LOIS CAPPS, who is great strides. We must continue that, we are going to have better technology always a leader in issues like this. And and I urge support of the resolution. that will do the job. But cancer is a I want to commend DEBBIE WASSERMAN Mrs. BLACKBURN. Mr. Speaker, at tricky disease, and breast cancer SCHULTZ, the gentlewoman from Flor- this time, I yield 3 minutes to the gen- exams, sure, could lead to some tests ida, for her courage in talking person- tleman from Michigan (Mr. ROGERS),

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For the ally highlighted by, or dampen the get up here and talk about her ailment. lives of 37,000 women who will die and frustration sparked by the U.S. Preven- I, too, am a cancer survivor, and it is a 47,000 women, according to the rective Services Task Force’s decision a difficult process. But my concern is ommendations of this task force which few weeks ago. greater than even our own personal ex- you make law—— Even before the recommendations of periences. It is what is the actual re- The SPEAKER pro tempore. The the task force, and having nothing to sult of that health care reform bill that time of the gentleman has expired. do with the recommendations of the leads us to this resolution. Mrs. BLACKBURN. I yield the gen- task force, many insurance companies We are scrambling around on the tleman 30 additional seconds. today deny coverage for screening floor today to say that a government- Mr. ROGERS of Michigan. I am going mammograms to women over 40. To appointed commission, this task force, to plead with you, please read the bill, deal with this problem, we should pass has made a recommendation based on not just 1 to 2,000. Go back to the other a bill that I introduced, H.R. 955, the quality of year lives and cost, not good sections and understand its full im- Mammogram and MRI Availability science, not that what saves lives, that pact. Act, which would give assurance to women between 40 and 49 need not get And you say, It won’t happen in women over 40 which would legally mammograms. And you say, listen, America. Guess what? This task force mandate that any insurance policy that doesn’t mean rationing. It doesn’t recommendation resulted on December that covers diagnostic mammograms mean anything. It doesn’t have any 2 in California prohibiting low-income must also cover screening mammo- weight of law. But guess what? The women under the age of 50 from receiv- grams for all women over 40. Women health care reform bill that passed this ing mammograms. It is happening over 40 would have legal assurances House makes those recommendations today. This task force is doing it that no insurance company would be law. today. With your bill, it becomes law. allowed to deny her coverage for a Let me read a couple of quick things, They are prohibited. And it is illegal mammogram. Mr. Speaker, if I may. By the way, you for them to get coverage other than I hope this resolution will serve as a have to go to three different sections, what the government says they can first step toward attaining adoption of two different complete books, to under- get. And guess what? Mammograms mandatory legislation to guarantee an- stand how this impacts real women in don’t qualify for women 40 to 49. Please nual mammography coverage to all America, some 2,000 pages into it. think of those women and those fami- women over 40 and MRIs to women who One section: Limitation on individual lies. need it because they have a particular genetic or other family history indi- health insurance coverage may only be ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE cating a specific susceptibility to offered on or after the first day of year The SPEAKER pro tempore. The one as an exchange-participating breast cancer. Chair reminds Members that they are I ask my colleagues to show their health care plan. Pretty fancy to address their comments to the commitment to women’s health by vot- Washingtonspeak. Chair. ing ‘‘yes’’ on this resolution and by Let me tell you what it means in an- Mrs. CAPPS. Mr. Speaker, I would joining me as a cosponsor of H.R. 995. other section of the bill about 1,000 remind my colleague that at the hear- Mrs. BLACKBURN. Mr. Speaker, at pages later: A health plan is prohibited ing 2 weeks ago at the Energy and this time, I yield 3 minutes to Dr. from offering coverage for benefits not Commerce Committee, the breast can- GINGREY, the gentleman from Georgia included in the essential benefits pack- cer stakeholders were asked a simple who has practiced medicine, obstetrics age. question: Would H.R. 3962, the health and gynecology, has worked with And you say, Oh, no that’s a floor. reform bill, help women with breast women and women’s health care issues, It’s not a floor. The language in the cancer? Every witness on that panel, and joins us on the Energy and Com- bill goes on further. And do you know including the American Cancer Soci- merce Committee. what it does? It says that the only dif- ety, Komen, the National Breast Can- Mr. GINGREY of Georgia. I thank ference between the levels of plans is cer Coalition, the American College of the gentlewoman for yielding. the amount of cost sharing, not what it Physicians, every witness on the panel I do rise in full support of my good covers. agreed that this bill, the health reform friend and colleague from Florida, Rep- Here is the scary part, of which I bill, will help women to prevent and resentative DEBBIE WASSERMAN don’t think you all realize that you did women who already have breast cancer. SCHULTZ, for introducing this resolu- to about 47,000 women in America: All And at this point, I’m very pleased to tion. I certainly encourage all of my recommendations of the Preventive yield 2 minutes to my colleague and a colleagues to support it. I am sure if we Services Task Force and the Task big supporter of the Breast Cancer Cau- have a recorded vote, the vote will be Force on Community Preventive Serv- cus, JERRY NADLER. 100 percent in favor of this resolution. ices as in existence on the day before But, Mr. Speaker, as my colleague b 1400 the date or the enactment of this Act from Tennessee (Mrs. BLACKBURN) and shall be considered to be recommenda- Mr. NADLER of New York. I thank my colleague from Michigan (Mr. ROG- tions. the gentlelady for yielding. ERS), both members of the Energy and The bill goes on to say that they Mr. Speaker, I rise today in support Commerce Committee, both, as well as must use that in the calculation of of the resolution offered by our col- myself, at that hearing when we heard benefits. Guess what? Forty-seven league, Representative WASSERMAN from the American Cancer Society and thousand women who are under the age SCHULTZ. when we heard from the other wit- of 50 today will be diagnosed with late- With this resolution, which should nesses, such as Susan G. Komen for the stage breast cancer because of your have the full support of every Member Cure organization, and in talking with bill. It’s in your bill. It’s in your lan- of the House, we will be on record with my own specialty society, the Amer- guage. Do you know what that means? our commitment not to allow women ican College of Obstetrics and Gyne- Eighty percent of them will die be- over 40 to go without the life-saving cology, they will continue to rec- cause of their diagnosis. tests currently available to root out ommend very strongly that women in Do you realize that more women will breast cancer at early stages. This res- their 40s continue to be screened, to die because of this bill than we lost olution states our support for contin- have mammogram screening, maybe men in the Korean War? And I know ued research into developing better even digital mammogram screening, you think, Oh, scare tactics. tests so that no woman will face a because they are at high risk. No. It’s the bill. But do you know death sentence due to a diagnosis of Mr. Speaker, as our colleagues have what? You can’t read it on page 1 or 2. breast cancer. pointed out, the two in our body, our

VerDate Nov 24 2008 04:29 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.073 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14914 CONGRESSIONAL RECORD — HOUSE December 15, 2009 colleagues that are victims of breast I recently met with New Jersey can- Mrs. DAHLKEMPER. If she was one cancer, God forbid if they had not got- cer survivors, cancer care advocates for of the thousands of women in my dis- ten early detection, maybe their out- the Susan G. Komen for the Cure in trict without health care coverage, come would not be so great. I think New Jersey, and medical professionals would she still be with us today? that because of early detection their at the Steeplechase Cancer Center at Through this resolution and through cure is probably almost 100 percent. Somerset Medical Center in Somerset passage of health care reform, we can So we are in a situation where physi- County, New Jersey. Constituents ensure that the decision for mammo- cians practicing across this country, voiced their objections with the task gram testing remains between a they are sort of in a catch-22. If they force recommendations, including woman and her doctor. don’t follow these guidelines that will Kathleen Petrozelli of Whitehouse Sta- I urge my colleagues to support this be passed in this bill, in the Senate tion, Hunterdon County, who shared resolution. Mrs. BLACKBURN. At this time, I version, when this United States Pre- her personal story of being diagnosed yield 11⁄2 minutes to our ranking mem- ventive Services Task Force will no in her 40s with breast cancer. ber on International Affairs, Ms. ROS- longer be an organization making rec- I strongly oppose the task force recommendations, but they will be mak- LEHTINEN from Florida. ommendations against yearly screen- Ms. ROS-LEHTINEN. I thank my ing law, they will be issuing mandates, ing in women 40 to 49. My mother died if a physician decides, well, my patient good friend for the time. of breast cancer when my twin brother I strongly support the resolution be- is in their 40s, I’m going to go ahead and I were 12. Her cancer was diagnosed fore us, Mr. Speaker, put forth by my and order a mammogram anyway and when she was 47. good friend from Florida, Congress- that mammogram is suspicious and it Most disappointing about the task woman DEBBIE WASSERMAN SCHULTZ, leads to a needle biopsy, which may force conclusions is the fact that they related to breast cancer screening. It is turn out to be negative, but it results come on the heels of the fall 2009 report through more effective screening strat- in a complication, such as a breast ab- published by the American Cancer So- egies that we will save lives. Early de- scess, that physician, Mr. Speaker, ciety indicating a large decline in tection makes the difference in sur- could be sued for practicing below the breast cancer deaths in women under viving this terrible disease. standard of government health care as 50. As proven by the heroic fight that we established by this new massive bill Breast cancer continues to be the heard this morning, the incredible sto- that the Democrats want to force on most common form of cancer in ries of will and perseverance of our col- the American public. women. We should be promoting a Fed- leagues, Congresswomen DEBBIE So I stand here commending Rep- eral health policy of encouraging, not WASSERMAN SCHULTZ and SUE MYRICK, resentative DEBBIE WASSERMAN discouraging, mammography screening screening must remain a priority; it SCHULTZ and this resolution; I am in and self-examination for women 40 to must be our mission. favor of it. But I would also rec- 49 years of age. Almost everyone in this country, un- ommend that my colleagues on the Mrs. CAPPS. Mr. Speaker, I am now fortunately, knows someone who has Democratic side of the aisle instruct pleased to yield 1 minute to our col- suffered from breast cancer. But, as is their conferees, if this massive health league from Pennsylvania (Mrs. becoming more and more likely, we care reform bill goes to conference, to DAHLKEMPER). also know someone who has survived take this resolution with them and Mrs. DAHLKEMPER. Mr. Speaker, I breast cancer, and they have survived say, look, these are our concerns, rise today in support of this resolution. breast cancer due to routine screening change the language. That’s my rec- I thank Congresswoman DEBBIE and early screening and screening for ommendation. That’s what my col- WASSERMAN SCHULTZ for her leadership young women. leagues can do for the women in this on this issue, an issue that defends We must remain vigilant in our ef- country, the 47,000 that Congressman women across the United States and forts to educate, to diagnose, and to MIKE ROGERS from Michigan was talk- advocates for their health and well- treat. Let us make sure that our ef- ing about. being. forts to defeat this terrible disease is I think my colleagues on this side of Breast cancer is a real danger to not put in jeopardy because insurance the aisle are absolutely right as they women and their families; it is not an companies do not want to pay for rou- point out in this legislation what the adversary to be underestimated. All in tine screening for young women, danger is. all, nearly 150,000 women will be diag- screenings that could save their lives. Mrs. CAPPS. Mr. Speaker, I am very Thank you, my good friend from Ten- pleased at this point to yield 1 minute nosed with breast cancer this year, and more than 40,000 women will sadly suc- nessee. to our colleague from Indiana (Mr. Mrs. CAPPS. Mr. Speaker, may I in- cumb to the disease; but some of these DONNELLY). quire again as to the time that remains deaths can be prevented by mammo- Mr. DONNELLY of Indiana. Mr. on our side. Speaker, I want to support the resolu- grams and regular breast cancer The SPEAKER pro tempore. The gen- tion of my colleague, DEBBIE screenings. tlewoman from California has 4 min- WASSERMAN SCHULTZ, and support the Let me tell you one story of a woman utes remaining, and the gentlewoman from my own district whose mammo- importance of annual mammograms from Tennessee has 41⁄2 minutes re- for women age 40 to 49. I, unfortu- gram saved her life. Sue Kilburn of maining. nately, lost my mom to breast cancer Meadville, Pennsylvania, was diag- Mrs. CAPPS. Mr. Speaker, at this when she was very young and when I nosed with breast cancer when she was point, I am very pleased to yield 1 was very young. in her late 40s after an annual mammo- minute to our colleague from Florida These mammograms save lives. gram. Her doctor told her she had to (Ms. KOSMAS). There is nothing more important than choose between a lumpectomy and a Ms. KOSMAS. Mr. Speaker, I would the health of our moms, our daughters, mastectomy to treat the disease. Sue like to thank my good friend, DEBBIE our wives, our friends, and our sisters. shared her journal with the Meadville WASSERMAN SCHULTZ, for her personal So I support this resolution. I support Tribune newspaper. She writes: ‘‘The courage, but also for her focus on this these annual mammograms so that we words ring out unlike anything I have very important issue and to commend lose no more of our loved ones. ever experienced before. I find no her for introduction of this important Mrs. BLACKBURN. Mr. Speaker, at anger, just feel numb, dumbfounded, resolution. this time, I yield 11⁄2 minutes to the and questioning . . . how . . . when? It Each of us knows, whether in our gentleman from New Jersey (Mr. was just a routine mammogram.’’ own personal lives or in that of our LANCE). Sue survived her battle with breast family and friends, how important it is Mr. LANCE. Mr. Speaker, I rise cancer because she had a mammogram. that people get early detection and today in support of the resolution of- The SPEAKER pro tempore. The gen- intervention for any type of cancer, fered by the gentlewoman from Flor- tlewoman’s time has expired. but we know that breast cancer steals ida, and I thank the gentlewoman from Mrs. CAPPS. I am pleased to yield the lives of our women in this coun- Tennessee for her leadership on this the gentlewoman an additional 30 sec- try—mothers, friends, sisters, and issue as well. onds. daughters.

VerDate Nov 24 2008 02:27 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.075 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14915 Despite the task force report, we leagues on the other side in rejecting Illinois, Congresswoman HALVORSON, 1 need to listen to commonsense and sci- the findings of the task force, all 16 minute. entific-based guidelines that tell us members who were appointed by Re- Mrs. HALVORSON. Mr. Speaker, I that breast cancer screening for women publican President George Bush. rise today in support of women across ages 40 to 49 is extremely important Although the incidence of breast can- the country and protecting their access and should not be ignored, despite the cer in young women is much lower to cancer screenings. As the daughter recommendation of the task force. Be- than that of older women, young wom- of a breast cancer survivor—my mother cause we know these things to be true, en’s cancers are generally more aggres- got breast cancer under the age of 50— the resolution states that the task sive, are diagnosed at a later stage, and I understand the importance of regular force would not be used for insurers to result in lower survival rates. In 2008 mammograms and know they save deny coverage for routine screenings. the American Cancer Society esti- lives. So through our support here of this mated there would be 182,460 new cases I have met so many women across resolution, my colleagues and I encour- of breast cancer in women. Of these, my district who are still with us today age all women to remain vigilant and more than 11,000 of these women would because of preventive care. We should to protect their health by getting reg- be under 40 years of age. always encourage women to get ular mammograms at early ages. While no currently available breast screened, and we should never allow in- Mrs. BLACKBURN. At this time, I cancer tool is perfect, we know that surance companies to stand between a yield 11⁄2 minutes to Mrs. MCMORRIS intervention, through routine screen- woman, her doctor, and a procedure RODGERS from Washington State, who ing for breast cancer, using mammog- which may save her life. This is a dis- is vice chair of our conference. raphy, can save lives of women at a ease that has affected so many of us in Mrs. MCMORRIS RODGERS. I thank time when medical science is still un- this Chamber and so many of our con- the gentlewoman for yielding. able to prevent the disease. This reso- stituents back home. I, too, rise in support of this resolu- lution expresses the sense of the House I call on my colleagues to support tion and really do want to applaud the of Representatives regarding guidelines this resolution and support women’s leadership of Representative DEBBIE for breast cancer screening for women health. WASSERMAN SCHULTZ, Representative ages 40 to 49 and supports the impor- Mrs. BLACKBURN. Mr. Speaker, I LOIS CAPPS, and Representatives MAR- tance of women’s access to mammog- think that all of us come here because SHA BLACKBURN and SUE MYRICK. raphy screening. of our concern, great concern, about Last month, many of us stood and I urge my colleagues on a bipartisan women and mammography and the voiced concern over these rec- basis to support the resolution and health care issues that are found before ommendations by the U.S. Preventive commend Representative DEBBIE us. Services Task Force because we be- WASSERMAN SCHULTZ and Representa- When it comes to breast cancer, we lieved that they would turn back the tive LOIS CAPPS for their leadership. are very grateful for early detection. clock on the war on breast cancer, rec- Mrs. BLACKBURN. I have an inquiry, We know it’s important. Because of ommendations that would no doubt im- Mr. Speaker. Is the gentlewoman from that, it is with great sadness that we pact the United States’ 98 percent 5- California prepared to close or does she have read what is in this bill. year breast cancer survivability rate. have additional speakers? In H.R. 3962, it clearly shows how the Republicans over and over have ex- Mrs. CAPPS. I have two additional recommendations will limit America’s pressed our concern that health care speakers. choices and women’s choices. Reading reform would shortchange women. Mrs. BLACKBURN. I reserve the bal- through the bill, section 2301 does es- Well, through these recommendations ance of my time. tablish the Task Force on Clinical Pre- made by the United States Preventive Mrs. CAPPS. I am very pleased to ventive Services, and it clearly says Services Task Force, you start to see yield 1 minute to our colleague from that A and B are priority levels for what rationed care looks like; and in Colorado, Congresswoman MARKEY. these treatments. You can read on page this example the potential impact on Ms. MARKEY of Colorado. Mr. 1,318, and I do, Mr. Speaker. It says in women when the government is mak- Speaker, I rise today in support of line 2, the Commissioner shall ensure— ing health care decisions for them, how mothers, daughters, sisters, aunts, shall ensure—that A and B is going to the doctor-patient relationship is jeop- nieces, and women across the country. be the rating that is covered, but C is ardized, how bureaucrats, using com- Every person in this Chamber can not. puter software and statistics, will be name someone they know who has had What we are discussing in this 40 to making critical life-and-death deci- breast cancer. 49 age group is those C ratings, and the sions for women. This is wrong. I am honored to support the resolu- Commissioner will not have the power These recommendations mirror poli- tion by my good friend and colleague, to downgrade that decision. Section 222 cies in single-payer nations like Eng- Congresswoman WASSERMAN SCHULTZ. of the bill—what you have in this reso- land, where women over 50 are invited DEBBIE’s own courage and tenacity lution is going to be negated by section once every 3 years to be screened. We serve as an inspiration for all of us. 222 of the bill that says the services cannot go down this same path. Yet Recently released guidelines regard- designated A or B priority are part of this task force, which doesn’t even in- ing breast cancer screening for women the essential benefits package. So just clude any oncologists or radiologists, between the ages 40 and 49 have caused saying that the guidelines would not recommended that women between confusion and concern. The U.S. Pre- prohibit an insurer from providing cov- ages 40 and 50 not get mammograms ventive Services Task Force has an im- erage, your own legislation is going to because saving one woman for every portant role in researching health care end up negating that, if that is signed 2,000 screened was not worth the cost. policies that will lower costs and im- into law. Well, if you’re that one woman, you prove results across the country. The language of this bill is clear. All might not see it that way. For that However, when early diagnosis and insurance providers must offer A and B woman saved by early detection, the treatment has been proven to greatly priority services. They have no incen- mammogram is well worth the cost. reduce the risk of cancer, it’s impor- America’s health care system has tant that these decisions be made by tive or a mandate to offer priority C or been based on saving lives. It’s Great women and their doctors, not a govern- below. That is where it affects women Britain’s health care system that is ment task force. An early diagnosis of under 50 and women over age 75, and based on saving cost. breast cancer can save a woman’s life, those, indeed, are valuable lives. and it’s important that women can af- Mr. Speaker, we do look at this legis- b 1415 ford these screenings. lation. We look at section 2301 where it Mrs. CAPPS. I am pleased now to in- For that reason, I urge my colleagues says that, All recommendations of the troduce and to acknowledge my col- to support this resolution. Preventive Services Task Force and league from Virginia, Congressman Mrs. BLACKBURN. I continue to re- the Task Force on Community Preven- CONNOLLY, for 1 minute. serve the balance of my time. tive Services, as in existence on the Mr. CONNOLLY of Virginia. Mr. Mrs. CAPPS. I am now pleased, Mr. day before the date of the enactment of Speaker, I want to join in with my col- Speaker, to yield to our colleague from this Act, shall be considered to be the

VerDate Nov 24 2008 02:27 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.077 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14916 CONGRESSIONAL RECORD — HOUSE December 15, 2009 recommendations of the Task Force on leading cause of cancer deaths among screening. Many of those who go without Clinical Preventive Services. women. This resolution also urges the Na- screening are African American and younger At that point, Mr. Speaker, unfortu- tional Cancer Institute to continue to invest in women. According to the Susan G. Komen for nately, they are going to have the full research toward more effective screening tools the Cure Advocacy Alliance the failure of age- weight of law behind them. It is in the and strategies for improving detection of appropriate women to undergo mammography bill. breast cancer. costs lives and reflects problems with access Yes, we look at this, and we see the For all of these reasons, I strongly urge my to care and breast cancer education. bureaucrat in the exam room right colleague to support this resolution. Mammog- Mr. Speaker, we need to work as rapidly as here. We look at it, and we all know raphy is not perfect, but right now it is the best possible to correct these deficiencies, and and have loved and have held family method we have to detect this killer in our continue to fund research and education de- members in our arms that have been midst. We need to make sure that as many signed to eliminate health care disparities. We affected and would have lost their lives women as possible have access to this impor- want to eliminate any impediments to regular had they not had access to early detec- tant, life-saving procedure, and that better, mammography screening for women age 50 tion. It concerns us. safer screening procedures will soon be forth- and below. While there may be disagreement Do not ration health care. Support coming. about the exact timing of breast cancer as- the resolution, but let’s go further in Ms. JACKSON-LEE of Texas. Mr. Speaker, sessments, I believe there is unanimous con- getting out of the bill. I rise in support of H. Res. 971, expressing sensus over the importance of guaranteeing I yield back the balance of my time. the sense of the House of Representatives re- access to screening. Mrs. CAPPS. Mr. Speaker, in yield- garding guidelines for breast cancer screening New screening approaches and more indi- ing back our time, I remind our col- for women ages 40 to 49. I appreciate the vidualized recommendations for breast cancer leagues that the truth is, when enacted leadership of the bill’s author, my Judiciary screening are urgently needed. I support re- into law, H.R. 3962 will result in mil- Committee colleague Representative search initiatives designed to improve screen- lions of uninsured Americans receiving WASSERMAN SCHULTZ. ing, and believe that it is imperative that this their first mammogram and will no This resolution was introduced on the heels research move forward rapidly. Furthermore, I longer face being dropped by their in- of new breast cancer screening guidelines encourage African American and other women surance company if they are diagnosed issued last month by the U.S. Preventive with unresolved questions about breast cancer with cancer. Services Task Force (the ‘‘Task Force’’), an screening to engage in discussion with their I wish to acknowledge and thank the independent panel of medical experts. These health care providers. leader of this resolution for her hard new guidelines have created cause for con- If the new guidelines have done nothing work, our colleague, Representative cern by some due to the change from the else, I believe it has at least raised aware- WASSERMAN SCHULTZ. Task Force’s 2002 mammography rec- ness, not only amongst women, but amongst Ms. DELAURA. Mr. Speaker, I urge my col- ommendations concerning mammography all Americans. As such, I encourage my colleagues to support this resolution, H.R. 971, screening for women age 40–49. leagues to support this bill. which helps to clarify much of the unneces- In light of this concern, this resolution under- Mrs. CAPPS. I yield back the balance sary furor over mammograms we have experi- scores the sense of the House that the Task of my time. enced of late. Force recommendations should not prohibit in- The SPEAKER pro tempore. The The recent breast cancer recommendations surance companies from providing mammog- question is on the motion offered by by the U.S. Preventive Services Task Force raphy services in addition to those in the Task the gentlewoman from California (Mrs. effectively said that women ages 40 to 49 Force recommendations, and should not be CAPPS) that the House suspend the should have a conversation with their doctors used by insurers to deny women coverage for rules and agree to the resolution, H. before deciding to have a screening mammo- routine screenings. This resolution also urges Res. 971. grams. In other words, they were to attempt to the National Cancer Institute to continue to in- The question was taken. put as much information as possible in the vest and provide leadership regarding re- The SPEAKER pro tempore. In the hands of women and their doctors, so they search to develop more effective screening opinion of the Chair, two-thirds being can assess their own risk and benefit. tools and strategies for improving detection of in the affirmative, the ayes have it. Now, whatever decision women come to on breast cancer. Mrs. CAPPS. Mr. Speaker, on that I this important matter, they need two things to This is not the first time recommendations demand the yeas and nays. ensure they have access to mammography about the use of mammography and breast The yeas and nays were ordered. should they decide to get screened: One is a self exams have been revisited—by the Task The SPEAKER pro tempore. Pursu- quality health coverage so they have a doctor Force or NIH or any number of cancer-related ant to clause 8 of rule XX and the they can go speak to. And the second is cov- research or advocacy groups. Just as we have Chair’s prior announcement, further erage for mammograms and other important seen with prostate cancer screening, immuni- proceedings on this motion will be preventative services. And, of course, some zation schedules, and other preventative care postponed. women will need coverage for treatment if a measures, new interpretations often result in a cancer is found. change in what experts tell us works most ef- f This is why I support this resolution, which fectively. As the science of medicine evolves, argues that insurers should not deny coverage so too, should the recommendations on the for mammograms for women ages 40 to 49 best use of that science. DANIEL PEARL FREEDOM OF THE who decide to get screened. This is also why Evolution and improvement are what the PRESS ACT OF 2009 I support comprehensive health insurance re- U.S. Preventive Services Task Force set out Mr. BERMAN. Mr. Speaker, I move form, so that women can afford health care in to achieve in undertaking a review of its 2002 to suspend the rules and pass the bill the first place, and get coverage for that mam- mammography guidelines. The Task Force (H.R. 3714) to amend the Foreign As- mograms and any follow-up treatment they sought to take a fresh look of what has been sistance Act of 1961 to include in the might need. learned over the last several years, and based Annual Country Reports on Human We must redouble our efforts across the upon that body of work, to provide its best Rights Practices information about board to ensure that Americans are getting the professional judgment on what doctors and freedom of the press in foreign coun- appropriate preventive screenings. Right now, their patients should consider when they are tries, establish a grant program to pro- according to the Centers for Disease Control making decisions about breast cancer screen- mote freedom of the press worldwide, and Prevention, only 25.9 percent of women ing. Despite the contention on this issue, I and for other purposes, as amended. ages 50 to 64 have received all the rec- trust that the Task Force’s deliberations and The Clerk read the title of the bill. ommended preventive care for breast, cer- conclusions were driven by science and not by The text of the bill is as follows: vical, and colorectal cancer, as well as influ- cost or insurance coverage. H.R. 3714 enza. Under health reform, women would fi- Not withstanding the scientific basis for Be it enacted by the Senate and House of Rep- nally get the preventive care they need. these new guidelines, I share the concern of resentatives of the United States of America in In the meantime, there is a great need for Ms. WASSERMAN SCHULTZ and others such as Congress assembled, more information, more research, and more the Susan G. Komen for the Cure Advocacy SECTION 1. SHORT TITLE. scientific innovation to help women prevent, Alliance who point out that one-third of all This Act may be cited as the ‘‘Daniel Pearl detect, and fight breast cancer, the second American women do not undergo regular Freedom of the Press Act of 2009’’.

VerDate Nov 24 2008 02:27 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.080 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14917 SEC. 2. INCLUSION OF ADDITIONAL INFORMA- The SPEAKER pro tempore. Is there before us today, Mr. SCHIFF’s bill, be- TION RELATING TO FREEDOM OF come part of this legacy in the inter- THE PRESS WORLDWIDE IN ANNUAL objection to the request of the gen- COUNTRY REPORTS ON HUMAN tleman from California? ests of ensuring that those who would RIGHTS PRACTICES. There was no objection. seek to extinguish the light of truth The Foreign Assistance Act of 1961 is Mr. BERMAN. Mr. Speaker, I rise in around the world will instead be amended— strong support of this legislation and dragged out of the shadows and de- (1) in section 116(d) (22 U.S.C. 2151n(d)), as yield myself as much time as I may feated. amended by section 333(c) of this division— Mr. Speaker, I urge my colleagues to (A) in paragraph (10), by striking ‘‘and’’ at consume. the end; H.R. 3714 reinforces and broadens our support this legislation. (B) in paragraph (11)— country’s commitment to media free- I reserve the balance of my time. (i) in subparagraph (B), by striking ‘‘and’’ dom around the world. Dedicated to Ms. ROS-LEHTINEN. Mr. Speaker, I at the end; and the memory of a prominent U.S. jour- would like to yield myself such time as (ii) in subparagraph (C), by striking the pe- nalist who lost his life in the pursuit of I may consume. riod at the end and inserting ‘‘; and’’; and truth, the Daniel Pearl Freedom of the I rise in support of House Resolution (C) by adding at the end the following new Press Act will ensure that our embas- 3714, the Daniel Pearl Freedom of the paragraph: Press Act of 2009. ‘‘(12) wherever applicable— sies and consulates overseas bring word ‘‘(A) a description of the status of freedom to Washington in a timely and regular b 1430 of the press, including initiatives in favor of fashion about those parts of the world I want to thank the gentleman from freedom of the press and efforts to improve where journalists face obstacles, har- California (Mr. SCHIFF), my good or preserve, as appropriate, the independence assment and physical harm merely for friend, and also my friend from Indiana of the media, together with an assessment of doing their job. (Mr. PENCE), our conference Chair, for progress made as a result of those efforts; I want to particularly congratulate ‘‘(B) an identification of countries in which introducing this important legislation there were violations of freedom of the press, my colleague and recognize him, ADAM on an issue of growing international including direct physical attacks, imprison- SCHIFF of California, for authoring this concern. ment, indirect sources of pressure, and cen- legislation which will enshrine in law A free press is indispensable to an in- sorship by governments, military, intel- the practice of including information formed public, to government account- ligence, or police forces, criminal groups, or about media freedom in the annual ability, and to the efficiency and integ- armed extremist or rebel groups; and Country Reports on Human Rights rity of public and commercial institu- ‘‘(C) in countries where there are particu- Practices written by the Department of tions. Here in the United States we larly severe violations of freedom of the State. enjoy the benefits of a robust free press— press, protected by the First Amend- ‘‘(i) whether government authorities of With passage of this legislation, our each such country participate in, facilitate, embassies and consulates will be re- ment to our Constitution. But in many or condone such violations of the freedom of quired to report every year on the sta- other parts of the world, telling the the press; and tus of press freedom in each country, truth as a journalist is dangerous and ‘‘(ii) what steps the government of each both the good and the bad. Where an even deadly calling. such country has taken to preserve the safe- media freedom is threatened in a coun- Sadly, this fact was underscored by ty and independence of the media, and to entry, our diplomats will report on what the life and death of the person for sure the prosecution of those individuals who whom this bill is named, the brave and attack or murder journalists.’’; and steps that government has taken to preserve journalists’ safety and inde- accomplished Wall Street Journal re- (2) in section 502B (22 U.S.C. 2304), by add- porter Daniel Pearl. In 2002, while re- ing at the end the following new subsection: pendence and to ensure the prosecution ‘‘(i) The report required by subsection (b) of those who commit violence against porting in Pakistan, Pearl was kid- shall include, wherever applicable— journalists. napped by violent Islamic extremists ‘‘(1) a description of the status of freedom Mr. Speaker, the dangers faced by who chose to murder him on videotape, of the press, including initiatives in favor of the media worldwide continue to after compelling him to recite the fact freedom of the press and efforts to improve mount. On World Press Freedom Day of his Jewish religion on camera. or preserve, as appropriate, the independence Whether the cause is extremism, cor- this past May, Freedom House reported of the media, together with an assessment of ruption, political repression, or the a seventh straight year of decline in progress made as a result of those efforts; dangers of reporting from conflict ‘‘(2) an identification of countries in which global media freedom, with twice as zones, journalists around the world there were violations of freedom of the press, many losses as gains and with deterio- face a rising tide of threats. So far this including direct physical attacks, imprison- ration occurring in every region of the ment, indirect sources of pressure, and cen- year, 68 journalists have been con- world. Of the 195 countries and terri- firmed killed in the line of duty or be- sorship by governments, military, intel- tories that Freedom House monitors, 36 ligence, or police forces, criminal groups, or cause of their reporting. Nearly half of armed extremist or rebel groups; and percent have a free press while 31 per- those, sadly, at least 30 journalists, ‘‘(3) in countries where there are particu- cent are rated partly free and 33 per- were killed in the shocking election-re- larly severe violations of freedom of the cent not free at all. As the organiza- lated massacre in the southern Phil- press— tion noted, ‘‘The press is democracy’s ippines on November 23. According to ‘‘(A) whether government authorities of first defense, and its vulnerability has the Committee to Protect Journalists, each such country participate in, facilitate, enormous implications for democracy there has been a 9 percent increase or condone such violations of the freedom of if journalists are not able to carry out over the 2008 levels in the imprison- the press; and their traditional watchdog role.’’ ‘‘(B) what steps the government of each ment of journalists worldwide. The such country has taken to preserve the safe- Daniel Pearl was one such watchdog. one-party regime in China continues to ty and independence of the media, and to en- A long-standing correspondent for The imprison the largest number of report- sure the prosecution of those individuals who Wall Street Journal and its South Asia ers of any one nation. attack or murder journalists.’’. bureau chief, he was investigating pos- But the Iranian regime runs a very The SPEAKER pro tempore. Pursu- sible terrorism links in Pakistan in close second, and its closure of yet an- ant to the rule, the gentleman from early 2002 when he was kidnapped, held other newspaper last week is another California (Mr. BERMAN) and the gen- hostage, tortured, and killed. His mur- sad reminder of the extent to which it tlewoman from Florida (Ms. ROS- der was videotaped and released on the has targeted independent and foreign LEHTINEN) each will control 20 minutes. Internet. media in the aftermath of the wide- The Chair recognizes the gentleman Although the circumstances of this spread election-related protests by the from California. horrific crime were meant to send a Iranian people. GENERAL LEAVE chilling message to the U.S. govern- And rounding out the shameful top Mr. BERMAN. Mr. Speaker, I ask ment and the world’s media, it served three, Cuba suffers perhaps the great- unanimous consent that all Members instead to strengthen our resolve. est per capita levels of press repression. may have 5 legislative days to revise A number of initiatives have been es- Even though it has only one-twelfth of and extend their remarks and to in- tablished in his name to promote inter- the population of China, the Cuban re- clude extraneous material on the bill cultural understanding and freedom of gime imprisons roughly the same num- under consideration. the press. We should let the legislation ber of journalists. Just last month,

VerDate Nov 24 2008 02:27 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.027 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14918 CONGRESSIONAL RECORD — HOUSE December 15, 2009 state security agents detained and beat journalists contribute to this grim pic- main silent in the face of these pur- Cuban bloggers Yoani Sanchez, Claudia ture. In Mexico, there has been a dra- poseful atrocities. Cadelo, and Omar Luis Pardo Lazo as matic increase in attacks on media Again, I thank Chairman BERMAN for they were on their way to a peaceful workers who try to cover corruption or his leadership on human rights issues march in Havana. What a sad irony gang activities. Very few of these at- and his support for the Daniel Pearl that is. tacks result in prosecution. As a re- Freedom of the Press Act. I also offer To help address these and other out- sult, journalists are driven towards my gratitude again to my colleague rages, the bill before us today would censoring their own reporting out of from Indiana, who has been such a beef up press-related reporting in the fear for their personal safety and the leader on this issue. State Department’s annual Country lives of their families. I urge all Members to support this Reports on Human Rights Practices. Legal mechanisms are also increas- legislation. Among other issues, the expanded re- ingly being used to restrict the media, Ms. ROS-LEHTINEN. Mr. Speaker, I ports would describe the extent to both through overt censorship and yield such time as he may consume to which foreign governments are through the use of repressive legisla- the gentleman from Indiana (Mr. complicit in attacks on press freedoms tion. This past April, the Sudanese PENCE), the chairman of our Repub- and what steps are being taken to pro- Parliament began consideration of a lican Conference, a member of the tect the media and to prosecute those bill that grants unprecedented author- Committee on Foreign Affairs. Mr. who attack and murder journalists. ity to impose strict disciplinary meas- PENCE is the primary cosponsor of this This new reporting will help focus the ures against journalists and allows the measure, and I hope that he takes the sunlight of public scrutiny even more government to both confiscate printing time to talk about our next bill, the powerfully on these violators of basic equipment and determine journalists’ Iran Sanctions Act, as well. rights. suitability for their profession. Suda- (Mr. PENCE asked and was given per- I want to thank, again, Mr. SCHIFF nese security officers visit newspapers mission to revise and extend his re- and Mr. PENCE for bringing forward nightly to determine what can be marks.) this important legislation, which de- printed and what will be censored. Mr. PENCE. I thank the gentle- serves our unanimous support. Freedom of expression cannot exist woman for yielding. Mr. Speaker, I reserve the balance of where journalists and the media are Mr. Speaker, today I rise in support my time. not independent and safe from repres- of H.R. 3714, the Daniel Pearl Freedom Mr. BERMAN. Mr. Speaker, I am sion, persecution, and physical attacks. of the Press Act. I do so with a pro- very pleased to yield such time as he And I believe freedom, accountability, found sense of privilege and gratitude may consume to the author of this leg- and democracy cannot flourish without to those who have gone before me on islation, the gentleman from California a free press. It is the essential check on the floor today. (Mr. SCHIFF), my friend, colleague, and the power of the state. Sadly, that To Chairman BERMAN of California, neighbor. power has tempted too many govern- to the ranking member, Ms. ROS- Mr. SCHIFF. At the outset, let me ments, drug cartels, arms smugglers, LEHTINEN of Florida, your partnership extend my thanks to my friend and fel- and others to target journalists in an on behalf of a free and independent low Californian, the distinguished effort to silence them. Sadder still is press on the world stage should be an chairman of the Foreign Affairs Com- the indifference of governments world- inspiration to every American looking mittee, who has been such a forceful on these proceedings. advocate on the issue of media freedom wide who have failed to recognize that I especially want to express my ap- around the world. by failing to protect the media, we are By passing the Daniel Pearl Freedom endangering fragile, young democ- preciation for the visionary leadership of the Press Act today, the House racies and buttressing autocratic re- of Congressman ADAM SCHIFF, who brings much-needed attention to a crit- gimes and criminal syndicates. brought this legislation and who in- ical human rights issue. It is especially To highlight the work of journalists vited us to partner in his vision for ex- auspicious that we do it today, Decem- worldwide and to document the dan- panding awareness of the people of the ber 15, which is Bill of Rights Day in gers they confront, my colleague from United States and the people of the honor of the first 10 amendments to Indiana (Mr. PENCE) and I introduced world of the repression of the free our Constitution. The First Amend- the Daniel Pearl Freedom of the Press press. Congressman SCHIFF and I were ment, which guarantees freedom of Act to focus the world’s attention on elected in the same year. We have un- speech and freedom of the press, is con- those countries in which journalists doubtedly followed different paths and sidered by many historians and legal are killed, imprisoned, kidnapped, usually voted differently on things. We scholars to be the single most impor- threatened, or censored. I couldn’t occasionally disagree, but we always tant of our constitutional liberties. have a better partner in this legisla- agree on freedom and a free and inde- We all remember when Daniel Pearl, tion than Mr. PENCE, and I greatly ap- pendent press, and I commend the gen- a highly respected reporter from The preciate his advocacy of the freedom of tleman from California for his singular Wall Street Journal, was kidnapped the press. leadership on this issue and the privi- and murdered by terrorists in Pakistan The legislation calls upon the Sec- lege of working with him. just 4 months after 9/11. Although four retary of State to greatly expand its It is altogether fitting, as the gentle- of the kidnappers were convicted in examination of the status of freedom of woman referred earlier, though, that I July of 2002, seven other suspects, in- the press worldwide in the State De- should do so not only during this de- cluding those who allegedly helped partment’s annual Country Reports on bate but also in anticipation of the de- murder Daniel, remain at large. Human Rights Practices. The Daniel bate on the next legislation, a bipar- This past year has been particularly Pearl Act requires the State Depart- tisan measure known as the Iran Re- deadly for journalists. According to the ment to identify countries in which fined Petroleum Sanctions Act, to spe- Committee to Protect Journalists, a there were violations of freedom of the cifically point out the abuses of the re- total of 89 journalists and media work- press and whether the government au- gime in Iran and express my strong ers have been killed this year. More thorities in those countries participate support for H.R. 2194 as well in the than a third of these victims, 30, were in, facilitate, or condone the viola- midst of this debate. gunned down in one horrific incident in tions. This report will spotlight those The reason why the Iran Refined Pe- the Philippines when 29 journalists and governments which seek to silence troleum Sanctions Act has broad bipar- at least one media support worker were media opposition. It is my fervent hope tisan support, and that will be re- ambushed and brutally slain on No- that by spotlighting media repression flected on the floor this day, is, among vember 23 as they traveled with a con- in the human rights reports, American other reasons, the support for ter- voy of people who intended to file gu- diplomats, Members of Congress, and rorism by Iran, the pursuit of weapons bernatorial candidacy papers for a pro- journalists will press for greater proof mass destruction, the deception to vincial politician. tections and for the capture and pun- the world community again and again. Unbelievable stories of physical har- ishment of those who abuse or kill re- But to the point of this debate, it is assment and acts of violence against porters. We cannot and we must not re- also imperative that the people of the

VerDate Nov 24 2008 03:03 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.083 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14919 United States of America send a mes- As a conservative who believes in deal with freedom of speech and with sage to Iran that the aggressive repres- limited government, I believe the only the freedom of press. sion of a free press in Iran will not be check on government power in real- You will notice the amendment to tolerated in the form of normal rela- time is a free and independent press. I our Constitution guarantees a free tions with the United States of Amer- don’t believe our Founders put the press. It does not guarantee a fair ica either diplomatically or economi- First Amendment, freedom of the press, as ‘‘fair’’ is always in the eyes of cally. press, in our Bill of Rights because the beholder; but it guarantees the At this point, the Committee to Pro- they got good press. I believe it’s be- right that a press may exist and com- tect Journalists reports there are some cause they believed in limited govern- municate, first, through the written 23 journalists in prison in Iran. Last ment and believed in the need to con- word about what is taking place in a week, we received word that another strain consolidations of power. free society, in a democracy, in a re- opposition newspaper was closed in A free and independent press ensures public. Iran is a perfect example of a Iran. And, of course, the world watched the free flow of information to the pub- nation that does not believe in a free in horror in the aftermath of the bla- lic. It serves as a vital check on such press or in a press of any kind. It does tantly fraudulent elections of this past abuses during a time when the role of not want to have its illegitimate re- June in Iran, as not only did the secret government in our lives and in our en- gime exposed to the world in order to police stream into the streets to si- terprises here at home seems to grow let the world know what is taking lence, oftentimes by billy club and vio- every day. Yet taking a stand today for place in that country. lence, the dissidents, but we also the principle of a free press, not only We have all seen the students who watched in horror as the Internet was home but in making the means avail- protested last summer and, more re- silenced, as YouTube videos were cut able to hold the lamp of liberty high cently, in the last week and a half. We off, as access to the free flow of infor- and to shine it deep into the crevices of have all seen how the regime in Iran mation was stymied by the brutality of this world to expose abuses of the free- blocked Internet access and blocked the regime in Iran. So I endorse the dom of the press, is a noble task, in- cell phone usage so that photographs of legislation that will be brought up, but deed. So I rise today in support of this what took place could not be trans- I see a nexus here between the two and legislation. mitted somewhere else. We have seen can’t help but reference it. I commend Chairman BERMAN and that journalists were hauled off to jail The legislation that Congressman Ranking Member ROS-LEHTINEN for and were tried before the star chamber SCHIFF and I have brought to the floor their bipartisan leadership. I commend in secret and that some of them were will serve two purposes: the gentleman from California, Con- sentenced to the penitentiary. Speech Number one, it will remember the ex- gressman ADAM SCHIFF, for his vision- is silenced in Iran, both that of the oral traordinary sacrifice and courage of ary leadership in bringing this legisla- word and the written word. A free press one Daniel Pearl, kidnapped and mur- tion to the floor. is the enemy of a dictator. dered by terrorists in Karachi, Paki- More importantly than that, I salute President Ahmadinejad is in defiance stan just 4 months after the attacks of the bravery of reporters like Daniel of world peace. He is determined to September the 11th, 2001. He was serv- Pearl and Gustavo Azocar and of press build nuclear weapons, and he is deter- ing as a South Asia Bureau Chief for outlets around the world which, day in mined to build missiles that are capa- The Wall Street Journal that, at the and day out, stand in the gap, often- ble of delivering those nuclear weap- time, was based in Mumbai, India. He times risking their liberty and, in the ons. Of course, he has made those plans went to Pakistan as part of an inves- case of Daniel Pearl, in fact, risking of his clear to destroy Israel and to be tigation into the alleged links between his life to do the work of a free and a constant threat to the West, espe- Richard Reid, the convicted would-be independent press in the world. cially to Europe and to the United shoe bomber of American Airlines I urge those in that service to stand States. He oppresses his own people. flight 63, and al Qaeda and Pakistan’s firm, to take heart and to know that That is why those people, those young Inter-Services Intelligence Agency. those of us in public life, that those of people, including journalists and re- Tragically, Mr. Pearl was brutally exe- us in public service, also understand form clergy members, are opposing his cuted by his captors. The legislation that those who serve in the world of legitimacy to be ruler over them. today is named in his memory, and I journalism are also in the business of My own opinion is that, in that na- hope his family may well be looking on public service. tion, the more the world hears about today and know that his memory, his I urge this Congress to stand in soli- what takes place there, the more the courage, and his example of what it darity with those on the front lines of world will support the people of Iran means to advance the practice of jour- the worldwide fight for the freedom of and a regime change. I hope that we nalism on the world stage will never be the press, and I urge support for the stand by the people of Iran, who desire forgotten in this body. Daniel Pearl Freedom of the Press Act to have self-determination and to rule But the legislation today is not sim- and for the legislation that will follow. their country in spite of their rogue ply a tribute. The Daniel Pearl Free- Ms. ROS-LEHTINEN. I am very dictator. dom of the Press Act also will result in pleased to yield 5 minutes to the gen- Of course, now before us today is an- an effort to highlight and promote free- tleman from Texas, Judge POE, a mem- other bill regarding sanctions of Iran. dom of the press by including such re- ber of the Committee on Foreign Af- I, personally, am not a big fan of sanc- ports in the State Department’s annual fairs and a cosponsor of this measure. I tions. Historically, they haven’t Country Reports on Human Rights hope that he will address not only this worked. Some countries have always Practices information. resolution but the one that follows it, figured out a way to get around it. To b 1445 the Iran Refined Petroleum Sanctions me, sanctions usually mean that we As we consider this legislation, we Act. kick the problem on down the road remember Daniel Pearl’s legacy, and Mr. POE of Texas. I appreciate the with the intention of maybe dealing we think of the stories of so many oth- gentlewoman for yielding. I totally with it later. However, preventing re- ers on the front lines of freedom. support this legislation. fined gasoline from getting to Iran is a Gustavo Azocar is a political talk Mr. Speaker, the First Amendment good idea, and that is what this sanc- show host, newspaper correspondent to our Constitution is first for a rea- tion that we will talk about later and and blogger in Venezuela, and he is a son. The items stated in the First vote on is all about. It may have the vocal critic of Hugo Chavez. Azocar Amendment—the right of freedom of result of helping the people of Iran was jailed in 2009 after posting infor- religion, the right of freedom of speech change their illegitimate government. mation about his court case online. and of a free press and the right to Mr. Speaker, dictators hate a free Amnesty International’s 2009 ‘‘Report peaceably assemble—are in the First press, but a free press is essential to a on Human Rights in Venezuela’’ noted Amendment because they are the most free people whether those free people the physical attacks and imprisonment important. Without those four, the rest are in the United States or whether of journalists by this corrupt and des- of the amendments that follow are those free people are in the nation of potic regime. meaningless, especially the two which Iran.

VerDate Nov 24 2008 03:03 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.084 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14920 CONGRESSIONAL RECORD — HOUSE December 15, 2009 And that’s just the way it is. saults on the pillars of a democratic so- to suppress any dissidents and any free Mr. BERMAN. Mr. Speaker, I yield 2 ciety, and they will continue unabated press. minutes to the gentleman from Cali- unless responsible nations stand up to I yield back the balance of my time. fornia (Mr. SCHIFF). Chavez and send a clear message to Mr. BERMAN. Mr. Speaker, I yield Mr. SCHIFF. I thank the gentleman. him and to others in the region that back the balance of my time. I will be very brief. this behavior will not be tolerated. Ms. JACKSON-LEE of Texas. Mr. Speaker, Mr. Speaker, I wanted to add to the There is a list that I would like to I rise today in support of H.R. 3714, the Daniel comments that my colleagues have read of five journalists who were killed Pearl Freedom of the Press Act of 2009. This made in their segue to the bill that fol- in Venezuela: Orel Sambrano of ABC de legislation amends the Foreign Assistance Act lows the Daniel Pearl Freedom of the la Semana and Radio America, who of 1961 by expanding. the Annual Country Re- Press Act, which is the Iran Refined was killed on January 16, 2009, in Va- ports on Human Rights Practices to include in- Petroleum Sanctions Act. lencia; Jorge Aguirre of Cadena formation about freedom of the press in for- I am a strong supporter of this legis- Capriles, who was killed on April 5, eign countries and establishing a grant pro- lation. I commend my colleagues, 2006, in Caracas; Jorge Ibrain Tortoza gram to promote freedom of the press world- Chairman BERMAN and Ranking Mem- Cruz, who was killed on April 11, 2002, wide. I support this resolution because I be- ber ROS-LEHTINEN, for their leadership in Caracas; Maria Veronica Tessari of lieve that freedom of the press is an important on this issue. Colombian Media, who was killed on pillar of democracy and should be actively pro- One of the most serious threats fac- January 15, 1993, in Caracas; and moted in our foreign policy. ing our country is the prospect of a nu- Virgilio Fernandez of El Universal, who I would like to first thank my colleague, Con- clear-armed Iran. This is an oppressive was killed on November 27, 1992, in La gressman ADAM SCHIFF, for introducing this regime, one that has threatened to Carlota, Venezuela. valuable legislation. Freedom of the press is wipe one of its neighbors off the map. Just a little while ago, the Com- essential to a functioning democracy. In 1823, The possession of a nuclear bomb by mittee to Protect Journalists gave us Thomas Jefferson said, ‘‘The only security of Iran is enormously dangerous in its the news of a journalist who was crit- all is in a free press. The force of public opin- own regard, but it is all the more de- ical of the Venezuelan Government. He ion cannot be resisted when permitted freely stabilizing in its potential of starting a was arrested on contempt of court to be expressed. The agitation it produces nuclear arms race in the Middle East. charges. Journalist Gustavo Azocar must be submitted to. It is necessary, to keep The President has offered carrots and was arrested with trumped-up charges. the waters pure.’’ Unfortunately, the truth of the international community has of- Azocar is the host of a news and polit- that statement, which is codified in the United fered carrots to Iran to step back from ical commentary show on local TV sta- States Constitution, is not universally recog- its pursuit of nuclear weapons. The tion Televisora del Tachira, and is a nized and the freedom of the press is not uni- Congress today takes an important correspondent for the national daily El versally protected. step to make sure that there are sticks Universal in the western city of San In Iran, for example, the government assidu- which are offered as well if Iran refuses Cristobal. ously monitors the press and journalists and the very generous offer by the inter- These are just more examples of the media outlets face government repression if national community to reprocess ura- repression and suppression of free press protocol is not followed. An Iranian journalist, nium—to provide it for peaceful energy by Hugo Chavez of Venezuela. Fariba Pajooh, has been detained since Au- purposes, to have Iran send its uranium Mr. ENGEL. Would the gentlewoman gust of this year without being told of her out of the country so that it can be put yield? charge. That is merely the tip of the iceberg: in a form where it cannot be used for Ms. ROS-LEHTINEN. Yes, I yield to according to Reporters without Borders, since nuclear weapons. the chairman of the Western Hemi- the June Presidential election, the Iranian gov- This legislation, which will poten- sphere Subcommittee, my good friend ernment has arrested more than 100 reporters tially crack down on Iran’s ability to from New York (Mr. ENGEL). and sentenced those reporters to more than refine its petroleum, will put the most Mr. ENGEL. I thank the gentle- 65 years in prison. severe pressure on the Iranian regime woman for yielding. Not coincidentally, those governments that to back away from a program that Mr. Speaker, as she was mentioning refuse to recognize the freedom of the press time and again we have seen it pursue, Venezuela, quite wisely, I agreed with are the same governments who have the most as much as it has declared to the con- everything she said about the lack of to fear from democracy. Governments that trary. So this legislation, I think more freedom of the press and about the suppress, intimidate, or oppress journalists do so than any other, will put teeth in a shutting down of opposition news- so because their regimes do not have the full regime of sanctions, will put pressure papers. Because the next bill we will be legitimacy that marks democratic govern- on Iran to back away from its nuclear talking about involves sanctions ments. It is understandable but not forgivable bomb-making efforts, and in so doing, against Iran, as Subcommittee chair- that a government afraid of the destabilizing will inure to the safety of our own man of the Western Hemisphere, I want influence of the truth would restrict the press. country, to the safety of Israel and to to raise a concern about Venezuela, The long-term best interest of any country is the entire region. which arose at my October hearing, on protected, though, when a country is allowed So I thank the chairman for his lead- Iran’s role in the Western Hemisphere. to know the truth about its government and ership on this. I urge my colleagues to Venezuelan leader Hugo Chavez re- the world. support the Iran Refined Petroleum cently agreed to provide 20,000 barrels H.R. 3714 provides the United States and Sanctions Act. per day of refined gasoline to Iran. It’s the world with a powerful tool to advocate for Ms. ROS-LEHTINEN. I yield myself anyone’s guess as to whether this will freedom of the press. Under this legislation, such time as I may consume. be implemented, but the deal may be the State Department will be required to in- Mr. Speaker, I would like to take the covered by the bill that we consider clude freedom of the press in the Annual time to talk about the problems of now and that we are considering next. Country reports on Human Rights Practices. media control in Venezuela as ruled by While some question whether Ven- The State Department will describe the posi- Hugo Chavez. ezuela has the ability to provide gaso- tive and negative steps that governments have As we know, there was a new intel- line to Iran, since it imports some gas- taken with regards to freedom of the press. ligence report that outlined the oline to meet its own domestic de- Additionally, H.R. 3714 establishes a grant schemes of Hugo Chavez, who is the mand, President Chavez is clearly ap- program whereby the U.S. State Department supposed President of Venezuela, to proaching a perilous area. I hope that can fund activities by nonprofit and inter- control media. It is a sign of further Chavez reconsiders this unwise step. national organizations to strengthen inde- deterioration of the freedom of expres- I thank the gentlewoman, as always, pendent journalism, promote laws protecting sion, of democracy and of human rights for pointing out what is going on. the freedom of the press, and provide training in Venezuela under the Chavez rule. Ms. ROS-LEHTINEN. I thank the to professionalize journalists. He ratcheted up his rhetoric against gentleman. This legislation will raise the profile of free- free speech and against political oppo- Mr. Speaker, he makes excellent dom of the press around the world. By enu- nents by shutting down broadcast sta- points also about the tie-in between merating the abuses committed as well as the tions across the country. These are as- Chavez and Ahmadinejad as they seek positive steps taken towards a free press, the

VerDate Nov 24 2008 03:03 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 9920 E:\CR\FM\K15DE7.094 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14921 world will see plainly the status of democracy has adopted a range of sanctions designed to thority to impose additional sanctions on in every country. Additionally, it will allow the encourage the Government of Iran to sus- the Government of Iran; United States to help foster independent jour- pend those activities and comply with its ob- (2) the concerns of the United States re- ligations under the Treaty on the Non-Pro- nalism in countries in every region that do not garding Iran are strictly the result of the ac- liferation of Nuclear Weapons (commonly tions of the Government of Iran; have the tradition or the capacity for a profes- known as the ‘‘Nuclear Non-Proliferation (3) the revelation in September 2009 that sional free press. Treaty’’). Iran is developing a secret uranium enrich- In addition to the foreign policy benefits, I (4) As a presidential candidate, then-Sen- ment site on an Islamic Revolutionary support this legislation, because I believe that ator Obama stated that additional sanctions, Guard Corps base near Qom, which appears it is a fitting tribute to a great American, Daniel especially those targeting Iran’s dependence to have no civilian application, highlights Pearl. Mr. Pearl was a Wall Street Journal cor- on imported refined petroleum, may help to the urgency for Iran to fully disclose the full persuade the Government of Iran to abandon respondent who was abducted and beheaded nature of its nuclear program, including any its illicit nuclear activities. other secret locations, and provide the Inter- in Karachi, Pakistan in early 2002. His life was (5) On October 7, 2008, then-Senator Obama spent in the pursuit of spreading truth through national Atomic Energy Agency (IAEA) un- stated, ‘‘Iran right now imports gasoline, fettered access to its facilities pursuant to professional journalism and in his death he even though it’s an oil producer, because its Iran’s legal obligations under the Treaty on has become a symbol of the free press. This oil infrastructure has broken down. If we can the Non-Proliferation of Nuclear Weapons bill adds to the legacy he built with his life. prevent them from importing the gasoline and Iran’s Safeguards Agreement with the that they need and the refined petroleum The SPEAKER pro tempore (Mr. IAEA; products, that starts changing their cost- PERRIELLO). The question is on the mo- (4) because of its involvement in Iran’s nu- benefit analysis. That starts putting the clear program and other destabilizing activi- tion offered by the gentleman from squeeze on them.’’. ties, the President should impose sanctions, California (Mr. BERMAN) that the (6) On June 4, 2008, then-Senator Obama including the full range of sanctions other- House suspend the rules and pass the stated, ‘‘We should work with Europe, Japan, bill, H.R. 3714, as amended. and the Gulf states to find every avenue out- wise applicable to Iran, on any individual or entity that is an agent, alias, front, instru- The question was taken. side the U.N. to isolate the Iranian regime— from cutting off loan guarantees and expand- mentality, representative, official, or affil- The SPEAKER pro tempore. In the iate of the Islamic Revolutionary Guard opinion of the Chair, two-thirds being ing financial sanctions, to banning the export of refined petroleum to Iran.’’. Corps or is an individual serving as a rep- in the affirmative, the ayes have it. (7) Major European allies, including the resentative of the Islamic Revolutionary Mr. BERMAN. Mr. Speaker, I object United Kingdom, France, and Germany, have Guard Corps, or on any person that has con- to the vote on the ground that a advocated that sanctions be significantly ducted any commercial transaction or finan- quorum is not present and make the toughened should international diplomatic cial transaction with such entities; point of order that a quorum is not efforts fail to achieve verifiable suspension (5) Government to Government agreements present. of Iran’s uranium enrichment program and with Iran to provide the regime with refined petroleum products, such as the September The SPEAKER pro tempore. Pursu- an end to its nuclear weapons program and other illicit nuclear activities. 2009 agreement under which the Government ant to clause 8 of rule XX and the (8) The serious and urgent nature of the of Venezuela committed to provide 20,000 Chair’s prior announcement, further threat from Iran demands that the United barrels of gasoline per day to Iran, under- proceedings on this motion will be States work together with U.S. allies to do mine efforts to pressure Iran to suspend its postponed. everything possible—diplomatically, politi- nuclear weapons program and cease all en- The point of no quorum is considered cally, and economically—to prevent Iran richment activities; and withdrawn. from acquiring a nuclear weapons capability. (6) the people of the United States— (9) The human rights situation in Iran has (A) have feelings of friendship for the peo- f steadily deteriorated in 2009, as punctuated ple of Iran; and by the transparent fraud that occurred on b 1500 (B) hold the people of Iran, their culture, June 12, 2009, the brutal repression and mur- and their ancient and rich history in the IRAN REFINED PETROLEUM der, arbitrary arrests, and show trials of highest esteem. peaceful dissidents, and ongoing suppression SANCTIONS ACT OF 2009 (c) STATEMENT OF POLICY.—It shall be the of freedom of expression. Mr. BERMAN. Mr. Speaker, I move (10) The Iranian regime has been unrespon- policy of the United States— to suspend the rules and pass the bill sive to, and at times contemptuous of, the (1) to prevent Iran from achieving the capability to make nuclear weapons, including (H.R. 2194) to amend the Iran Sanctions Obama Administration’s unprecedented and serious efforts at engagement, revealing that by supporting international diplomatic ef- Act of 1996 to enhance United States forts to halt Iran’s uranium enrichment pro- diplomatic efforts with respect to Iran Tehran is not interested in a diplomatic resolution, as made clear, for example, by the gram; by expanding economic sanctions following: (2) to fully implement and enforce the Iran against Iran, as amended. (A) Iran’s apparent rejection of the Tehran Sanctions Act of 1996 as a means of encour- The Clerk read the title of the bill. Research Reactor plan, generously offered by aging foreign governments to— The text of the bill is as follows: the United States and its partners, of poten- (A) direct state-owned entities to cease all investment in, and support of, Iran’s energy H.R. 2194 tially great benefit to the Iranian people, and endorsed by Iran’s own negotiators in sector and all exports of refined petroleum Be it enacted by the Senate and House of Rep- October, 2009. products to Iran; and resentatives of the United States of America in (B) Iran’s ongoing clandestine nuclear (B) require private entities based in their Congress assembled, weapons program, as evidenced by its work territories to cease all investment in, and SECTION 1. SHORT TITLE. on the secret uranium enrichment facility at support of, Iran’s energy sector and all ex- This Act may be cited as the ‘‘Iran Refined Qom, its subsequent refusal to cooperate ports of refined petroleum products to Iran; Petroleum Sanctions Act of 2009’’. fully with IAEA inspectors, and its an- (3) to impose sanctions on— SEC. 2. FINDINGS; SENSE OF CONGRESS; STATE- nouncement that it would build 10 new ura- (A) the Central Bank of Iran, and any other MENT OF POLICY. nium enrichment facilities. financial institution in Iran that is engaged (a) FINDINGS.—Congress finds the fol- (C) Iran’s ongoing arms exports and sup- in proliferation activities or support of ter- lowing: port to terrorists in direct contravention of rorist groups, and (1) The illicit nuclear activities of the Gov- United Nations Security Council resolutions. (B) any other financial institution that ernment of Iran—combined with its develop- (D) Iran’s absurd claims that the West, and conducts financial transactions with the ment of unconventional weapons and bal- specifically the United States, have fo- Central Bank of Iran or with another finan- listic missiles, and support for international mented the waves of anti-regime protests cial institution described in subparagraph terrorism—represent a serious threat to the that followed the June 12, 2009, election in (A), security of the United States and U.S. allies Iran. including through the use of Executive Or- in Europe, the Middle East, and around the (E) Iran’s July 31, 2009, arrest of three ders 13224, 13382, and 13438 and United Na- world. young Americans on spying charges. tions Security Council Resolutions 1737, 1747, (2) The United States and other responsible (b) SENSE OF CONGRESS.—It is the sense of 1803, and 1835; nations have a vital interest in working to- the Congress that— (4) to persuade the allies of the United gether to prevent the Government of Iran (1) international diplomatic efforts to ad- States and other countries to take appro- from acquiring a nuclear weapons capability. dress Iran’s illicit nuclear efforts, unconven- priate measures to deny access to the inter- (3) The International Atomic Energy Agen- tional and ballistic missile development pro- national financial system by Iranian banks cy (IAEA) has repeatedly called attention to grams, and support for international ter- and financial institutions involved in pro- Iran’s unlawful nuclear activities, and, as a rorism are more likely to be effective if the liferation activities or support of terrorist result, the United Nations Security Council President is empowered with the explicit au- groups;

VerDate Nov 24 2008 04:29 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.041 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14922 CONGRESSIONAL RECORD — HOUSE December 15, 2009 (5) to support all Iranian citizens who em- ‘‘(ii) Underwriting or otherwise providing issued under section 25 of the Office of Fed- brace the values of freedom, human rights, insurance or reinsurance for an activity de- eral Procurement Policy Act (41 U.S.C. 421) civil liberties, and the rule of law; and scribed in clause (i). each person that is debarred, suspended, pro- (6) for the Secretary of State to make ‘‘(iii) Financing or brokering an activity posed for debarment, or declared ineligible every effort to assist United States citizens described in clause (i).’’. by the head of an executive agency on the held hostage in Iran at any time during the (b) DESCRIPTION OF SANCTIONS.—Section 6 basis of a determination of a false certifi- period beginning on November 4, 1979 and of such Act is amended— cation under subparagraph (A). ending on January 20, 1981, and their sur- (1) by striking ‘‘The sanctions to be im- ‘‘(C) RULE OF CONSTRUCTION.—This sub- vivors in matters of compensation related to posed on a sanctioned person under section 5 section shall not be construed to limit the such citizens’ detention. are as follows:’’ and inserting the following: use of other remedies available to the head SEC. 3. AMENDMENTS TO THE IRAN SANCTIONS ‘‘(a) IN GENERAL.—The sanctions to be im- of an executive agency or any other official ACT OF 1996. posed on a sanctioned person under sub- of the Federal Government on the basis of a (a) EXPANSION OF SANCTIONS.—Section 5(a) sections (a)(1)(A) and (b)(1) of section 5 are as determination of a false certification under of the Iran Sanctions Act of 1996 (50 U.S.C. follows:’’; paragraph (1). 1701 note) is amended to read as follows: (2) in paragraph (4), by striking ‘‘section 5’’ ‘‘(4) IMPLEMENTATION THROUGH THE FED- ‘‘(a) SANCTIONS WITH RESPECT TO THE DE- each place it appears and inserting ‘‘sub- ERAL ACQUISITION REGULATION.—Not later VELOPMENT OF PETROLEUM RESOURCES OF sections (a)(1)(A) and (b) of section 5’’; and than 120 days after the date of the enactment IRAN AND EXPORTATION OF REFINED PETRO- (3) by adding at the end the following: of the Iran Refined Petroleum Sanctions Act LEUM TO IRAN.— ‘‘(b) ADDITIONAL MANDATORY SANCTIONS.— of 2009, the Federal Acquisition Regulation ‘‘(1) DEVELOPMENT OF PETROLEUM RE- The sanctions to be imposed on a sanctioned issued pursuant to section 25 of the Office of SOURCES OF IRAN.— person under paragraphs (1)(B) and (2) of sec- Federal Procurement Policy Act (41 U.S.C. ‘‘(A) INVESTMENT.—Except as provided in tion 5(a) are as follows: 421) shall be revised to provide for the imple- subsection (f), the President shall impose 2 ‘‘(1) FOREIGN EXCHANGE.—The President mentation of the requirements of this sub- or more of the sanctions described in para- shall prohibit any transactions in foreign ex- section. graphs (1) through (6) of section 6(a) if the change by the sanctioned person. ‘‘(5) CLARIFICATION REGARDING CERTAIN President determines that a person has ‘‘(2) BANKING TRANSACTIONS.—The Presi- PRODUCTS.—Section 5(f)(2) applies with re- knowingly, on or after the date of the enact- dent shall prohibit any transfers of credit or spect to the imposition of remedies under ment of this Act, made an investment of payments between, by, through, or to any fi- paragraph (3) to the same extent as such sec- $20,000,000 or more (or any combination of in- nancial institution, to the extent that such tion applies with respect to sanctions under vestments of at least $5,000,000 each, which transfers or payments involve any interest of subsection (a) or (b) of section 5.’’. in the aggregate equals or exceeds $20,000,000 the sanctioned person. (c) ADDITIONAL MANDATORY SANCTIONS RE- in any 12-month period), that directly and ‘‘(3) PROPERTY TRANSACTIONS.—The Presi- LATING TO TRANSFER OF NUCLEAR TECH- significantly contributed to the enhance- dent shall prohibit any acquisition, holding, NOLOGY.—Section 5(b) of the Iran Sanctions ment of Iran’s ability to develop petroleum withholding, use, transfer, withdrawal, Act of 1996 is amended— resources of Iran. transportation, importation, or exportation (1) by redesignating paragraphs (1) and (2) ‘‘(B) PRODUCTION OF REFINED PETROLEUM of, dealing in, or exercising any right, power, as subparagraphs (A) and (B), respectively, PRODUCTS.—Except as provided in subsection or privilege with respect to, or transactions and moving such paragraphs 2 ems to the (f), the President shall impose the sanctions involving, any property in which the sanc- right; described in section 6(b) if the President de- tioned person has any interest by any per- (2) by striking ‘‘The President shall im- termines that a person knowingly sells, son, or with respect to any property, subject pose’’ and inserting the following: leases, or provides to Iran any goods, serv- to the jurisdiction of the United States. ‘‘(1) IN GENERAL.—The President shall im- ices, technology, information, or support, or ‘‘(c) ADDITIONAL MEASURE RELATING TO RE- pose’’; enters into a contract to sell, lease, or pro- FINED PETROLEUM PRODUCTS.— (3) by striking ‘‘section 6’’ and inserting vide to Iran any goods, services, technology, ‘‘(1) IN GENERAL.—The head of each execu- ‘‘section 6(a)’’; and information, or support, that would allow tive agency shall ensure that each contract (4) by adding at the end the following: Iran to maintain or expand its domestic pro- with a person entered into by such executive ‘‘(2) ADDITIONAL SANCTION.— duction of refined petroleum products, in- agency for the procurement of goods or serv- ‘‘(A) RESTRICTION.—In any case in which a cluding any assistance in the construction, ices, or agreement for the use of Federal person is subject to sanctions under para- modernization, or repair of refineries that funds as part of a grant, loan, or loan guar- graph (1) because of an activity described in make refined petroleum products, if— antee to a person, includes a clause that re- such paragraph that relates to the acquisi- ‘‘(i) the value of the goods, services, tech- quires the person to certify to the con- tion or development of nuclear weapons or nology, information, or support provided in tracting officer or other appropriate official related technology or of missiles or other ad- such sale, lease, or provision, or to be proof such agency that the person does not con- vanced conventional weapons that are capa- vided in such contract, exceeds $200,000; or duct any activity described in paragraph ble of delivering a nuclear weapon, then not- ‘‘(ii) the value of the goods, services, tech- (1)(B) or (2) of section 5(a). withstanding any other provision of law, the nology, information, or support provided in ‘‘(2) EXCLUSION.—Paragraph (1) shall not following measures shall apply with respect any combination of such sales, leases, or pro- apply to a loan or other program under title to the country that has jurisdiction over vision in any 12-month period, or to be pro- IV of the Higher Education Act of 1965 (20 such person, unless the President determines vided under contracts entered into in any 12- U.S.C. 1070 et seq.), or to any payment of and notifies the appropriate congressional month period, exceeds $500,000. educational assistance by the Secretary of committees that the government of such ‘‘(2) EXPORTATION OF REFINED PETROLEUM Veterans Affairs under title 38, United country has taken, or is taking, effective ac- PRODUCTS TO IRAN.— States Code. tions to penalize such person and to prevent ‘‘(A) IN GENERAL.—Except as provided in ‘‘(3) REMEDIES.— a reoccurrence of such activity in the future: subsection (f), the President shall impose the ‘‘(A) IN GENERAL.—If the head of the execu- ‘‘(i) No agreement for cooperation between sanctions described in section 6(b) if the tive agency determines that such person has the United States and the government of President determines that a person know- submitted a false certification under para- such country may be submitted to the Presi- ingly provides Iran with refined petroleum graph (1) after the date on which the Federal dent or to Congress pursuant to section 123 products or knowingly engages in any of the Acquisition Regulation is revised to imple- of the Atomic Energy Act of 1954 (42 U.S.C. activities described in subparagraph (B), if— ment the requirements of this subsection, 2153), or may enter into force. ‘‘(i) the value of such products or of the the head of an executive agency may termi- ‘‘(ii) No license may be issued for the ex- goods, services, technology, information, or nate a contract, or agreement described in port, and no approval may be given for the support provided or to be provided in connec- paragraph (1), with such person or debar or transfer or retransfer, directly or indirectly, tion with such activity exceeds $200,000; or suspend such person from eligibility for Fed- to such country of any nuclear material, fa- ‘‘(ii) the value of such products, or of the eral contracts or such agreements for a pe- cilities, components, or other goods, serv- goods, services, technology, information, or riod not to exceed 3 years. Any such debar- ices, or technology that would be subject to support, provided or to be provided in con- ment or suspension shall be subject to the an agreement to cooperation. nection with any combination of providing procedures that apply to debarment and sus- ‘‘(B) CONSTRUCTION.—The restrictions in such products or such activities, in any 12- pension under the Federal Acquisition Regu- subparagraph (A) shall apply in addition to month period exceeds $500,000. lation under subpart 9.4 of part 9 of title 48, all other applicable procedures, require- ‘‘(B) ACTIVITIES DESCRIBED.—The activities Code of Federal Regulations. ments, and restrictions contained in the referred to in subparagraph (A) are the fol- ‘‘(B) INCLUSION ON LIST OF PARTIES EX- Atomic Energy Act of 1954 and other laws. lowing: CLUDED FROM FEDERAL PROCUREMENT AND ‘‘(C) DEFINITION.—In this paragraph, the ‘‘(i) Providing ships, vehicles, or other NONPROCUREMENT PROGRAMS.—The Adminis- term ‘agreement for cooperation’ has the means of transportation to deliver refined trator of General Services shall include on meaning given that term in section 11 b. of petroleum products to Iran, or providing the List of Parties Excluded from Federal the Atomic Energy Act of 1954 (42 U.S.C. services relating to the shipping or other Procurement and Nonprocurement Programs 2014(b)).’’. transportation of refined petroleum products maintained by the Administrator under part (d) STRENGTHENING OF WAIVER AUTHORITY to Iran. 9 of the Federal Acquisition Regulation AND SANCTIONS IMPLEMENTATION.—

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(1) INVESTIGATIONS.—Section 4(f) of the ‘‘(C) engaged in any activity described in ‘‘(16) REFINED PETROLEUM PRODUCTS.—The Iran Sanctions Act of 1996 (50 U.S.C. 1701 section 5(a)(2)(B). term ‘refined petroleum products’ means note) is amended— ‘‘(2) DESCRIPTION.—For each activity set gasoline, kerosene, diesel fuel, residual fuel (A) in paragraph (1)— forth in subparagraphs (A) through (C) of oil, and distillates and other goods classified (i) by striking ‘‘should initiate’’ and insert- paragraph (1), the President shall provide a in headings 2709 and 2710 of the Harmonized ing ‘‘shall immediately initiate’’; complete and detailed description of such ac- Tariff Schedule of the United States.’’. (ii) by inserting ‘‘or 5(b)’’ after ‘‘section tivity, including— (g) TERMINATION OF CERTAIN PROVISIONS.— 5(a)’’; and ‘‘(A) the date or dates of such activity; Section 8 of the Iran Sanctions Act of 1996 is (iii) by striking ‘‘as described in such sec- ‘‘(B) the name of any persons who partici- amended— tion’’ and inserting ‘‘as described in section pated or invested in or facilitated such activ- (1) by striking ‘‘The requirement under 5(a)(1) or other activity described in section ity; section 5(a)’’ and inserting ‘‘(a) SANCTIONS 5(a)(2) or 5(b) (as the case may be)’’; and ‘‘(C) the United States domiciliary of the RELATING TO INVESTMENT.—The requirement (B) in paragraph (2), by striking ‘‘should persons referred to in subparagraph (B); under section 5(a)(1)(A)’’; determine, pursuant to section 5(a), if a per- ‘‘(D) any Federal Government contracts to (2) by striking ‘‘with respect to Iran’’; and son has engaged in investment activity in which the persons referred to in subpara- (3) by adding at the end the following: Iran as described in such section’’ and insert- graph (B) are parties; and ‘‘(b) REFINED PETROLEUM PRODUCTS.—The ing ‘‘shall determine, pursuant to section ‘‘(E) the steps taken by the United States requirements under paragraphs (1)(B) and (2) 5(a) or (b) (as the case may be), if a person to respond to such activity. of section 5(a) and section 6(b) to impose has engaged in investment activity in Iran ‘‘(3) ADDITIONAL INFORMATION.—The report sanctions shall no longer have force or effect as described in section 5(a)(1) or other activ- required by this subsection shall also include if the President determines and certifies to ity described in section 5(a)(2) or 5(b) (as the a list of— the appropriate congressional committees case may be)’’. ‘‘(A) any person that the President deter- that Iran— (2) GENERAL WAIVER AUTHORITY.—Section mines is an agent, alias, front, instrumen- ‘‘(1) has ceased its efforts to design, de- 9(c) of the Iran Sanctions Act of 1996 (50 tality, representative, official, or affiliate of velop, manufacture, or acquire a nuclear ex- U.S.C. 1701 note) is amended— the Islamic Revolutionary Guard Corps or is plosive device or related materials and tech- (A) in paragraph (1)— an individual serving as a representative of nology; and (i) by inserting after ‘‘on a person de- the Islamic Revolutionary Guard Corps; ‘‘(2) has ceased nuclear-related activities, scribed in section 5(c),’’ the following: ‘‘or on ‘‘(B) any person that the President deter- including uranium enrichment, that would a country described in section 5(b)(2)(A) (if mines has knowingly provided material sup- facilitate the efforts described in paragraph the President certifies to the appropriate port to the Islamic Revolutionary Guard (1).’’. (h) EXTENSION OF ACT.—Section 13(b) of the congressional committees that the President Corps or an agent, alias, front, instrumen- Iran Sanctions Act of 1996 is amended by is unable to make the determination de- tality, representative, official, or affiliate of scribed in such section 5(b)(2)(A) with re- striking ‘‘2011’’ and inserting ‘‘2016’’. the Islamic Revolutionary Guard Corps; and (i) TECHNICAL AMENDMENTS.— spect to the government of that country),’’; ‘‘(C) any person who has conducted any (1) MULTILATERAL REGIME.—Section 4 of and commercial transaction or financial trans- such Act is amended— (ii) by striking ‘‘important to the national action with the Islamic Revolutionary interest of the United States’’ and inserting (A) in subsection (b)(2), by striking ‘‘(in ad- Guards Corps or an agent, alias, front, in- dition to that provided in subsection (d))’’; ‘‘vital to the national security interest of strumentality, representative, official, or af- the United States’’; and and filiate of the Islamic Revolutionary Guard (B) by striking subsection (d) and redesig- (B) in paragraph (2)— Corps. (i) in subparagraphs (A), (B), and (D), by nating subsections (e) and (f) as subsections ‘‘(4) FORM OF REPORTS; PUBLICATION.—The (d) and (e), respectively. striking ‘‘or (b)’’ each place it appears and reports required under this subsection shall inserting ‘‘or (b)(1)’’; and (2) REFERENCE TO COMMITTEE ON FOREIGN be— AFFAIRS.—Section 14(2) of such Act is amend- (ii) by amending subparagraph (C) to read ‘‘(A) submitted in unclassified form, but as follows: ed by striking ‘‘International Relations’’ and may contain a classified annex; and inserting ‘‘Foreign Affairs’’. ‘‘(C) an estimate of the significance of the ‘‘(B) published in the Federal Register. provision of the items described in paragraph (3) CONFORMING AMENDMENTS.—(A) Section ‘‘(e) REPORTS ON GLOBAL TRADE RELATING 5(c)(1) of such Act is amended by striking ‘‘or (1) or (2) of section 5(a) or section 5(b)(1) to TO IRAN.—Not later than one year after the (b)’’ and inserting ‘‘or (b)(1)’’. Iran’s ability to develop its petroleum re- date of the enactment of the Iran Refined (B) Section 9(a) of such Act is amended by sources, to maintain or expand its domestic Petroleum Sanctions Act of 2009 and annu- striking ‘‘or 5(b)’’ each place it appears and production of refined petroleum products, to ally thereafter, the President shall submit to inserting ‘‘or 5(b)(1)’’. import refined petroleum products, or to de- the appropriate congressional committees a velop its weapons of mass destruction or report, with respect to the immediately pre- SEC. 4. EFFECTIVE DATE; RULE OF CONSTRUC- TION. other military capabilities (as the case may ceding 12-month period, on the dollar value (a) IN GENERAL.—The amendments made by be); and’’. amount of trade, including in the energy sec- this Act shall take effect upon the expiration (e) REPORTS ON UNITED STATES EFFORTS TO tor, between Iran and each country main- of the 60-day period beginning on the date of CURTAIL CERTAIN BUSINESS AND OTHER taining membership in the Group of Twenty the enactment of this Act, except that— TRANSACTIONS RELATING TO IRAN.—Section 10 Finance Ministers and Central Bank Gov- of such Act is amended— ernors.’’. (1) paragraphs (1) and (2) of section 5(a), (1) in subsection (a), by amending para- (f) CLARIFICATION AND EXPANSION OF DEFI- section 5(b)(2), and section 6(b), of the Iran graph (4) to read as follows: NITIONS.—Section 14 of such Act is amend- Sanctions Act of 1996, as amended by this ‘‘(4) Iran’s use in the Middle East, the ed— Act, shall apply to conduct engaged in on or Western Hemisphere, Africa, and other re- (1) in paragraph (13)(B)— after October 28, 2009, notwithstanding sec- gions, of Iranian diplomats and representa- (A) by inserting ‘‘financial institution, in- tion 5(f)(3) of the Iran Sanctions Act of 1996; tives of other government and military or surer, underwriter, guarantor, any other and quasi-governmental institutions or proxies business organization, including any foreign (2) the amendments made by subsection (d) of Iran, including, but not limited to, subsidiary, parent, or affiliate of such a busi- of section 3 of this Act shall apply with re- Hezbollah, to promote acts of international ness organization,’’ after ‘‘trust,’’; and spect to conduct engaged in before, on, or terrorism or to develop or sustain Iran’s nu- (B) by inserting ‘‘, such as an export credit after the date of the enactment of this Act. (b) RULE OF CONSTRUCTION.— clear, chemical, biological, and missile weap- agency’’ before the semicolon at the end; (1) EXISTING SANCTIONS NOT AFFECTED.—The ons programs.’’; and (2) by redesignating paragraphs (15) and amendments made by subsections (a) and (b) (2) by adding at the end the following: (16) as paragraphs (17) and (18), respectively; of section 3 of this Act shall not be construed ‘‘(d) REPORTS ON CERTAIN BUSINESS AND and to affect the requirements of section 5(a) of OTHER TRANSACTIONS RELATING TO IRAN.— (3) by striking paragraph (14) and inserting the Iran Sanctions Act of 1996 as in effect be- ‘‘(1) IN GENERAL.—Not later than 90 days the following: fore the date of the enactment of this Act, after the date of the enactment of the Iran ‘‘(14) KNOWINGLY.—The term ‘knowingly’ Refined Petroleum Sanctions Act of 2009, and means— and such requirements continue to apply, on every 6 months thereafter, the President ‘‘(A) having actual knowledge; or and after such date of enactment, to conduct shall submit a report to the appropriate con- ‘‘(B) having the constructive knowledge engaged in before October 28, 2009. gressional committees regarding any person deemed to be possessed by a reasonable indi- (2) WAIVER AUTHORITY.—The amendments who has— vidual who acts under similar circumstances. made by subsection (d) of section 3 of this Act shall not be construed to affect any exer- ‘‘(A) provided Iran with refined petroleum ‘‘(15) PETROLEUM RESOURCES.—The term products; ‘petroleum resources’ includes petroleum, oil cise of the authority under section 4(f) or ‘‘(B) sold, leased, or provided to Iran any or liquefied natural gas, oil or liquefied nat- section 9(c) of the Iran Sanctions Act of 1996 goods, services, or technology that would ural gas tankers, and products used to con- as in effect on the day before the date of the allow Iran to maintain or expand its domes- struct or maintain pipelines used to trans- enactment of this Act. tic production of refined petroleum products; port oil or compressed or liquefied natural Mr. KUCINICH. Mr. Speaker, I claim or gas. time in opposition.

VerDate Nov 24 2008 03:03 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.035 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14924 CONGRESSIONAL RECORD — HOUSE December 15, 2009 The SPEAKER pro tempore. Is the ing member will have 15 minutes to would have seen Iran ship most of its gentleman gentlewoman from Florida yield, and the gentleman from Ohio low-enriched uranium abroad to be fur- opposed to the motion? will have 30 minutes under his control? ther enriched for use in Iran’s civilian Ms. ROS-LEHTINEN. No, I do not op- The SPEAKER pro tempore. The gen- nuclear medical research reactor. That pose the motion. tleman is correct. deal would have bought everyone sig- The SPEAKER pro tempore. The gen- The Chair recognizes the gentleman nificant time, delaying Iran’s nuclear- tleman from Ohio will control the 20 from California. arms clock for up to a year as nego- minutes in opposition. GENERAL LEAVE tiators dealt with the heart of the Pursuant to the rule, the gentleman Mr. BERMAN. Mr. Speaker, I ask issue: Iranian compliance with the U.N. from California (Mr. BERMAN) and the unanimous consent that all Members Security Council requirement that it gentleman from Ohio (Mr. KUCINICH) may have 5 legislative days to revise suspend its enrichment program alto- each will control 20 minutes. and extend their remarks and include gether. By rejecting the deal, Iran re- The Chair recognizes the gentleman extraneous material on the bill under tains its full stock of low-enriched ura- from California. consideration. nium, enough to serve as the basis for Mr. BERMAN. Mr. Speaker, I ask The SPEAKER pro tempore. Is there one nuclear bomb, and it forces the unanimous consent to split the time objection to the request of the gen- world to respond urgently. evenly, the 20 minutes, in support of tleman from California? The bill before us today is an impor- the bill with my colleague, the ranking There was no objection. tant part of that response. It would member from Florida (Ms. ROS- Mr. BERMAN. Mr. Speaker, I yield take advantage of Iran’s considerable dependency on refined-petroleum im- LEHTINEN). myself 41⁄2 minutes. The SPEAKER pro tempore. Without Mr. Speaker, this bill has one over- ports. It would sanction foreign compa- objection, the gentlewoman from Flor- riding goal: to prevent Iran from nies that sell refined petroleum to ida will control 10 minutes. achieving a nuclear weapons capa- Iran, or help Iran with its own domes- There was no objection. bility. The prospect of a nuclear-armed tic refining capacity, by depriving Mr. BERMAN. Mr. Speaker, I ask Iran is the most serious and urgent those companies of access to the unanimous consent to extend the time strategic challenge faced by the United United States market. And in so doing, of the debate on H.R. 2194 by an addi- States, and we must use all of the dip- we are asking no more of foreign com- tional 20 minutes, with my control of lomatic means at our disposal—includ- panies than we currently demand of American firms. I believe the passage 10 of those additional 20 minutes and ing tougher sanctions—to prevent that and implementation of this act would the gentleman from Ohio’s control in from becoming a reality. have a powerful effect on the Iranian opposition of 10 of those 20 minutes. A nuclear-armed Iran would spread economy, and I believe it would force The SPEAKER pro tempore. Is there its influence by intimidating its neigh- unpalatable budgetary choices on the objection to the request of the gen- bors; it would, with near impunity, Iranian regime, vastly increasing the tleman from California? continue to support terrorists and de- domestic political cost of pursuing its Mr. KUCINICH. Mr. Speaker, reserv- stabilize the Middle East; it would nuclear program. ing the right to object, what we are spark an arms race in the region that That said, I want to reiterate that saying is that in my friend’s interest of would tear the Nuclear Nonprolifera- my overriding goal in moving forward making sure that there is an oppor- tion Treaty to shreds; and, most fright- with this legislation is to prevent Iran tunity for Members to speak on the ening of all, it could, in the light of from developing a nuclear weapons ca- various sides here, you want to make Iran’s repeated threats to wipe another pability. As we move toward a likely sure the time is evenly divided for the nation off the map, result in the actual conference with the Senate, most like- underlying bill and also for the exten- use of nuclear weapons. ly early next year, and as the adminis- sion of time? When one considers the regime’s ide- tration continues its efforts to pursue Mr. BERMAN. Perhaps, more accu- ological nature, the fact that it sent stronger multilateral sanctions, I am rately, you want to make sure the time thousands of children to their deaths in open to making adjustments to the bill is divided, and I am prepared to say the the Iran-Iraq war, and its current dis- that would make it as effective as pos- rules require that; and the extension of regard for the human rights of its own sible in meeting that objective, includ- time I have in mind of an additional 20 citizens, it is clear the Iranian regime ing providing incentives to other na- minutes— is anything but a rational actor, and tions to join us in supporting a strong Mr. KUCINICH. The additional time we certainly cannot take the chance multilateral sanctions regime. One is going to be evenly distributed. that a nuclear Iran would behave re- possibility would be to provide an ex- Mr. Speaker, I withdraw my reserva- sponsibly. emption for companies whose host nation. With each passing day, the situation tions are already enforcing robust The SPEAKER pro tempore. Is there becomes more urgent as Iran takes ad- sanctions in their national law. objection to the request of the gen- ditional steps to develop its nuclear But for now, it is sufficient to say tleman from California? weapons capability. By many esti- that Iran has had ample time to re- There was no objection. mates, it would have that capability by spond positively to President Obama’s Mr. BERMAN. Mr. Speaker, I have a sometime next year, and even the pre- generous engagement offer. Regret- further unanimous consent request: dictions that they could not be ready tably, the response has been only one that the 10 additional minutes of time to deliver a bomb within 5 years have of contempt. It is time for this body to on behalf of the supporters of this leg- to be reevaluated on a shorter time act. islation be split, 5 minutes for the ma- frame based on recent revelations I urge the support of this legislation. jority and 5 minutes for the ranking about Iran’s nuclear program. DECEMBER 14, 2009. member. In September, Iran’s efforts to con- Hon. HOWARD L. BERMAN, The SPEAKER pro tempore. Without struct a new secret uranium enrich- Chairman, Committee on Foreign Affairs, 2170 objection, the gentlewoman from Flor- ment facility were exposed to the Rayburn House Office Building, Wash- ida will control an additional 5 min- world. And what was Tehran’s response ington, DC. DEAR MR. CHAIRMAN: I am writing regard- utes. when the international community There was no objection. ing the Iran Refined Petroleum Sanctions rightly condemned it for that action? Act of 2009 (H.R. 2194, 111th Congress). As you PARLIAMENTARY INQUIRY To declare that it will build 10 more. know, the bill was referred to the Committee Mr. BERMAN. Point of parliamen- The Iranian nuclear issue could have on Ways and Means based on the Commit- tary inquiry, Mr. Speaker. been resolved without further sanc- tee’s jurisdiction over international trade. The SPEAKER pro tempore. The gen- tions. President Obama has offered There have been some productive conversa- tleman will state his inquiry. Iran an outstretched hand, but regret- tions between the staffs of our Committees, during which we have proposed some changes Mr. BERMAN. Is it correct we are tably Iran has not unclenched its fist. to H.R. 2194 that I believe help to clarify the now in a situation where we will have The regime has refused to endorse even intent and scope of the bill, particularly a 1-hour debate on this bill in which I a confidence-building measure—agreed with respect to U.S. international trade obli- will have 15 minutes to yield, the rank- to by its negotiators in Geneva—that gations. I appreciate your commitment to

VerDate Nov 24 2008 03:03 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.096 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14925 address the concerns raised by the Com- fall within the Oversight Committee’s juris- eration and hope that it will command the mittee on Ways and Means as this legislation diction. These provisions include issues re- broadest possible support. moves forward. lated to the federal procurement process. BARNEY FRANK, In order to expedite this legislation for In the interest of expediting consideration Chairman. floor consideration, the Committee on Ways of H.R. 2194, the Oversight Committee will and Means will forgo action on this bill and not request a sequential referral of this bill. DECEMBER 9, 2009. will not oppose its consideration on the sus- I would, however, request your support for Hon. BARNEY FRANK, pension calendar, based on our under- the appointment of conferees from the Over- Chairman, Committee on Financial Services, standing that you will work with the Com- sight Committee should H.R. 2194 be consid- Rayburn House Office Building, Wash- mittee on Ways and Means as the legislative ered in conference with the Senate. This let- ington, DC. process moves forward in the House of Rep- ter should not be construed as a waiver of DEAR MR. CHAIRMAN: Thank you for your resentatives and in the Senate, to ensure the Oversight Committee’s jurisdiction over letter regarding H.R. 2194, the ‘‘Iran Refined that our concerns are addressed. This is done subjects addressed in H.R. 2194 that fall with- Petroleum Sanctions Act of 2009.’’ with the understanding between our Com- in the jurisdiction of the Oversight Com- I appreciate your willingness to work coop- mittees that it does not in any way prejudice mittee. eratively on this legislation. I recognize that the Committee on Ways and Means with re- Finally, I request that you include our ex- the bill contains provisions that fall within spect to the appointment of conferees or the change of letters on this matter in the For- the jurisdiction of the Committee on Finan- full exercise of its jurisdictional prerogative eign Affairs Committee Report on H.R. 2194 cial Services. I acknowledge that your Com- on this bill or similar legislation in the fu- and in the Congressional Record during con- mittee will not formally consider the bill ture. sideration of this legislation on the House and agree that the inaction of your Com- I would appreciate your response to this floor. mittee with respect to the bill does not letter, confirming our understanding with Thank you for your attention to these waive any future jurisdictional claim over respect to H.R. 2194, and would ask that a matters, the matters contained in the bill which fall copy of our exchange of letters on this mat- Sincerely, within the Committee’s Rule X jurisdiction. ter be included in the CONGRESSIONAL EDOLPHUS TOWNS, Further, as to any House-Senate con- RECORD. Chairman. ference on the bill, I understand that your Sincerely, Committee reserves the right to seek the ap- CHARLES B. RANGEL, DECEMBER 8, 2090. pointment of conferees for consideration of Chairman, Committee on Ways and Means. Hon. EDOLPHUS TOWNS, portions of the bill that are within the Com- Chairman, Committee on Oversight and Govern- mittee’s jurisdiction, and I agree to support DECEMBER 14, 2009. ment Reform, Rayburn House Office Build- a request by the Committee with respect to Hon. CHARLES B. RANGEL, ing, Washington, DC. serving as conferees on the bill, consistent Chairman, Committee on Ways and Means, 1102 DEAR MR. CHAIRMAN: Thank you for your with the Speaker’s practice in this regard. Longworth House Office Building, Wash- letter regarding H.R. 2194, the ‘‘Iran Refined I will ensure that our exchange of letters is ington, DC. Petroleum Sanctions Act of 2009.’’ included in the CONGRESSIONAL RECORD, and DEAR MR. CHAIRMAN: Thank you for your I appreciate your willingness to work coop- I look forward to working with you on this letter regarding H.R. 2194, the Iran Refined eratively on this legislation. I recognize that important legislation. Petroleum Sanctions Act of 2009. the bill contains provisions that fall within Sincerely, I recognize that the bill contains provi- the jurisdiction of the Committee on Over- HOWARD L. BERMAN, sions that fall within the jurisdiction of the sight and Government Reform. I acknowl- Chairman. Committee on Ways and Means. I agree that edge that your Committee will not formally the inaction of your Committee with respect consider the bill and agree that the inaction Mr. Speaker, I reserve the balance of to the bill does not in any way prejudice the of your Committee with respect to the bill my time. Committee on Ways and Means regarding the does not waive any future jurisdictional Mr. KUCINICH. I yield 4 minutes to appointment of conferees or the full exercise claim over the matters contained in the bill the gentleman from Oregon (Mr. of its jurisdictional prerogative on this bill which fall within the Committee’s Rule X ju- BLUMENAUER). or similar legislation in the future. risdiction. Mr. BLUMENAUER. I thank the gen- I also appreciate the strong concerns Further, as to any House-Senate con- tleman from Ohio for permitting me to raised by the Committee on Ways and Means ference on the bill, I understand that your regarding certain provisions of the bill and Committee reserves the right to seek the ap- speak on this. the proposals your Committee has offered to pointment of conferees for consideration of I have great respect for the Chair and help to clarify the bill’s intent and scope, portions of the bill that are within the Com- ranking member, and I deeply share particularly with respect to U.S. inter- mittee’s jurisdiction, and I agree to support their concern about a nuclear-armed national trade obligations. As to any House- a request by the Committee with respect to Iran. It is something that I think we Senate conference on the bill, I understand serving as conferees on the bill, consistent are all deeply opposed to, we’re deeply that your Committee reserves the right to with the Speaker’s practice in this regard. concerned about, in terms of the poten- seek the appointment of conferees for con- I will ensure that our exchange of letters is tial instability in that delicate region sideration of portions of the bill that are included in the Congressional Record, and I within the Committee’s jurisdiction, and I look forward to working with you on this and frankly around the world. But I agree to support a request by the Committee important legislation. have a deep concern that the approach with respect to serving as conferees on the Sincerely, that is being offered here is not cal- bill, consistent with the Speaker’s practice HOWARD L. BERMAN, culated to reach that objective. in this regard. As the bill moves through the Chairman. First and foremost, there is cor- legislative process, I look forward to work- respondence, a letter from the Deputy ing with you to address the trade-related DECEMBER 4, 2009. Secretary of State, Mr. Steinberg, concerns raised by the Committee on Ways Hon. HOWARD BERMAN, talking about the problems of sanc- and Means. Chairman, Committee on Foreign Affairs, House I look forward to working with the Com- of Representatives, Washington, DC. tions legislation on the Senate side, mittee on Ways and Means as this bill moves DEAR MR. CHAIRMAN: I am writing con- that talks about how we are entering a through the legislative process. I will ensure cerning H.R. 2194, the Iran Refined Petro- critical period of intense diplomacy to that our exchange of letters is included in leum Sanctions Act of 2009. This bill was re- impose significant international pres- the CONGRESSIONAL RECORD. ferred to the Committee on Foreign Affairs, sure on Iran. Sincerely, and in addition, to this Committee, among It is not at all clear, Mr. Speaker, HOWARD L. BERMAN, others. that moving forward right now with Chairman. There is an agreement with regard to this bill, and so in order to expedite floor consid- new sanctions on companies of other DECEMBER 2, 2009. eration, I agree to forego further consider- countries that are involved with the Hon. HOWARD L. BERMAN, ation by the Committee on Financial Serv- petroleum activities is actually going Chairman, House Foreign Affairs Committee, ices. I do so with the understanding that this to be helpful at a time when the admin- Rayburn House Office Building, Wash- decision will not prejudice this Committee istration is ramping up its inter- ington, DC. with respect to its jurisdictional preroga- national efforts to deal with Iran; I DEAR CHAIRMAN BERMAN: I am writing in tives on this or similar legislation. I request think efforts that we all support and regards to H.R. 2194, the Iran Refined Petro- your support for the appointment of con- feel need to be as productive as pos- leum Sanctions Act of 2009, which was intro- ferees from this Committee should this bill duced into the House on April 30, 2009. be the subject of a House-Senate conference. sible. I appreciate your efforts to work with the Please place this letter in the Congres- I think there is also a very real ques- Committee on Oversight and Government sional Record when this bill is considered by tion about whether the focus of this Reform on the provisions of H.R. 2194 that the House. I look forward to the bill’s consid- legislation is going to have its intended

VerDate Nov 24 2008 05:01 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.056 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14926 CONGRESSIONAL RECORD — HOUSE December 15, 2009 use, because there is nobody in the Ira- requires that we keep the focus on Iran. At that are already on the books. Now we nian Government, in the Revolutionary this juncture, I am concerned that this legis- must use the limited time remaining to Guard, in the inner circle of either the lation, in its current form, might weaken impose sanctions so painful that they President or the Supreme Ruler that’s rather than strengthen international unity should threaten the Iranian regime’s and support for our efforts. In addition to the not going to get their gasoline. The ex- timing, we have serious substantive con- survival. Only when faced with the loss tent to which it is successful, and that cerns, including the lack of flexibility, ineffi- of power will the regime be compelled remains questionable, it’s going to be cient monetary thresholds and penalty lev- to abandon its destructive policies. impactful on the people of Iran, com- els, and blacklisting that could cause unin- The bill we are considering today, mon people who in the main are tended foreign policy consequences. Mr. Speaker, the Iran Refined Petro- amongst the few Middle Eastern coun- I have asked Department staff to prepare leum Sanctions Act, which I joined for and discuss with your staff revisions that tries where they still have a favorable Chairman BERMAN in introducing, could address these concerns on timing and ratchets up the pressure on the regime view of the United States. Sanctioning content. I am hopeful that we can work to- those people, not the leadership is not gether to achieve our common goals. by targeting a key vulnerability, Iran’s helpful. I hope that consideration of this bill could inability to produce sufficient gasoline I found it interesting on the front be delayed to the new year so as not to un- and other refined petroleum products. page of today’s Washington Post, they dermine the Administration’s diplomacy at In recent years, Iran has estimated discuss the evidence of Iran’s nuclear- this critical juncture. I look forward to to have imported gasoline directly or armed being expedited, despite sanc- working together to achieve our common indirectly from at least 16 countries, tions. In fact, there is evidence in this goals, and I will stay in close contact with including China, India, the Nether- you as our diplomatic efforts proceed. article that it is the sanctions them- Sincerely, lands, France, and the UAE, as well as selves that have spurred the indigenous JAMES B. STEINBERG. global oil companies such as TOTAL development of that capacity in Iran. Ms. ROS-LEHTINEN. Mr. Speaker, I and Shell. To stop this trade, the sanc- One of them said, ‘‘thank God for the yield myself such time as I may con- tions we’re considering today must sanctions’’ against us. sume. also be adopted by our allies, who con- We need to be very careful about the Since its secret nuclear weapons pro- tinue to talk about the need to act but application of sanctions and how gram was publicly exposed in 2002, Iran hide behind the claim that the U.N. Se- they’re going to be worked. I think we has manipulated nations, world leaders curity Council must act first. But the have a shortsighted view for dual use and the United Nations on its march U.N. Security Council, due in part to technology and dealing with export toward possessing the capacity to un- Russian and Chinese opposition, has controls that have actually developed leash nuclear havoc on the world. Cur- demonstrated that it will never impose other countries’ capacity, including rent and past regime leaders have made meaningful costs on the Iranian re- those that aren’t friendly to us, along their intentions quite clear—the de- gime. with all companies from other compet- struction of the State of Israel, the ex- There is no shortage of measures itor nations around the world. I think tinction of the Jewish people, a world available. What is lacking is the will. we need to be very careful here. without the United States. Beyond this bill today, Mr. Speaker, Last but by no means least, Mr. Iran has already produced over 1,400 the broader question is whether we will Speaker, I am concerned that the kilograms of low-enriched uranium, be bystanders, complicit in our own de- United States is really the only major which can easily be used for a so-called struction. As Churchill warned, ‘‘If you country in the world that doesn’t have ‘‘dirty bomb.’’ New Iranian documents will not fight for the right when you a thoughtful sanctions policy—when to have been revealed reportedly detailing can easily win without bloodshed, if impose them, how to impose them, and, a program to produce and test the trig- you will not fight when your victory most important, when to take them ger for an actual nuclear weapon. will be sure, you may come to the mo- off. I would respectfully suggest that ment when you will have to fight with this is not the right time. This is an in- b 1515 all the odds against you and only a pre- strument that’s not likely to be suc- Nuclear experts note that there is no carious chance for survival.’’ For our cessful, and it may complicate our ef- other possible use for such nuclear survival, and for that of our friend and forts against Iran. While I agree with technology, except for a nuclear bomb. ally, Israel, render your full support to the gentleman’s objective, I don’t agree And in September of this year, media this legislation. with the legislation and urge its rejec- quoted international inspectors saying, Mr. Speaker, I reserve the balance of tion. they ‘‘believe that Tehran has the abil- my time. THE DEPUTY SECRETARY OF STATE, ity to make a nuclear bomb and is Mr. KUCINICH. Mr. Speaker, I yield 5 Washington, DC, December 11, 2009. working to develop a missile system minutes to the gentleman from Texas, Hon. JOHN F. KERRY, that can carry an atomic warhead.’’ RON PAUL. Chairman, Committee on Foreign Relations, And U.S. officials have calculated that Mr. PAUL. The chairman states that U.S. Senate. Iran already has stockpiled enough the main purpose of this bill is to pre- DEAR MR. CHAIRMAN: I wanted to follow up uranium to produce one nuclear weap- vent the Iranians from getting a nu- on our conversations regarding Iran, and on, even as it expands its enrichment clear weapon. That isn’t even as power- possible sanctions legislation to be taken up ful a statement as was made that en- by the Senate (S. 2799). We share Congress’s capabilities. concerns on Iran and its nuclear program, We have arrived at the precipice, and ticed us into the Iraq war. There was and the need to take decisive action. One of we are staring into darkness. In Feb- the claim that they already had them. the top national security priorities for the ruary of 2006 the Congress adopted a But now, this is a pretense, and yet Obama Administration is to deny Iran a nu- concurrent resolution citing the Ira- here we are taking these drastic steps. clear weapons capability. As we discussed, nian regime’s repeated violations of its My main reason for opposing this bill we are pursuing this objective through a nonproliferation obligations, under- is that I think it’s detrimental to our dual track strategy of engagement and pres- scoring that as a result of these viola- national security. There’s no other rea- sure; and we are engaged in intensive multi- son. It doesn’t serve our interests. So I lateral efforts to develop pressure track tions Iran no longer had the right to measures now. It is in the spirit of these develop any aspect of a nuclear fuel am absolutely opposed to it. shared objectives that I write to express my cycle and urging responsible nations to In the late 1930s and the early 1940s concern about the timing and content of this impose economic sanctions to deny the American people did not want to go legislation. Iran the resources and the ability to into war, but there were some that As I testified before the Congress in Octo- develop nuclear capabilities. Three were maneuvering us into war, and ber, it is our hope that any legislative initia- years later, the idea that we could rely they used the argument that you need- tive would preserve and maximize the Presi- on the so-called international commu- ed an event. So, in June of 1941, sanc- dent’s flexibility, secure greater cooperation tions were put against Japan, inciden- from our partners in taking effective action, nity to handle this problem has been and ultimately facilitate a change in Iranian shown to be a mirage. tally and ironically, to prohibit oil policies. However, we are entering a critical But we, too, have failed to act quick- products from going into Japan. Within period of intense diplomacy to impose sig- ly and decisively, failing to fully im- 6 months there was the bombing of nificant international pressure on Iran. This plement the range of U.N. sanctions Pearl Harbor. And there is now talk,

VerDate Nov 24 2008 03:03 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.100 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14927 there’s been talk in the media, and for those who want these sanctions. I tinued to show their clenched fist of deception we’ve heard about it, we need to bomb think this literally makes my case. and dishonesty. All the while, evidence Iran. And that’s what the people hear. Number 5 says, on October 7, 2008, then- mounts that Iran gets closer each day to de- The sanctions are a use of force. This Senator Obama stated Iran right now veloping a nuclear weapon. is just not modest. This is very serious. imports gasoline, even though it’s an A nuclear Iran poses as much of a threat to And the way this is written, it literally oil producer, because its oil infrastruc- the U.S., to Europe, to the Middle East, as it could end up with a blockade. It could ture has broken down. If we can pre- does to Israel. With this bill today, we show be trying to punish our friends and cut vent them from importing the gasoline the Iranians that we will use every tool we off trade, and this cannot help us in that they need and the refined petro- have to stop them from obtaining a nuclear any way. We would like to help the dis- leum products, that starts changing weapon. We want to avoid war, but we must sidents. We’d like to encourage them to their cost-benefit analysis, that starts not take any option off the table. overthrow their government. But hard- putting the squeeze on them. And to my colleagues I say: if you want to ly should we have our CIA, with U.S. The squeeze on whom? On the people. avoid war, support this bill. If it succeeds, the funded programs, going in there with a This will unify the dissent. This will military option won’t be necessary. But without policy of regime change. They know unify the Iranian people against us. If this bill, without sanctions, and without an Ira- these kind of things happen. We’ve we want to encourage true dissent and nian regime that is willing to negotiate, I fear been involved in this business in Iran overthrow that government, which is a nuclear Iran will be inevitable as will a far since 1953. And it doesn’t serve us well. more spontaneous and honest, I would stronger option to eliminate its threat. It backfires on us, comes back to haunt say this is doing exactly the opposite. I thank the gentleman again. us. Mr. BERMAN. Mr. Speaker, a few Mr. BERMAN. Mr. Speaker, I yield One of the goals explicitly expressed unanimous consent requests. I first for a further unanimous consent re- by al Qaeda and their leaders has been recognize the Chair of the Foreign Op- quest to a distinguished member of the they would like to draw us into the erations Subcommittee of Appropria- committee, the gentleman from Vir- Middle East because it would cost us a tions, the gentlelady from New York ginia (Mr. CONNOLLY). lot of money and it could hurt us finan- (Mrs. LOWEY) for a unanimous consent (Mr. CONNOLLY of Virginia asked cially. And the second reason they request. and was given permission to revise and want us over there is to get us bogged (Mrs. LOWEY asked and was given extend his remarks.) down in an endless war. And for the permission to revise and extend her re- Mr. CONNOLLY of Virginia. Mr. last decade, that is what we’ve been marks.) Speaker, I rise voicing my strong sup- doing. We are bogged down to the point Mrs. LOWEY. Mr. Speaker, I rise in port for H.R. 2194 because America’s where it’s very discouraging to the strong support of the bill’s expansion patience is not limitless. American people, very frustrating, no of economic sanctions against Iran and Mr. Speaker, it is time to strengthen the signs of victory, no signs of peace. But businesses and the refined petroleum hand of the Administration and our allies to we’re bogged down. These were the pre- and energy sectors collaborating with address the threat of a nuclear Iran. I proudly cise goals of the al Qaeda leadership. the regime. cosponsored the Iran Refined Petroleum And also, one of the purposes of en- I strongly support this bill’s expansion of Sanctions Act, which gives the President the ticing us over there and being involved economic sanctions against Iran and busi- authority to impose stiffer economic sanctions is to give a greater incentive to recruit nesses in the refined petroleum and sectors targeting Iran’s oil production. The bill adds those individuals who become violent collaborating with the regime. such activities as selling refined gasoline or against us. And this has been unbeliev- Iran’s relentless pursuit of nuclear weapons supplying equipment for construction of oil re- ably successful. So we’ve been involved technology and defiance of international law fineries to the list of prohibited activities under in Iraq. We’ve been involved in Afghan- are a great threat to world stability. This bill the Iran Sanctions Act. istan. We’re bombing Pakistan and al- sends a critical message: the American people In January President Obama made a funda- most, this is like another bonus for and this Congress have little patience for mental shift in our diplomatic strategy with those who want us to be attacked, is Iran’s foot-dragging, and there will be serious Iran. He extended an olive branch with the that we’re over there and just foment- consequences for the Iranian government if its hope of initiating the first serious talks with ing this anger and hatred toward us. nuclear efforts are not halted. Tehran in decades, but that approach was That is why I believe this is not in The 2010 foreign aid bill includes a measure conditioned on the Iran leaders being willing our best interest. It actually hurts us. to curtail Ex-Im’s cooperation with foreign and equal partners. Once we say that we’re going to do companies that significantly contribute to Iran’s Unfortunately, those leaders have consist- something like using force and prevent refined petroleum industry. ently rejected our overtures and continue to vital products from going in, it means And passage of H.R. 2194 will lay the develop Iran’s nuclear capabilities in defiance that we’ve given up on diplomacy. Di- groundwork for even tougher sanctions on of repeated demands from the United Nations plomacy’s out the window. And they’re Iran. that it suspend such activities. Missile tests in not capable of attacking us. You know, I thank the Gentleman from California for his the spring and fall of this year, coupled with this idea that they are on the verge of efforts, and I urge my colleagues to vote in the recent revelation of a secret enrichment a bomb, you know, our CIA said they support of this bill. facility brings new urgency—as evidenced by haven’t been working on it since 2003. Mr. BERMAN. Mr. Speaker, I’m the growing support within the international And the other thing is, if you want to pleased to recognize a distinguished community for further action. Just this week, give them incentive to have a bomb, member of our committee, the gentle- we learn of yet another secretive program to just keep pestering like this, just in- woman from Nevada (Ms. BERKLEY) for develop the technological components for trig- timidate them. Provoke it. This is pro- a unanimous consent request. gering a nuclear device. vocative. They might have a greater (Ms. BERKLEY asked and was given These new sanctions can and will bring ad- incentive than ever. permission to revise and extend her re- ditional pressure to bear on the Ahmedinejad They can’t even make enough gaso- marks.) regime. Iran’s insistence on enrichment, along line for themselves. I mean, they are Ms. BERKLEY. Mr. Speaker, I rise with its ties to groups like Hezbollah, is cause not a threat. They don’t have an army expressing my strong support for H.R. for great concern not just in the Middle East. worth anything. They don’t have a 2194. This bill states firmly that U.S. patience is not navy. They don’t have an air force. I thank the gentleman for yielding me the limitless. I urge my colleagues to support it. They don’t have intercontinental bal- time and for his leadership on this issue. He Mr. BERMAN. Mr. Speaker, I’m listic missiles. So it is not a threat to has successfully navigated a very difficult ter- pleased to yield 21⁄2 minutes to the our national security. I see the threat rain and I believe he has found the right mo- chairman of the Middle East and South to our national security with this type ment to bring this bill forward. Asia Subcommittee, someone who’s has of policy which could come and back- It is now abundantly clear once again that been very focused on this issue, the fire and hurt us. Iran is not serious about negotiation: a new gentleman from New York (Mr. ACKER- I want to read number 5 in the bill, U.S. president tried to take a different ap- MAN). that particular item, because it makes proach, extending his hand in friendship to the Mr. ACKERMAN. Mr. Speaker, I rise my case, rather than making the case Iranian regime. In exchange, the Iranians con- in strong support of a sanctions bill

VerDate Nov 24 2008 03:03 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.101 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14928 CONGRESSIONAL RECORD — HOUSE December 15, 2009 that I believe will strengthen the gether to take a major step forward in We are, in a way, I think, sub- Obama administration’s ability to con- the interests of world peace. The time stituting a plan that will not work for duct effective diplomacy. The world, for decisive action to head off Iran’s one that could very well work. We are and I mean both our allies and others, nuclear program is now. By passing the snatching defeat from the jaws of vic- needs to know that the U.S. Congress is Iran Refined Petroleum Sanctions Act, tory with this bill. I hope earnestly dead serious about sanctions should di- we send the overdue message that the that as the sponsor of this bill has indi- plomacy fail to resolve the real con- cost of doing business with Iran is too cated, the chairman, Mr. BERMAN, that cerns about Iran’s nuclear program. much to bear. there will be important changes per- For those who worry that sanctions Mr. Speaker, this legislation haps made during the conference proc- may lead to conflict, I would suggest leverages our economic muscle to pun- ess. I hope that does happen, and I hope that the opposite is true. With Iranian ish any individual or company who that I am able to support this bill when proliferation on the horizon, what is sells or ships gasoline to Iran. It offers it comes back from conference based feckless is reckless. If you don’t want one of our best chances to convince on those changes. war, it seems to me that you abso- Iran that it is firmly in its interest to Ms. ROS-LEHTINEN. I would like to lutely must back the toughest possible abandon its nuclear ambitions. yield 1 minute to the gentleman from political and economic sanctions. As Iran takes a more belligerent ap- New Jersey (Mr. SMITH), the ranking It is true that sanctions alone are al- proach to its nuclear program, the member on the Foreign Affairs Sub- most certainly not going to be suffi- United States will not fall asleep at the committee on Africa and Global cient to force the Iranian regime to wheel. We must lead. With the passage Health. change course. But if we are serious of this bill, we must, and will, rally the Mr. SMITH of New Jersey. Mr. about stopping Iran’s race for nuclear international community in order to Speaker, Chairman BERMAN’s Iran Re- capability, we must apply the max- stop the Middle East from moving irre- fined Petroleum Sanctions Act, cospon- imum possible pressure by enhancing versibly toward nuclearization. sored by the ranking member, Ms. ROS- our capacity for unilateral sanctions, Mr. Speaker, I urge passage of the LEHTINEN, significantly ratchets up as we’re doing today, by implementing Iran Refined Petroleum Sanctions Act. strong bipartisan pressure on Iran to crippling multilateral sanctions, and Mr. KUCINICH. I yield 3 minutes to end their nefarious quest for nuclear by developing a strategy that applies the gentleman from Massachusetts weapons. more comprehensive pressure than just (Mr. LYNCH). Given Ahmadinejad’s extreme hos- diplomatic engagement followed by MR. LYNCH. I thank the gentleman. tility toward Israel, his outrageous sanctions. I also come here with enormous respect threats to annihilate Israel from the President Obama’s offer of direct en- for Mr. BERMAN, Ms. ROS-LEHTINEN, face of the Earth, and his obsessive ha- gagement with Iran already helped to and my friends. And if I thought for 1 tred of Jews worldwide, this bill heal a variety of political woes, but by minute that this bill would help the strengthens penalties on those who not itself, diplomacy and political and eco- United States or protect Israel or un- only sell, lease, or provide to Iran any nomic sanctions may still leave too dermine Mr. Ahmadinejad, I would sup- goods, services, technology, informa- much initiative in Iranian hands. If the port it. But I do not. I do, however, tion, or support that would allow Iran Iranians remain recalcitrant and sanc- take great comfort in the chairman’s to maintain or expand its domestic tions are applied, no matter how crip- and the chief sponsor’s earlier com- production of refined petroleum re- pling—and I want to make it perfectly ments that in the conference process sources, it has other sanctions as well. clear that I want them to be absolutely he is open and willing to adjust the Mr. Speaker, any serious effort to suffocating for the regime—the initia- bill. And perhaps if these adjustments peacefully stop Iran from acquiring tive is still left to the ayatollahs to de- and improvements are made, I can sup- weapons of mass destruction, which I cide when they’ve had enough. port it at that time, but I am faced believe they will use if they acquire Tragically, I suspect President with the bill before me. them, requires the strongest political Obama is soon going to have to decide And let me just say that I think that and economic pressure that we can whether an Iranian nuclear weapon is this bill will help Ahmadinejad, that muster. H.R. 2194 is a step, the right truly unacceptable in the full meaning this will have the same effect as we step in that direction. of that word and with the full knowl- have seen with other embargoes and Mr. KUCINICH. I yield myself 3 min- edge of what that means. The best other sanctions. I point to a couple of utes. thing that we can do to help avoid that examples, one being the example in This legislation obstructs the Obama terrible moment of truth is to act af- Cuba where we put in an embargo administration’s ongoing negotiations firmatively on the bill before us today. there, and ever since then, the Castro with Iran, amounts to economic war- Mr. KUCINICH. I’ll reserve the time. regime has been able to blame every- fare against the Iranian people, and Ms. ROS-LEHTINEN. Mr. Speaker, thing that has gone wrong in Cuba, in- brings us closer to an unnecessary I’m so pleased to yield 2 minutes to the cluding tropical storms and hurricanes, military confrontation. I would like to gentleman from Virginia (Mr. CANTOR), on the U.S. embargo. It has helped that delineate point by point the objections the esteemed minority whip and a regime stay in power. We see the same to this bill. member of the Committee on Ways and effect happening in Gaza. I have been First of all, I agree with Mr. PAUL Means, a true leader who understands there a couple of times. The fact that that the bill is opposed to our national the clear and present danger that Iran we’ve got an embargo there and a security. I have a letter here, as Mr. presents for the State of Israel and for blockade has caused many in Gaza to BLUMENAUER submitted to the RECORD, the United States. rally around the flag—in this case, from the Deputy Secretary of State Mr. CANTOR. I thank the gentlelady, Hamas—and the blockade has helped which points out the ‘‘serious sub- as well as the gentleman from Cali- them. That is the effect that this bill stantive concerns of the administra- fornia, for their leadership, and bring- will have in Iran. tion, including the lack of flexibility, ing this bill to the floor. We have watched very closely. This inefficient monetary thresholds and Mr. Speaker, a nuclear Iran would be past week, tens of thousands of stu- penalty levels, and blacklisting that a game-changing development that dents in Iran in the Green Revolution could cause unintended foreign policy poses irreparable damage to global se- have come to oppose and call for the consequences.’’ This letter is from the curity and stability. Yet, with each ousting of Ahmadinejad and his re- Obama administration, December 11, passing day, the regime in Tehran bra- gime. What this will do, however, is 2009. I would like it be included in the zenly forges ahead to make this night- this will undermine that opposition. RECORD. mare scenario a reality. This bill is focused on cutting off gaso- Second, I would like to include an ar- line supply to the poor, to the working ticle from the National Journal Online, b 1530 class, to the middle class and families, dated November 2, 2009, in the record of These are times of sharp partisan the very people who are supporting the debate. In this article, it points out rancor in our Nation’s Capitol. But revolutionary movement there to get that a gas shortage will be created in today we have the chance to come to- rid of Ahmadinejad. Iran, that Iran subsidizes its gasoline,

VerDate Nov 24 2008 03:03 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.105 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14929 and that the regime wants to shrink I have asked Department staff to prepare to supply Iran with 20,000 barrels of gasoline the program. So here the U.S. will be for and discuss with your staff revisions that a day. creating the gas shortage, and the re- could address these concerns on timing and And what will happen if the sanctions are successful and oil majors stop selling Iran gime, which wanted to shrink the pro- content. I am hopeful that we can work together to achieve our common goals. gasoline? The result might be the worst sce- gram, is going to blame the U.S. I hope that consideration of this bill could nario of all, Ghadar argued. Iranians cur- Third, the Revolutionary Guard has be delayed to the new year so as not to un- rently get 100 liters of discounted petrol already been able to build its coffers by dermine the Administration’s diplomacy at every month, but at great expense to the being able to sell things on the black this critical juncture. I look forward to government. The ruling government has market. It’s widely understood that working together to achieve our common been looking for ways to shrink the subsidy these sanctions would put the Revolu- goals, and I will stay in close contact with program and the U.S. sanctions would give tionary Guard in a position where they you as our diplomatic efforts proceed. them cover to do so. That would hurt every- can make more money selling oil on Sincerely, day Iranians, cast Washington (once again) JAMES B. STEINBERG. as a villain and perhaps rally citizens around the black market. Ahmadinejad, who is still politically weak Number 4, this proposal would throw [From the National Journal Online, Nov. 2, after post-election rioting this summer. energy politics of the region into 2009] The idea that more expensive gas will spur chaos, and the broader geopolitical average Iranians to confront the government COULD A GASOLINE EMBARGO BEND TEHRAN? landscape is thrown into chaos. Russia, is misguided, Ghadar argued. (By David Gauvey Herbert) Venezuela, and our European allies all ‘‘The problems in June, July after the elec- come into play in ways at odds with With Iran still refusing to play ball with tion had nothing to do about them not being the West over its nuclear program, law- able to buy an HP printer or gasoline,’’ he stated U.S. policies. makers are turning up the heat by targeting said. ‘‘It was about not being able to speak, Number 5, it undermines our diplo- oil companies that import gasoline to Iran. basically seeing that the system is not a macy. It isolates us from our allies. It But critics of new House and Senate legisla- meritocracy.’’ isolates us from our trading partners. tion cite a laundry list of reasons why tar- Rep. Ron Paul, R-Texas, echoed those wor- Number 6, it undercuts international geting gas imports won’t work—and why it ries at the hearing Wednesday. energy companies who work in a back- could even strengthen Mahmoud ‘‘The theory is, if we really punish the peo- channel role to try to help us with our Ahmadinejad’s government. ple, take their gasoline from them, then diplomacy. Despite being the fourth-largest exporter they’re going to get angry,’’ he said. ‘‘And Number 7, it undermines democracy of crude oil in the world, Iran’s limited refin- they will. They’re going to get angry at us. ing capacity forces it to import 40 percent of They’re not going to get angry at the Aya- in Iran. All of us have seen those pic- tollah. What you’re doing is deliberately un- tures. They have been all over the TV its gasoline. The government also subsidizes the price of gasoline, driving demand even dermining the dissidents there.’’ and the Internet in the last few months amidst an economic downturn and making Berman acknowledged that the legislation about a growing democratic movement the country’s reliance on foreign imports would likely have ‘‘a significant impact on the Iranian economy, including quite pos- in Iran. This sanction will force all even more costly. people to close around the Iran’s lead- A new bill—the Iran Refined Petroleum sibly on average Iranians.’’ ‘‘While that is a distasteful prospect, the Sanctions Act, which passed the House For- ership. It will strengthen the hard-lin- urgency of dealing with the Iranian nuclear eign Affairs Committee Wednesday—looks to ers and will undermine democracy. project—and the immense danger that a nu- exploit that weakness. It would bolster the Next, it will make the U.S. presence clear-armed Iran would pose to tens, if not in Iraq, Afghanistan, and Pakistan Iran Sanctions Act of 1996 and prohibit com- hundreds, of millions of people who will fall even more dangerous for our troops. panies that import gasoline to Iran from within the range of its missiles—compels us Number 9, it’s a path to military es- contracting with the U.S. government. Simi- to go forward with this legislation,’’ he ar- lar sanctions are part of a larger Iran bill ap- gued. calation, and I will be discussing that proved unanimously Thursday by the Senate later. The Revolutionary Guard Corps, which was Banking Committee. central in putting down the summer pro- THE DEPUTY SECRETARY OF STATE, Rep. Howard Berman, D–Calif., who chairs tests, might benefit from the bill as well. For Washington, December 11, 2009. the House Committee on Foreign Affairs and one, they are well-situated to take advan- Hon. JOHN F. KERRY, sponsored the House bill, defended the tim- tage of sanctions: The corps smuggled oil Chairman, Committee on Foreign Relations, ing of the legislation against protests from during the 1990s when Iraq was under embar- U.S. Senate. some lawmakers that the president be given go, and it continues to be involved in the un- DEAR MR. CHAIRMAN: I wanted to follow up more time to work out a diplomatic solu- derground economy, said Alireza Nader, an on our conversations regarding Iran, and tion. Tehran last week rejected a deal with Iran expert with the RAND Corporation. possible sanctions legislation to be taken up the International Atomic Energy Agency ‘‘Any sort of sanctions regime targeting fuel by the Senate (S. 2799). We share Congress’s that would have sent its uranium stockpile imports is going to be difficult to enforce be- concerns on Iran and its nuclear program, to Russia to enrich for medical purposes. cause thee is a black market, which the Rev- and the need to take decisive action. One of The bill, Berman said at a markup hearing olutionary Guard is very much involved in,’’ the top national security priorities for the Wednesday, ‘‘will take the first key step to he said. Obama Administration is to deny Iran a nu- ensure that President Obama is empowered More fundamentally, Washington has clear weapons capability. As we discussed, with the full range of tools he needs to ad- struggled to sanction energy-rich Iran in we are pursuing this objective through a dress the looming nuclear threat from Iran, part because oil-hungry countries are tough dual track strategy of engagement and pres- even as he pursues diplomacy and, if nec- to corral into a unified front. American sanc- sure; and we are engaged in intensive multi- essary, the multilateral sanctions track. tions against Sudan have been similarly in- lateral efforts to develop pressure track Given the length of time it ordinarily takes effective, as Chinese state-owned oil compa- measures now. It is in the spirit of these the House and Senate to move a significant nies have been all too eager to fill the void. shared objectives that I write to express my piece of legislation to the president’s desk, it Targeting gasoline imports is just one concern about the timing and content of this is important that we initiate this process facet of the U.S. assault on the Iranian econ- legislation. today.’’ omy. The Treasury Department has spent As I testified before the Congress in Octo- But critics warn that, timing aside, the the last three years blacklisting Iranian ber, it is our hope that any legislative initia- proposed sanctions could easily backfire. banks and encouraging international banks tive would preserve and maximize the Presi- For starters, it’s unclear whether the legis- to avoid doing business with Iran. Ghadar ar- dent’s flexibility, secure greater cooperation lation will be enough to dissuade Iran’s main gued that banking sanctions have worked from our partners in taking effective action, suppliers—Royal Dutch Shell, France’s well and should continue, since they hurt and ultimately facilitate a change in Iranian Total, China’s state-run Zhuhai Zhenrong Iranian elites more than ‘‘Average Joes.’’ policies. However, we are entering a critical Corp. and Russia’s Lukoil, among others— The Treasury Department has also put period of intense diplomacy to impose sig- from continuing to import gasoline. Tehran Iran’s national maritime carrier in its cross nificant international pressure on Iran. This has said it will cut off any company that hairs, citing the company’s ‘‘denial and de- requires that we keep the focus on Iran. At complies with U.S. sanctions, a threat that ception’’ regarding its shipments of arms. this juncture, I am concerned that this legis- will keep some companies in line. And the House last month passed the Iran lation, it its current form, might weaken And even if some gasoline exports to Iran Sanctions Enabling Act, which would allow rather than strengthen international unity can be curtailed, Russia and Venezuela have state and local governments to divest from and support for our efforts. In addition to the the excess refining capacity to plug the gap, companies doing business in Iran’s energy timing, we have serious substantive con- according to Fariborz Ghadar, a trade expert sector, by a 414-6 vote. cerns, including the lack of flexibility, ineffi- at the Center for Strategic and International The Senate Banking Bill passed Thursday cient monetary thresholds and penalty lev- Studies. Hugo Chavez is already bringing incorporates a number of the above options, els, and blacklisting that could cause unin- Venezuela’s considerable refining capabili- tightening sanctions on financial trans- tended foreign policy consequences. ties to bear: In September, Caracas pledged actions, targeting companies that export

VerDate Nov 24 2008 03:03 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.107 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14930 CONGRESSIONAL RECORD — HOUSE December 15, 2009 gasoline to Iran and authorizing state and in Iran is going to motivate them to relies on foreign sources of gasoline for local governments to divest. get rid of their Ayatollah—it’s the 40 percent of its needs. Sanctions on investment and technology Ayatollah that carries the power— In 2005 and again in 2006, Congress- transfer have been effective at crippling in- that’s not going to happen. It just does man ANDREWS and I introduced the vestment in Iran’s natural gas industry, according to Greg Priddy, an energy analyst exactly the opposite. So this is why I congressional resolutions calling for a with the Eurasia Group. But keeping Iranian believe this is a much greater threat to multilateral restriction of gasoline de- gas offline has meant that the Nabucco pipe- our national security. It does not help liveries to Iran as the most effective line, which would connect Iran to Europe, us. It doesn’t achieve the goals that are sanction to bring their leaders into may remain a pipe-dream—and make our set out. compliance with their commitments Eastern European allies more vulnerable to For instance, we now commonly say under the Nuclear Non-Proliferation Russia’s whims. that the Iranians have no right to en- Treaty. I reserve the balance of my time. rich. Well, they signed a nonprolifera- b 1545 Mr. BERMAN. Mr. Speaker, could we tion treaty, and they have not ever get a little summary of the time re- been told that they are making a In 2007, we introduced the Iran Sanc- maining on this complicated issue. bomb. And what we are saying in this tions Enhancement Act to extend cur- The SPEAKER pro tempore. The gen- bill is that they can’t enrich anymore. rent sanctions to the provision of gaso- tleman from California has 81⁄2 minutes So in a way, you’re violating inter- line to Iran. This year, Congressman remaining. The gentleman from Ohio national law by saying they can’t en- BRAD SHERMAN and I re-introduced the has 15 minutes remaining. The gentle- rich, period. So that is just looking for Iran Diplomatic Enhancement Act. woman from Florida has 81⁄2 minutes trouble. This bill today is modeled after our bi- remaining. Now, what else this bill will do: partisan legislation. Mr. BERMAN. Mr. Speaker, I’m very It is going to push the support of the A restriction of gasoline deliveries to pleased to yield to the chairman of the Iranians in another direction. It’s Iran administered through multilateral Terrorism, Nonproliferation, and Trade going to push them towards India, sanctions and enforced by the world’s Subcommittee on our House Foreign China, and Russia, and these countries most powerful navies will pit our Affairs Committee, the gentleman have special associations with Iran. So greatest strength against Iran’s great- from California (Mr. SHERMAN), 1 we are going to separate us. We will be est weakness, all without a shot being minute. isolated from that, and they are going fired. For the bill to succeed, the Ira- Mr. SHERMAN. As one of the six to have a much closer alliance with nians must believe also that it will be original cosponsors of this legislation, these countries. That will not serve our enforced, otherwise we will go down a I rise in support. interests. failed policy of diplomacy in the ab- The gentleman from Texas (Mr. It’s going to serve the interest of one sence of effective sanctions. My hope is PAUL) attacks the whole concept of the country mostly, and that’s China. that the Senate quickly takes up ac- use of sanctions saying that American China acts only almost like capitalists. tion on this bill, and then the adminis- sanctions against Japan led to our in- They take our dollars they have earned tration provides needed enforcement. volvement in World War II. If you from us and they are spending the dol- I want to truly thank the chairman think that America should have re- lars over there. They would like to buy of the Foreign Affairs Committee, mained neutral in World War II, you the oil, refine the oil, and drill the oil. Chairman BERMAN; our ranking mem- should vote with the gentleman from But here, we assume that we have to do ber, ILEANA ROS-LEHTINEN; Congress- Texas (Mr. PAUL). it through force, through sanctions, man ANDREWS and Congressman BRAD Iran has been found to have violated threats, intimidation, and secret ma- SHERMAN for all working with me. This the nonproliferation treaty and its neuvers to overthrow their regime. It has been 5 years of my life working on commitments under that treaty by the just doesn’t work. It sounds good. It this legislation. This is bipartisan leg- United Nations Security Council with sounds easy, but it does backfire on us. islation which offers the last best dip- the votes of Russia and China, who also You get too many unintended con- lomatic hope to resolve this problem. voted to impose some limited sanctions sequences. Mr. KUCINICH. Mr. Speaker, I yield against Iran. And besides, our national security myself 3 minutes. My district contains, I believe, more does not depend on what we do in the I would like to point out that the or- Iranian Americans than any other in Middle East. Our national security is ganization of Iranians in the United the country, and let me tell you that threatened by this. We are over- States known as the National Iranian those who support the students and the stretched. We’re broke. And this is part American Council have issued a state- effort for democracy in their homeland of the strategy, as I mentioned before. ment in a staff report dated Monday, support the idea of sanctions. This bill Our archenemies in that region want to the 14th of December, 2009 that this is but one step that we need to take in bankrupt us. They want to stir up ha- sanctions act ‘‘will only contribute to ratcheting the economic power on the tred toward us, and they want to bog the Iranian people’s suffering by seek- regime in Tehran. This bill amends the us down. And they’re achieving what ing to restrict Iran’s supply of heating Iran Sanctions Act. It is important their goals are. oil and gasoline. Prominent members that that act be enforced both before Ms. ROS-LEHTINEN. Mr. Speaker, of Iran’s opposition movement, such as and after we adopt these amendments. I’m pleased to yield 2 minutes to the Mir Hossein Mousavi and Mehdi Mr. KUCINICH. I will yield to Mr. gentleman from Illinois (Mr. KIRK), a Karoubi, as well as human rights de- PAUL 3 minutes. member of the Committee on Appro- fenders like Shirin Ebadi and Akbar Mr. PAUL. I thank the gentleman. priations and a cosponsor of this meas- Ganji, have all spoken out strongly If the gentleman from California ure from early on. against such sanctions that punish in- didn’t like my analogy about how we Mr. KIRK. Mr. Speaker, Congressman nocent Iranians.’’ were maneuvered into war in World ANDREWS and I are the two grand- I enter this report from the National War II, I think it might be much more fathers of this bill and its policy. After Iranian Council into the RECORD. appropriate to compare it to the sanc- 41⁄2 years of working on this legislation, IRPSA HURTS IRANIAN PEOPLE, UNDERMINES tions on Iraq. There were those in the I strongly support this bill, especially INTERNATIONAL UNITY ON IRAN 1990s that wanted us to go to war with its underlying policy, which is the last NIAC released the following statement Iraq. We were looking for an excuse, best hope for diplomatically ending today in response to yesterday’s news that and we put strong sanctions, continued Iran’s nuclear weapons program. the Iran Refined Petroleum Sanctions Act flying over their country and bombing. In January of 2005, I wrote to the (H.R. 2194) will be brought up for a floor vote Thousands, if not hundreds of thou- Secretary of Defense with a com- on the suspension calendar within the next sands, of kids died because of those prehensive analysis of Iran’s economy, two weeks. The National Iranian American Council is sanctions, and eventually they got discovering a critical weakness. De- deeply concerned that the House of Rep- their war. We ended up in the war. spite its status as a leading oil ex- resentatives’ plan to bring H.R. 2194, the Ira- Anybody who believes that taking porter, Iran has so mishandled her do- nian Refined Petroleum Sanctions Act, gasoline away from the common person mestic energy supply that the regime IRPSA, to a vote the week of December 14,

VerDate Nov 24 2008 03:03 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.048 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14931 2009, is a move in the direction of punishing Iran’s opposition movement, such as Mir ward with sanctions that target our allies, the Iranian people instead of the Iranian Hossein Mousavi and Mehdi Karoubi, along that unity will collapse. Trying to coerce the government. with human rights defenders like Shirin support of the rest of the world with threats NIAC supports the Obama Administra- Ebadi and Akbar Ganji, have all spoken out and penalties will not isolate Iran; in fact, it tion’s ongoing engagement efforts and, strongly against broad, untargeted sanctions may only isolate the United States. though the Iranian government’s response such as those contained in IRPSA. has thus far been frustrating, the U.S. must Do not undermine the President—The I have here an analysis that has been remain committed to working in concert Obama Administration has invested in a done by Americans for Peace Now, with its international partners. Considering strategy of engagement with Iran because it which is a strong group in support of unilateral sanctions at this time threatens is the best option to change the Iranian Gov- Israel. At the same time, they did an to preempt and undermine the President’s ernment’s behavior. While this process has multilateral efforts. been predictably difficult, Congress must not analysis and summary of concerns A successful strategy for dealing with Iran rush to pass legislation that will undermine about H.R. 2194. One of the points that must have diplomatic engagement as its multilateral efforts and tie the President’s they make is that ‘‘the focus on crip- basis. Sanctions can play a constructive role hands. The President has been consistent in pling refined petroleum sanctions leads within that process, but in order to be effec- stating that he will evaluate progress on the to the very problematic conclusion tive they must target the Iranian govern- engagement process once the year has ended. that the U.S. is seeking to inflict wide- ment and the individuals responsible for the This commitment was reiterated on Decem- government’s reprehensible behavior, with a ber 3 by White House spokesman Robert spread suffering on the Iranian people special emphasis on those guilty of human Gibbs, who stated that the Administration’s in order to force them to put pressure rights violations. deadline for Iran is the end of the year. If the on their government. It is an approach As Congress moves forward, NIAC encour- House passes IRPSA now, they send the few believe will achieve the desired ages Congressional action to meet the fol- world a signal that the U.S. Congress does goal and many believe could well back- lowing standards: not support the President’s plan and is tak- fire to the benefit of the regime and Do not harm the Iranian people—No one ing steps to preempt it. has suffered under the repressive rule of the Do not undermine the unity among U.S. sow anger at the U.S., not the Iranian Iranian Government more than the Iranian partners—On November 26, the IAEA voted Government.’’ people. Unilateral sanctions such as those in- overwhelmingly to approve a resolution cen- I will submit this analysis for the cluded in IRPSA will hurt the people of Iran suring Iran. Significantly, all five veto- RECORD. immensely and do little to target the actions wielding members of the Security Council such as the Iranian Revolutionary Guard voted in favor of the measure, which opens PROPOSED AMENDMENTS TO H.R. 2194—THE who have consolidated power under the shad- up the potential for another round of Secu- IRAN REFINED PETROLEUM SANCTIONS ACT— ow of outside threats and profited under the rity Council sanctions. The significant DECEMBER 2009 sanctions economy. progress is uniting the Security Council is As the Iranian people continue to stand up attributable to President Obama’s invest- For further information, go to to their government, prominent members of ment in diplomacy. If Congress moves for- www.peacenow.org. SUMMARY OF CONCERNS ABOUT H.R. 2194

Section(s) Problem Suggested remedy

Section(s) 1: 2(b), 2(c), The focus on ‘‘crippling’’ refined petroleum sanctions leads to the very problematic conclusion that the The focus of the bill should be enhanced sanctions authority in general, not the refined petroleum sec- 3(a), 3(c). U.S. is seeking to inflict widespread suffering on the Iranian people in order to force them to put tor in particular. pressure on their government. It is an approach that few believe will achieve the desired goal and that many believe could well backfire, to the benefit of the regime and sow anger at the U.S., not the Iranian government. Section 2(a) ...... Obama statements quoted in the bill were made prior to the Iranian elections and prior to the launch Quotes in the bill should be updated to correctly represent the Administration’s positions. of the current negotiating effort. As such, they have clearly been overtaken by events. They should be updated to correctly represent the Administration’s positions. Sections 3(a), 3(b), and At the outset of H.R. 2194 is the finding that ‘‘international diplomatic efforts to address Iran’s illicit Textual changes should be incorporated to bring the legislative impact of the bill into conformity with 3(d). nuclear efforts, unconventional and ballistic missile development programs, and support for inter- the stated goal of the legislation’s i.e., giving the President additional authority to act. national terrorism aremore likely to be effective if the President is empowered with the explicit authority to impose additional sanctions on the Government of Iran.’’. As written, these sections do not empower the President with the authority to impose additional sanctions—they dis-empower him by removing his authority regarding the imposition of sanctions, in effect limiting his authority. Section 3(c) ...... The restrictions laid out in this section have potentially far-reaching implications for U.S. vital national A clear national security waiver should be added to this section. security interests. It is unreasonable and possibly unconstitutional to place such restrictions on the President’s relations with other countries without providing a clear national security waiver. Section 3(g) ...... This certification requirement is so categorical that it would be difficult if not impossible for a Presi- Changes should be made to make the certification requirement reasonable and to take into account dent to make, under any circumstances. It could also conflict with a potential future agreement the possibility of an international agreement with Iran on its nuclear program. with Iran over its nuclear program. Section 3(h) ...... The Iran Sanctions Act (ISA) is major legislation in its own right. As such, it should be considered and This section should be deleted and ISA dealt with separately at an appropriate time. debated openly before a decision is made to extend it for 5 years. Moreover, the ISA does not expire until 2011—there is no justification for rushing through its extension as part of this bill. New Section 3(x) ...... At this juncture, the absence of positive measures in what will be the single most important piece of This new section offers constructive support for the people of Iran. Iran legislation in years is striking.

In the legislation that we are pre- gentlelady from California (Ms. nuclear weapons that would threaten sented with, it speaks to the purpose of PELOSI). the security of the world. H.R. 2194 as advancing along feelings of Ms. PELOSI. I thank the gentleman Iran must take the necessary steps to friendship for the Iranian people. We for yielding. demonstrate its willingness to live as a are telling the Iranian people, we have I rise in strong support of the Refined peaceful partner in the international feelings of friendship for you, we like Petroleum Sanctions Act. I would like community. And we must use all of the you so much, but we’re going to cut off to acknowledge the great leadership of tools at our disposal, from diplomacy your home heating oil. So we are ask- our chairman, Chairman BERMAN, and to sanctions, to stop Iran’s march to- ing the people, when they’re freezing, the ranking member, Congresswoman ward nuclear capability. to remember these warm feelings of ROS-LEHTINEN, for their efforts and friendship. I think people will find that leadership to bring this legislation to Today, with this legislation, we give the expression of friendship isn’t to be the floor. the President a new option, a new tool, the power to impose sanctions against believed, and that, in fact, what’s hap- All Members of Congress, regardless companies that supply Iran with or pening here is an effort to punish the of party, agree a nuclear Iran is simply support its domestic production of gas- people of Iran for the policies of their unacceptable; it is a threat to the re- oline and other refined petroleum prod- government, which the Obama admin- gion, to the United States, and to the istration is trying to still find a way to world. The American people have great ucts. By targeting Iran’s ongoing de- deal with diplomatically. hopes for our friendship with the peo- pendence on largely imported refined I reserve the balance of my time. ple of Iran. We look forward to a day petroleum, we reduce the chance that Mr. BERMAN. Mr. Speaker, I am when Iran is a much more productive Iran will acquire the capacity to very pleased now to yield 1 minute to member of the community of nations. produce nuclear weapons. one of the great supporters of this leg- Until that day, though, we must ensure A pillar, Mr. Speaker, of our national islation, the Speaker of the House, the that Iran is prevented from obtaining security is diplomacy; and in the case

VerDate Nov 24 2008 03:03 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.049 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14932 CONGRESSIONAL RECORD — HOUSE December 15, 2009 of Iran, we must use it. We must ex- the Iranians. As bad as they are for As we have learned with U.S. sanctions on haust every diplomatic remedy. I com- their leadership and how bad their re- Iraq, and indeed with U.S. sanctions on Cuba mend President Obama for standing gime is, they’re not expansionists ter- and elsewhere, it is citizens rather than gov- with other U.N. Security Council lead- ritorially. I mean, how many years has ernments who suffer most. The purpose of ers earlier this year to condemn Iran it been since they invaded another these sanctions is to change the regime in and to work toward an agreeable diplo- country for the purpose of taking over Iran, but past practice has demonstrated time matic solution to end Iran’s prolifera- another country? It is just not in re- and again that sanctions only strengthen re- tion of weapons of mass destruction. cent history at all. But the countries gimes they target and marginalize any opposi- However, as we have seen, Iran has around them, India—India has nuclear tion. As would be the case were we in the refused to accept a reasonable offer weapons, China has nuclear weapons, U.S. targeted for regime change by a foreign that was put on the table a couple of Pakistan, Israel, the United States. I government, people in Iran will tend to put months ago. Instead, it has reiterated mean, they’re all around them, so I’m aside political and other differences to oppose its resolve to continue its uranium ensure they feel like a cornered rat. that threatening external force. Thus this legis- richment program, the cornerstone of What I see here is propaganda, propa- lation will likely serve to strengthen the popu- its nuclear program. The international ganda to build fear into people, to pre- larity of the current Iranian government. Any community must, therefore, consider pare the people for what is likely to opposition continuing to function in Iran would stronger options. We have that oppor- come, just as we did in the 1990s, fear be seen as operating in concert with the for- tunity today to give the President the that there were weapons of mass de- eign entity seeking to overthrow the regime. option with a waiver to use in the best struction, but this one is, well, some- This legislation seeks to bring Iran in line possible way. day they might get a weapon of mass with international demands regarding its nu- Now, I have heard mention of the destruction. Unfortunately, I am just clear materials enrichment programs, but what State of Israel in some of the debate really concerned that this is going to is ironic is that Section 2 of H.R. 2194 itself here today, and Israel certainly has lead to hostilities because this is the violates the Nuclear Non Proliferation Treaty proximity to Iran. Iran is increasing its initiation. The fear is building up. Too (NPT) to which both the United States and capability both to develop a weapon of often in this country we talk of peace Iran are signatories. This section states that mass destruction and the delivery sys- at the same time that we pursue war. ‘‘[i]t shall be the policy of the United States tem to deliver that bad news. But this We pursue war, and we use these efforts . . . to prevent Iran from achieving the capa- isn’t about Israel. Israel, again, is to push our policies on others. bility to make nuclear weapons, including by And quite frankly, we don’t have any close, and this development of a weap- supporting international diplomatic efforts to more money to pursue this policy, on of mass destruction is a threat to halt Iran’s uranium enrichment program.’’ Arti- whether it’s used by the militarism or the region. But the development of a cle V of the NPT states clearly that, ‘‘[n]othing even to try to buy friends by giving weapon of mass destruction anyplace in this Treaty shall be interpreted as affecting them a lot of money. It just doesn’t in the world is a threat to the entire the inalienable right of all the Parties to the work. world, and it is not in the national se- I urge a ‘‘no’’ vote on this resolution Treaty to develop research, production and curity interest of the United States. So in the interest of United States secu- use of nuclear energy for peaceful purposes while Israel may bear the brunt or be rity. without discrimination and in conformity with the closest target—or target of words, Mr. Speaker, I would like to make a few articles I and II of this Treaty.’’ As Iran has if, hopefully, not anything else—they more points as to why I oppose this new never been found in violation of the NPT—has have carried this fight, but it’s not just round of sanctions on Iran, which is another never been found to have diverted nuclear their fight. The fight is all of ours. significant step toward a U.S. war on that materials for non-peaceful purposes—this leg- I mentioned diplomacy as a pillar of country. I find it shocking that legislation this islation seeking to deny Iran the right to en- our national security. Another pillar of serious and consequential is brought up in richment even for peaceful purposes itself vio- our foreign policy and of our national such a cavalier manner. Suspending the nor- lates the NPT. security is stopping the proliferation of mal rules of the House to pass legislation is a Mr. Speaker, I am concerned that many of weapons of mass destruction. Imagine process generally reserved for ‘‘non-controver- my colleagues opposing war on Iran will vote what the reaction would be if Iran had sial’’ business such as the naming of post of- in favor of this legislation, seeing it as a step a nuclear weapon, what that would fices. Are we to believe that this House takes short of war to bring Iran into line with U.S. evoke in the Arab world in terms of matters of war and peace as lightly as naming demands. I would remind them that sanctions their interest in having weapons of post offices? and the blockades that are required to enforce mass destruction. It simply cannot This legislation seeks to bar from doing them are themselves acts of war according to happen. With this legislation today, we business in the United States any foreign enti- international law. I urge my colleagues to re- strengthen the President’s hand to use ty that sells refined petroleum to Iran or other- ject this saber-rattling but ultimately counter- or to withhold this particular sanction, wise enhances Iran’s ability to import refined productive legislation. but to have the capability to use diplo- petroleum such as financing, brokering, under- Ms. ROS-LEHTINEN. Mr. Speaker, I macy in a stronger way. writing, or providing ships for such. Such am very pleased to yield 2 minutes to I urge all of my colleagues to support sanctions also apply to any entity that pro- my good friend from Indiana (Mr. BUR- the Iran Refined Petroleum Sanctions vides goods or services that enhance Iran’s TON), the ranking member on the For- Act. ability to maintain or expand its domestic pro- eign Affairs Subcommittee on the Mid- Mr. KUCINICH. I yield 2 minutes to duction of refined petroleum. This casts the dle East and South Asia. He deals with the gentleman from Texas (Mr. PAUL). sanctions net worldwide, with enormous inter- this issue every day. Mr. PAUL. I thank the gentleman for national economic implications. Mr. BURTON of Indiana. I thank the yielding. Recently, the Financial Times reported that, gentlelady for yielding, and I thank the I talked to somebody today that will ‘‘[i]n recent months, Chinese companies have chairman for bringing this to the floor. be voting for these, but admitted that greatly expanded their presence in Iran’s oil God bless you, my son. they won’t work and it is mere sym- sector. In the coming months, Sinopec, the Let me just say that I have heard the bolism. So already they don’t think state-owned Chinese oil company, is sched- arguments from the opponents of this these will do much good, even those uled to complete the expansion of the Tabriz legislation. And my question to them who will vote for it. They’re impossible and Shazand refineries—adding 3.3 million would be, well, what is the alternative? to enforce, is one reason, and it will gallons of gasoline per day.’’ You mentioned one, two, three, four, create a black market. And these par- Are we to conclude, with this in mind, that five, six—seven reasons why we ticular sanctions are most difficult to China or its major state-owned corporations shouldn’t do this, but Iran is devel- enforce just because of the nature of will be forbidden by this legislation from doing oping a nuclear weapons system. the way it’s written. business with the United States? What of our If you look at The Times and the One must understand a little bit other trading partners who currently do busi- BBC, they say very clearly that con- about the pressures put on this country ness in Iran’s petroleum sector or insure those fidential intelligence documents ob- to act in a defensive way. They happen who do so? Has anyone seen an estimate of tained by The Times showed that Iran to be surrounded by a lot of nuclear how this sanctions act will affect the US econ- is working on testing a key final com- bombs. And they don’t have a history, omy if it is actually enforced? ponent of a nuclear bomb, and it is the

VerDate Nov 24 2008 03:03 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.112 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14933 mechanism that explodes the nuclear fully. We need to keep it that way. We Though this bill claims to express bomb. Now, we’ve been waiting and shouldn’t have sanctions that target international diplomatic efforts to halt waiting and waiting for years for them the people, hoping that they will some- Iran’s uranium enrichment program, it to stop the development of a nuclear how revolt and then get mad at their actually undermines those efforts. weapon, and they keep giving us all leadership rather than the U.S. Passing legislation effectively forces these reasons why they shouldn’t be I think that when you look at the our President’s hand in one direction, stopped and why they’re not doing it history of sanctions, you’re hard diminishing the power of the President and all kinds of chicanery; but the fact pressed to find examples where that and his diplomatic team by signifi- of the matter is they continue on the kind of action works, where you try to cantly limiting the tools the adminis- path toward a nuclear weapon. entice some kind of rebellion among tration can utilize. Now, we get a large percentage of our the people that you want to help and Furthermore, it projects a negative energy from the Middle East. Israel is that somehow they will blame their image of the United States in a region not going to sit by and let their coun- government rather than those who are at a time when we need broad inter- try be threatened with annihilation. imposing the sanctions. national support to succeed in our ne- They’re not going to let Iran develop a b 1600 gotiations. nuclear weapon, especially since Former International Atomic Energy Ahmadinejad said he wants to wipe Again, multilateral sanctions can Agency Director General Mohamed them off the face of the Earth. So if work. Multilateral action can work, ElBaradei has repeatedly stated that they develop a nuclear weapon and a and it needs to work. But in order to do sanctions against Iran will be ineffec- detonating device, like they’re working that, you need to give the administrative in forcing Iran to halt its uranium on right now, Israel is going to do tion the flexibility, through a combina- enrichment program. In a speech to the something about it. Now, do we want a tion of diplomacy and other measures, Board of Governors in September of major conflagration in the Middle East to work with our allies, to bring meas- this year, Mohamed ElBaradei recog- that would threaten the energy that we ures that will work. nized the important developments with get in this country? We get about 40 I am glad the gentleman has stood up respect to Iran’s compliance with IAEA percent of our energy from the Middle to oppose this. I want people to know inspections, stating that, We are not in East. If you mess up the Persian Gulf, that we aren’t all in agreement here, a state of panic because we have not if you have that whole area explode, that there are other measures that can seen diversion of nuclear material. We you’re going to see all kinds of prob- be taken. have not seen components of nuclear lems in getting oil from the Middle Mr. BERMAN. Mr. Speaker, I am weapons. East. And we’re not energy inde- very pleased to yield 1 minute to the In addition, he states, We went pendent. Everybody in this country is gentlewoman from Maryland (Ms. ED- through this during the time of Iraq, going to suffer because it’s going to WARDS) on behalf of the legislation. when the Agency went exactly through hurt our economy from top to bottom. Ms. EDWARDS of Maryland. I would that hype, fabrication, and it took a So I wish my colleagues would stop like to thank Chairman BERMAN for war based on fiction and not fact. It and think, do we let them just go on yielding. took a war and thousands of people and not do anything about it, or do we I rise today disappointed that I am dying for the Agency to become strong start ratcheting up the pressure on here to support the Iran Refined Petro- and more credible because we were them, put a little pressure on them, leum Sanctions Act. I am disappointed sticking to the facts. make them stop developing this nu- because it’s the extraordinary lack of Subsection A(1) of section 2 of this clear weapon system? Because if they cooperation and duplicity on the part bill says, The illicit nuclear activities don’t, the alternative is unthinkable. of the leadership in Iran that brings us of the government of Iran, combined Mr. KUCINICH. Could I ask how to that point. with its development of unconven- much time remains. Though I share many of the concerns tional weapons and ballistic missiles in The SPEAKER pro tempore. The gen- expressed by the opposition, like many, support of international terrorism, rep- tleman from Ohio has 7 minutes. I was hopeful at the beginning of the resents a serious threat to the security Mr. KUCINICH. I yield 2 minutes to year with the new President and ad- of the United States and allies in Eu- the gentleman from Arizona (Mr. ministration that we would approach rope, the Middle East, and around the FLAKE). Iran differently and that the leaders in world. Mr. FLAKE. I thank the gentleman Iran would respond likewise. Sadly, the This language makes dangerous accu- for yielding. leadership of Iran, particularly fol- sations that have been repudiated by The gentleman from Indiana has lowing their flawed elections, has been the IAEA and paves the way for the mentioned, what do the opponents of anything but forthcoming and coopera- same mistakes we have made in Iraq. this resolution have in mind. If not tive. They have thwarted the inter- We cannot afford to make the same these sanctions, then what, what do we national community. They rebuffed a mistakes at the cost of the innocent do? I think you are hard pressed to find viable plan for transfer of low-grade lives of the people in Iran. anyone who will rationally say that uranium and materials for a true civil- Ms. ROS-LEHTINEN. I am very this measure will have any real effect. ian nuclear capacity. pleased to yield 1 minute to the gen- This is a statement resolution more They have led the world community tleman from Texas (Mr. HENSARLING), a than anything. along with the belief that they were member of the Budget Committee and And to the extent that it does bite, negotiating fairly and with integrity. Committee on Financial Services, a co- right now we don’t export any refined Instead, they are pursuing enrichment. sponsor of this bill, and a former chair- petroleum products to Iran, but some This posture on the part of the Iranian man of the Republican Study Com- of our allies do, those allies that we government is both unfortunate and mittee, and my friend. need for real sanctions that may or misguided, attempting to test Presi- Mr. HENSARLING. I thank the gen- will bite. If we hope to get them on dent Obama’s resolve and commitment tlewoman for yielding. board, the last thing we want to do is to transparency, deterrence and ac- Given the state of Iran’s nuclear am- get out in front and take measures countability. bitions and its poor record at trans- where there will be punitive action on It’s my hope that our actions today parency, it continues to be clear that our allies that we need for sanctions will enable additional leverage for the United States must lead the world that actually might have an impact. President Obama and his team within in pressuring Iran to give up these am- So the notion that we have to do this the governing multilateral institutions bitions. There is no option. or nothing is simply false. We need to and negotiating countries. I think the Iran’s energy sector is the backbone address this situation there, but we Iranian leadership has to understand of its economy and provides the major- need to do it in a way where we don’t that the United States is both serious ity of its government’s revenue. Iran’s alienate the people of Iran who, when about engagement and accountability. energy infrastructure is deteriorating you’re on the streets of Iran, people are Mr. KUCINICH. I yield myself 2 min- badly. It is in need of modernization. not virulently anti-American, grate- utes. Without this modernization, its energy

VerDate Nov 24 2008 03:03 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.114 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14934 CONGRESSIONAL RECORD — HOUSE December 15, 2009 sector very well may deteriorate and, Fourth, Iran’s willingness to con- Mrs. MCMORRIS RODGERS. Thank along with it, consequently, its econ- tinue with its nuclear transparency you, Ranking Member ILEANA ROS- omy and possibly even its regime. and full-scope IAEA safeguards, includ- LEHTINEN. The Iran Refined Petroleum Sanc- ing short-notice inspections. Madam Speaker, I rise in strong sup- tions Act gives the President an impor- Five, Iran’s willingness to participate port of H.R. 2194 and urge my col- tant tool to help persuade the Iranian in Geneva II. leagues to pass this important security regime to peacefully give up its nu- Six, Iran’s willingness to participate bill. clear ambitions. A nuclear-armed Iran in multilateral expert meetings on nu- As I have mentioned before, in Au- is unacceptable. It could provide rogue clear, non-nuclear, that is, regional gust my husband and I visited Israel. nations and terrorists with nuclear issues, and consideration of a broad The people of Israel want nothing more technology. It constitutes the looming range of confidence-building steps. than to live in peace with their neigh- threat to the national security of the We don’t need these sanctions. We bors, many of whom have said repeat- United States. need diplomacy. edly that they want Israel wiped off of Iran’s behavior not only jeopardizes Ms. ROS-LEHTINEN. Madam Speak- the map. 1 the stability of the region but threat- er, I am so happy to yield 2 ⁄2 minutes But the Israelis are realistic about ens the very existence of many of our to the gentleman from California (Mr. peace. They know it comes from allies in the Mideast, particularly the ROYCE) ranking member on the Foreign strength, from clear military superi- state of Israel. Affairs Subcommittee on Terrorism, ority, from letting your enemies know I enthusiastically encourage all of Nonproliferation, and Trade. that they cannot defeat you. That is a my colleagues to support the Iran Re- Mr. ROYCE. Madam Speaker, time is hard, realistic peace. It’s clear Iran fined Petroleum Sanctions Act. not on our side. Today’s Washington wants to break that peace, to desta- Mr. KUCINICH. May I ask how much Post reports that Iran has learned how bilize the whole region and make Israel time is remaining for all sides? to make virtually every bolt and live in fear. The SPEAKER pro tempore (Ms. switch in a nuclear weapon. It is mas- After years of Iranian delays and de- JACKSON-LEE of Texas). The gentleman tering the technology to enrich ura- ception, we must now back our words from Ohio has 4 minutes, the gen- nium which would fuel that weapon. A 1 with action. Iran must be held account- tleman from California has 5 ⁄2 min- secret nuclear facility located on an able. utes, and the gentlewoman from Flor- Iranian military base was recently re- 1 As Iran takes one step after another ida has 3 ⁄2 minutes. vealed. For years, Iran has been slap- towards nuclear weapons, it edges to- Mr. KUCINICH. I yield myself 2 min- ping away all of our diplomatic over- wards war. A vote in favor of this bill utes. tures. ‘‘Our outreach has produced very is a vote in favor of continuing a hard One of our colleagues talked about, little.’’ Secretary Clinton’s words, not peace in the Middle East and showing well, what are our alternatives here, as mine. though the only alternative we have is Today, the world’s top terrorist state the rest of the world that a nuclear to impose sanctions. We know from a has its tentacles throughout the re- Iran is not an option. report 2 days ago in The New York gion. Its tentacles are Yemen, Iraq, When I left Israel, I pledged to do all Times that Iran’s foreign minister has Lebanon, Gaza, Afghanistan, Syria, I could to support their work to main- said that his country was willing to ex- Sudan. Its agents and proxies are prac- tain and expand a difficult peace. I change most of the uranium for proc- tically everywhere in its aspiration for urge my colleagues to join me in this essed nuclear fuel from abroad, as the regional dominance, not to mention quest. A strong first step is passing United Nations has proposed. The arti- our own backyard. Tomorrow’s nuclear H.R. 2194. cle goes along to say, but only accord- Iran would have a compounding effect Mr. BERMAN. I am pleased to yield 1 ing to the timetable Western powers with severe consequences for regional minute to the gentleman from New appear to have rejected. security and for U.S. security. The York, the chairman of the Western Well, we need to get back into those Hemisphere Subcommittee, Mr. ENGEL. negotiations. I have some points here I time for action is long past. This bill would help address this threat, tar- Mr. ENGEL. I thank the gentleman. want to share with Members of Con- Madam Speaker, only a few short gress. Here is what we can do. geting the regime’s Achilles’ heel. But we need a broad-based Iran pol- months ago the world learned of the se- The debate in Iran is focused on two cret Iranian nuclear enrichment facil- shipments of 400 kilograms each of low- icy that focuses not just on Iran’s nuclear program, but one that aims to ity near the city of Qom. If there was enriched uranium. What is being pro- any doubt that Iran was trying to build posed by Tehran is a phased delivery to protect the U.S. and our allies from the Iranian missile threat and speaks out nuclear weapons, this revelation dis- the IAEA control of Iran’s low-enriched pelled any shred of that doubt. uranium within 3 to 5 months of each against its human rights abuses and bolsters its democracy supporters. The facility, kept secret from the other, for a total of 800 kilograms. International Atomic Energy Agency, Officially, we know Iran’s foreign Disturbingly, this administration has was built deep in a mountain on a pro- minister said they would put 400 kilo- backed away from missile defense in grams of low-enriched uranium in Kish Europe and the democratic movement tected military base. This is how a Island—that’s in the Persian Gulf— inside Iran. The administration must country conceals a nuclear weapons under IAEA custody. The Iranians realize that promoting democracy in program and defies U.N. Security want objective guarantees, the guaran- Iran and improving our national secu- Council resolutions, not how it devel- teed delivery of highly enriched ura- rity go hand-in-hand. ops peaceful energy technologies. nium from Russia and France. I would just mention that sanctions Although Iran is a leading producer Once it’s delivered to Iran for med- helped bring down apartheid in South of crude oil, it has limited refining ca- ical purposes, they would then send an- Africa and ended the South African pability. This bill will increase lever- other 400 kilograms of low-enriched program to develop nuclear weapons. age against Iran by penalizing compa- uranium to the IAEA control at Kish As ranking member of the Sub- nies that export refined petroleum Island. The simultaneous shipment of committee on Terrorism, Nonprolifera- products to Iran or finance Iran’s do- high-enriched uranium to Iran and low- tion, and Trade, I strongly support the mestic refining capabilities. It’s my enriched for medical purposes, and low- passage of this legislation, of which I hope that the administration will enriched uranium from Iran to Kish Is- am an original cosponsor. apply these additional sanctions to land, are confidence-building measures Ms. ROS-LEHTINEN. I am proud to make absolutely clear to the which can form the basis for further yield 1 minute to the gentlewoman Ahmadinejad regime that the world cooperation. from Washington (Mrs. MCMORRIS ROD- will not accept its nuclear ambition. Second, we need to pledge a guaran- GERS), the vice chair of the Republican The U.S. and our allies in the U.N. teed delivery by the U.S. and other P– Conference, a member of the Armed Security Council have recognized that 5-plus-1 participants. Services Committee, Education and a nuclear-armed Iran would be a danger Third, the U.S. offer of assistance Labor Committee, and Natural Re- to the Middle East, to our ally, Israel, with modernizing the instruments for sources Committee, and the mom of and to the nuclear nonproliferation re- the Tehran reactor. Cole. gime. A nuclear-armed Iran is simply

VerDate Nov 24 2008 05:01 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.116 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14935 unacceptable, and we must support this the IRGC. Only sanctions that hurt these deci- those in range of Iran’s missiles, fear sanction. To my colleagues who say sion makers will influence Iran’s decision-mak- that could equal or surpass what we that sanctions don’t work, it only ing process. ourselves experienced during the worst hurts the local population, the same While we must make the Iranian regime days of the Cold War. And all of those argument, discredited argument, was aware of our displeasure with their rejection of consequences, Madam Speaker, will be made against South African sanctions. our positive advances, we must also provide a felt even if Iran’s missiles remain on That worked. These sanctions will, too. helping hand to Iranian citizens. That is why it the launch pad or if its nuclear weap- Support the legislation. is important for Congress, in addition to these ons remain buried. Could we imagine b 1615 punitive sanctions, to also provide assistance those weapons being used? We would be to the democracy movement in Iran by aiding foolish not to as long as those weapons Mr. BERMAN. Madam Speaker, I their access to the internet, in order to provide are in the hands of a regime whose yield for the purpose of making a unan- the Iranian people unfettered access to infor- President denies the Holocaust, stokes imous consent request to the gen- mation, free of government censorship. Con- hatred, and openly threatens its neigh- tleman who first introduced legislation gress should also take steps to increase the bors and the United States of America. on this subject, who I worked closely ability of non-governmental organizations in In the months since last summer’s with, the gentleman from New Jersey the U.S. to work with their counterparts in Iran, election, we have seen the character of (Mr. ANDREWS). so that the Iranian people can benefit from the Iranian regime more clearly than (Mr. ANDREWS asked and was given better health services, educational opportuni- ever. We have seen it in the dissent si- permission to revise and extend his re- ties, the promotion of equal rights, and the fa- lenced, in opposition leaders threat- marks.) cilitation of people to people exchanges. ened and jailed, in peaceful protesters Mr. ANDREWS. Madam Speaker, I The Iranian people are among the most pro- beaten and shot for the crime of de- thank the ranking member and the American people in the Middle East. With pas- manding that their votes be counted. chairman for their guidance. sage of today’s sanctions legislation, it is all We have seen a regime founded on vio- I rise in strong support of the legisla- the more important to reach out to, and lence and on violent disregard for the tion. around the Iranian government, to this pro- opinion of its people and the opinion of Mr. BERMAN. Madam Speaker, I now American society. This is the time to redouble the world community. yield for the purpose of making a unan- our efforts to support the Iranian people and Even so, our administration has, and imous consent request to the gen- their courageous fight for democracy by in- I think correctly, in my view, pursued tleman from Virginia (Mr. MORAN). creasing their access to information and com- a policy of engagement with Tehran. (Mr. MORAN of Virginia asked and munication both in country and internationally. That engagement reversed years of dip- was given permission to revise and ex- Ms. ROS-LEHTINEN. Madam Speak- lomatic silence that did little to slow tend his remarks.) er, I yield myself the balance of my Iran’s growing nuclear program. It Mr. MORAN of Virginia. Madam time. showed the world our patience and our Speaker, I rise today in reluctant sup- Madam Speaker, sanctions, when commitment to addressing the com- port of the Iran Refined Petroleum fully enforced, weaken the oppressors mon threat through diplomacy. And it Sanctions Act, IRPSA. and express support for the opposition. gauged Tehran’s honest willingness to President Obama has extended a hand to They send a clear message to the dis- resolve the crisis at the negotiating the Iranian government, offering a mutually sidents and those who are hungry for table. America’s policy of engagement beneficial deal that would severely limit Iran’s freedom that we stand with them. The always came with a time limit, time ability to develop a nuclear weapon. This con- refined petroleum sanctions bill will for Tehran to negotiate in good faith fidence building measure is intended to give force the regime to use its resources to or, as so many Members have said on us the space and time to reach a more com- take care of the Iranian people, some- this floor today, to show that it was prehensive agreement that would seek to inte- thing that they have not done, instead only using talks as a cover for con- grate Iran back into the international commu- of using its funding to develop nuclear tinuing enrichment of uranium. nity as a responsible actor and to impose weapons and the missiles to deliver Sadly, time is running short and strong, verifiable safeguards to ensure that them. there is still no diplomatic agreement. Iran cannot build a nuclear weapon. After Support the Iranian people. Support The enrichment continues and the agreeing in principle to an initial agreement to peace and security. Support this bill. threat grows. The past months have send Iran’s enriched uranium to Russia, Iran The SPEAKER pro tempore. The gen- brought revelations of secret Iranian has since backed away from it and even re- tlelady’s time has expired. facilities, a lack of cooperation with fused to provide the International Atomic En- Mr. BERMAN. Madam Speaker, I am the International Atomic Energy Agen- ergy Agency a formal response to the pro- very pleased to yield 1 minute to the cy, and a refusal to comply with Secu- posal. majority leader of the House, the gen- rity Council demands to suspend en- Because of the seriousness of the chal- tleman from Maryland (Mr. HOYER). richment. lenges we face, I reluctantly support the Mr. HOYER. I thank the chairman Just today The Washington Post re- IRSPA. It sends the clear message that Iran for yielding. I want to thank the chair- ported that ‘‘Iran has learned how to can either work cooperatively and beneficially man, and I want to thank Congress- make virtually every bolt and switch with the international community or it can woman ROS-LEHTINEN for her leader- in a nuclear weapon, according to as- choose further international isolation. ship as well. sessments by U.N. nuclear officials, as However, for sanctions to succeed, they Madam Speaker, every Member of well as Western and Middle Eastern in- must impose a cost on Iran’s ruling regime. I this Chamber understands the deep telligence analysts and weapons exam concerned that it is the Iranian people— danger inherent in a nuclear Iran. That perts.’’ That language is in the paper rather than the Iranian regime—that will suffer danger includes a new nuclear arms today. That is why this is the right the most under IRPSA. If we are able to limit race as Iran’s regional rivals scramble time to bring strong economic pressure Iran’s ability to import refined petroleum, the to build competing arsenals, plunging to bear on the Iranian regime. Iranian government will simply deflect this cost the Middle East into an ever-greater None of us want military conflict. onto the Iranian people, by eliminating petro- instability and the world into a new Economic sanctions are not as effec- leum subsidies and blaming the United States era of proliferation. tive as we would like them to be. But for the hardship such actions will cause the The danger includes as well a ‘‘nu- we just recently heard from a leader, general public. clear umbrella’’ for groups like Hamas the Chancellor of Germany, that a nu- A democratic uprising against the Iranian re- and Hezbollah, terrorist organizations clear armed Iran was unacceptable. An- gime is currently under way. I believe we need who may take any advantage of their gela Merkel spoke from this rostrum. to stand with the Iranian people as they fight state sponsor’s protection to stage This is not only a perception of the for their freedoms. The Iranian government by more brazen and deadly attacks on United States; it’s a perception also of contrast has brutally oppressed peaceful dem- Israel, certainly, but on all the rest of those who live in Europe, even more onstrators. For that reason, Congress and the us as well. proximate to the nuclear threat that Obama administration should work to craft And the danger includes on a more would be caused by Iran armed with sanctions that affect the leaders of Iran and basic level a new era of fear for all nuclear weapons.

VerDate Nov 24 2008 04:29 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.117 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14936 CONGRESSIONAL RECORD — HOUSE December 15, 2009 The bill was designed by Chairman tion that requires companies applying that it is only through dialogue that you can BERMAN and his committee to target for contracts with the United States move forward. There is no other way. Iran’s economy at one of its weakest Government to affirmatively certify There is a positive development. Iran has agreed to our visiting the heavy water reac- points by penalizing companies that that they do not conduct business with tor and to strengthen verification in Natanz. help Iran import or produce refined pe- Iran. These are all positive. But there is a lot troleum products. Even though it is an The legislation gives companies a more Iran can do. As Ambassador Soltanieh oil producer, Iran imports a great deal single choice: do business with the knows, I put a lot of premium on the Addi- of the refined petroleum that powers United States or do business with Iran. tional Protocol. I know it is not considered its economy. We cannot allow the U.S. Government legally binding. But for us at the Secre- So these sanctions that are proposed to be a financial crutch of this rogue tariat, as we have repeatedly said, the Pro- tocol is key for us to build confidence, not will increase the high cost of Iran’s regime, not on our watch and not on only about declared activities, but also self-imposed isolation from the inter- our dime. And with the passage of this about undeclared activities. And you (Iran) national community. They are also a legislation, Iranian businesses will have implemented the Protocol before. I proportional response because they’re have a choice as well: support a regime know Iran can do it again. I know you have exclusively tied to Iran’s nuclear pro- that chooses economic isolation or been reacting to others, but frankly, you are gram. We should never take sanctions work to change the behavior of the Ira- not penalizing others, you are penalizing like these lightly. yourself. The Protocol will help us to move nian government. forward with the process. Even as we stand with the protesters I urge my colleagues to support this Iran implemented the Code (3.1), before. I facing down repression at the hands of legislation. don’t see any impediment to Iran doing it their own government, we understand Mr. KUCINICH. Madam Speaker, I again. that these sanctions will affect the yield myself 1 minute. There are a number of checkable facts, lives of many ordinary Iranians for the One of my colleagues cited The Wash- such as procurements by military establish- worse. But we know that economic ington Post, but if you read The Post ments, and production by military establish- pressure has worked before to alter the ments. These are issues, as Iran has said be- article, they couldn’t authenticate fore, that Iran can help work with us to clar- behavior of outlaw regimes, especially where the information came from. So ify. I hope you will do that because we need, when such pressure is widely supported after a while it has the ring of uranium both of us, to work together in a construc- by the international community, as from Niger. tive, positive direction. certainly we must hope these sanctions We have to be careful that this sanc- Coming to the alleged studies: they are al- are. We know that these sanctions are tions debate doesn’t put us on the path leged because the whole question is not real- our best tool against the nuclear pro- ly about assessment or analysis, it is about of a military escalation. We have to the accuracy and authenticity of the infor- liferation that risks the security of think why is the Obama administra- mation about the alleged studies. That it is millions in the Middle East. And let me tion, as has been quoted several times the 64,000 dollar question, frankly, and that say that we have 250,000 or more Amer- in this debate, expressing concern is where we are stuck. We have limited abil- icans within range of Iranian missiles. about this legislation, that this legisla- ity to authenticate the allegations. It is one We know that Tehran can choose at tion might weaken, rather than word against another. When we deal with nu- any point to negotiate in good faith, strengthen, international unity and clear material, we are very comfortable; we know the litmus test. We do measurements, abandon its aggressive nuclear pursuit, support for our efforts, that there are and rejoin the community of nations. we do environmental sampling. When it serious substantive concerns, the lack comes to paperwork, that is quite different We shouldn’t hope for a change of heart of flexibility that this would put on our for us because we have very limited tools. from that regime, but we can hope for President in his negotiations? We need Iran to help us to clarify these a change of behavior: a cold under- I submit for the RECORD Mohamed issues. We have said that we are not in a po- standing that as long as Iran builds the ElBaradei’s September 9 comments as sition to say these allegations are real, but we have serious concerns, because of what capacity to catastrophically attack its Director General about the Iran situa- neighbors, its economy will suffer we’ve described—the detail, the different tion. sources. We need to work with you to clarify deeply. These sanctions have the power We’ve got to be careful that we’re not these issues. I would be the first one to want to force that choice. making a situation worse and we’re not to bring this issue to closure. I would hope I therefore urge my colleagues to giving our President the time that he that you would work with us and try to help adopt this resolution. It is time. It is says he needs for diplomacy. us. time to do more than talk. We are will- I would also hope that the suppliers of the SUMMARY OF THE DIRECTOR GENERAL’S COM- information would help us by providing us ing to talk. We want to talk. But talk MENTS MADE AT THE END OF THE BOARD OF without action is not acceptable. Let the authority to share with you as much in- GOVERNORS’ DISCUSSION ON AGENDA ITEM formation as possible. us pass this resolution, support the ad- 6(d) People talk about assessments. I am not a ministration in moving ahead with the (‘‘Implementation of the NPT safeguards scientist, but I can tell you this: if this infor- international community on imposing agreement and relevant provisions of Secu- mation is real, there is a high probability sanctions that will make not only the rity Council resolutions 1737 (2006), 1747 that nuclear weaponization activities have Middle East but the international com- (2007), 1803 (2008) and 1835 (2008) in the Is- taken place. But I should underline ‘‘if’’ munity safer. lamic Republic of Iran’’) three times. I thank the gentleman for the time. Vienna, September 9, 2009. With nuclear material, we can give you full assurance. With certain documentation, it is Mr. BERMAN. Madam Speaker, I am Thank you, Chairperson. quite difficult unless one side or the other A few comments on the debate this morn- very pleased to yield 1 minute to the will help us to establish the facts. However, ing and on what has been transpiring over gentleman from Florida (Mr. KLEIN), there are other issues like procurement, like the past few days. Clearly, we all need to vice chairman of the Subcommittee on manufactures, where Iran can work with us. break the logjam. Merely giving speeches the Middle East and South Asia of the These are checkable facts and we need sim- House Foreign Affairs Committee. here is not going to do that. We have to put ply to clarify them. Mr. KLEIN of Florida. I thank the our heads together. There is stalemate, as I We have in our reports always tried not to have said. Iran has made some positive gentleman for yielding. understate the facts and not to overstate the progress and I recognize that. It was partly, facts. We have serious concerns, but we are Madam Speaker, I rise today to sup- I hope, as a result of my private and public port the Iran Refined Petroleum Sanc- not in a state of panic because we have not appeal to them to move in a positive direc- seen diversion of nuclear material, we have tions Act. tion. That is the only way to move. not seen components of nuclear weapons. It is deeply disappointing that the I don’t think that talking about formali- We do not have any information to that ef- Iranian government continues to ties—whether the work plan has been fully fect. But I need the Protocol in order to be choose to isolate itself. The Iranian implemented or not, how we should write our on more solid ground to make such a state- government has chosen its clandestine reports, or whether to have an annex, or ment. That is why I say a Protocol is abso- nuclear program and its support for whether something is routine or not rou- lutely essential for us to verify the absence tine—that is not the issue. The issue is to of undeclared activities. global terrorism over joining the com- clarify the substance and to make sure that When I hear Ambassador Davies and Am- munity of nations in allowing its econ- all outstanding issues are dealt with. It has bassador Soltanieh, I don’t see where the omy to thrive. been six years and I don’t want this to con- problem is. The U.S. is making an offer with- That is why I worked to include an tinue, as in the case of the DPRK, for 17 out preconditions on the basis of mutual re- important provision in today’s legisla- years. One lesson I learned from the DPRK is spect. Ambassador Soltanieh said they are

VerDate Nov 24 2008 04:29 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.119 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14937 ready to have a comprehensive dialogue. The tion will restrict refined petroleum imports to I yield back the balance of my time. offer by the U.S. is an offer that should not Iran by strengthening the President’s authority Mr. BERMAN. I yield myself the re- and cannot be refused, because it has no con- to impose sanctions on companies that pro- maining time. ditions attached. I hope your response to vide refined petroleum or help Iran maintain or Madam Speaker, I have heard, I that is positive. We can spend days and nights talking about the issues, but unless expand its domestic refining capabilities. guess, three reasons put forth about we talk to each other and not at each other, While Iran is one of the largest producers of why people should not support this leg- we will not move forward. Dialogue is key. crude oil, it lacks adequate refining capability islation. The Agency can provide some confidence, to meet its own domestic needs for gasoline The first is some hint of a belief that but there are many other issues that need to and is forced to import 25 to 40 percent of its Iran is not pursuing a nuclear weapons be addressed in a comprehensive manner and refined petroleum needs. capability. Our report lists activity there have been a lot of opportunities lost This legislation will prevent Iran from import- after activity that Iran has undertaken over the past six years. We should not lose ing the gasoline it needs as a way to put pres- to hide its activities from the IAEA to any more opportunities. sure on the Iranian government to suspend its Finally, I will talk about this issue which build enrichment facilities that have has come to the media about withholding in- uranium enrichment program. no purpose in the uranium enrichment formation. I mentioned that in my opening For over a decade, the United States has program and to talk about neutron speech. Obviously, people are trying to un- played a central role in diplomatic, political triggers, which only have one purpose, dermine the Agency, but they are really un- and economic efforts within the international which is to detonate a nuclear weapon. dermining an institution that is absolutely community to deter Iran from gaining nuclear It is a country that has been offered by essential to the maintenance of inter- weapons capabilities. Russia, with the support of the P5, a national peace and security. All the informa- H.R. 2194 continues those efforts and is chance for a nuclear energy program, tion we got came from people sitting in this particularly important in light of recent intel- and it has spurned all of those offers to room. If anybody has any information that ligence indicating that Iran continues to ad- we have not shared, that has passed muster, vance its nuclear program. pursue this. To me, there can be no se- that has been critically assessed in accord- The latest International Atomic Energy rious doubt about that. ance with our practice, please step forward Agency, IAEA, resolution adopted by the The second argument is that they get today. Otherwise, as a preacher would say, a nuclear weapon, and we can contain ‘‘You should forever hold your peace.’’ Board of Governors on November 27, 2009, This is where we are. If you have informa- notes with serious concern how Iran has con- them. For the reasons I gave in the be- tion, please step forward. We have no more structed an enrichment facility at Qom in ginning and because I believe it totally information. The assessment is in our report. breach of its obligation to suspend all uranium destroys the nonproliferation regime, As I said, if this information on alleged stud- enrichment related activities. containment is not the right policy. ies is true, the likelihood is high that mili- Many experts believe that with further proc- The third argument is that these tary activities have taken place in Iran. But, essing of low-enriched uranium, Iran could sanctions are going to hurt the Iranian that hinges on the word ‘‘if,’’ which is where people. Well, I was here in 1986 when we we are stuck right now. have the capability to produce a nuclear As for the idea that we did not share all weapon by the end of this year, reinforcing the took up a prohibition on any new in- the information and that we only gave infor- sense of urgency to address this threat. vestment, not investment in the en- mation in a briefing—I can’t for the life of A nuclear-armed Iran would lead to a nu- ergy sector, but any new investment in me understand how we can share informa- clear arms race and increase the likelihood the apartheid regime of South Africa. tion in a briefing with 150 Member States that such weapons might actually be used What was the argument against it? and at the same time be told that we have against the United States and our allies. Banning new investment, curtailing not shared information. That briefing is open As such, it is a threat not only to the Middle economic growth, hurting the majority to all Member States, every single one. But of the population in South Africa. the briefing is simply to explain the report. East, but to the entire world. It had nothing different from what is in the I urge my colleagues to support this legisla- Don’t do it. Don’t wreak havoc on the report. tion and hope that it will be an effective step poor people. We went through this, I’m sorry to say, towards preventing such a threat. We did not listen to that argument. during the time of Iraq, when the Agency b 1630 We enacted those new sanctions. Eu- went exactly through that—hype, fabrica- rope soon followed in banning new in- The SPEAKER pro tempore. The gen- tion. And then it took a war based on fiction vestment. The South African business and not fact, a war President Obama called tleman from Ohio has 1 minute remain- community went to the regime in euphemistically ‘‘a war of choice’’. It took a ing. The gentleman from California has South Africa and pointed out the eco- war and hundreds of thousands of people 2 minutes remaining. dying for the Agency to become stronger and Mr. KUCINICH. I will use the balance nomic devastation they faced if they more credible because we were sticking to of my time. continued with their apartheid poli- the facts. I don’t want to go through that Madam Speaker, this is starting to cies. process again; you do not want to go through sound like the debate over Iraq. It is ludicrous to think that the peo- that process again. ple who are risking their lives and So let us all work together on the basis of My concerns are that this resolution diplomacy, on the basis of facts to be able to is opposed to our national security, their liberty and their limbs and who resolve the issues as early as possible. that it undermines diplomatic initia- are doing everything they can to ex- MOHAMED ELBARADEI, tives, that it creates a gas shortage in press their opposition to this regime in Director General. Iran which, in a sense, the regime Iran are going to turn into a unifying Mr. BERMAN. Madam Speaker, I am would blame on the United States. It force behind that regime because the pleased to yield 1 minute to a very pa- will benefit the Revolutionary Guard price of oil gets higher. We are working tient member of the Committee on in its effort to gain profit off of a black with them to weaken that regime and Homeland Security, the gentleman market. It will throw the energy poli- to stop this nuclear weapons program. from Texas (Mr. AL GREEN). tics of the world into chaos with Rus- Ms. LEE of California. Madam Speaker, as Mr. AL GREEN of Texas. Madam sia, Venezuela and our European allies one who has worked for nuclear disarmament Speaker, today we will impose sanc- all coming in to play. It will undermine and nonproliferation efforts throughout my life, tions. We will sanction with this legis- our diplomacy. It will isolate us from I share my colleagues concern regarding the lation or we will sanction the unac- our allies. It will isolate us from trad- prospect of a nuclear armed Iran. ceptable status quo, to which I say not ing partners. It will undercut inter- I strongly believe Congress must support on my watch. national energy companies which try the Administration’s diplomatic efforts and pro- Let history record that even if I to work with the United States in back vide tools to help that diplomacy succeed in could not do enough, I did do all that I channels in diplomacy. It will under- curbing Iran’s belligerent and deceptive activi- could. I support sanctions to avert a mine democracy efforts in Iran, and it ties as related to their nuclear program, as tyrant from acquiring nuclear weapons will strengthen the hardliners. It will well as put an end to the unjust and inhumane of mass destruction capable of creating make U.S. presence in Iraq, Afghani- tactics used by the Iranian government to sup- an inferno unlike that which even the stan, and Pakistan more dangerous for press democratic dissent amongst their own mind of Dante could imagine. To act our troops. people. later may be to act too late. This sanctions resolution is, unfortu- I have serious concerns regarding Iran’s vio- I rise in support of the Iran Refined Petro- nately, a path towards military escalation of its obligations under the Nuclear Non- leum Sanctions Act (H.R. 2194). This legisla- lation. As such, it should be defeated. Proliferation Treaty, NPT.

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00059 Fmt 7634 Sfmt 9920 E:\CR\FM\A15DE7.054 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14938 CONGRESSIONAL RECORD — HOUSE December 15, 2009 I believe strongly that the international com- decided that the government of Iran’s refusal Mr. PAULSEN. Madam Speaker, I rise munity must work in a united collaboration to to cooperate with the multilateral community today in strong support of H.R. 2194, the Iran compel Iran to renounce and cease all activi- on nuclear proliferation generates a significant Refined Petroleum Sanctions Act. ties that are in violation of the NPT, and sub- risk to doing business with Iran. A few months ago, a second nuclear enrich- mit fully to the international inspection regime. I would like to thank Chairman BERMAN, for ment site was discovered in Iran. The Iranian Let me also be clear that I strongly oppose incorporating my concerns about the human regime had withheld the disclosure of this fa- the use of military force and while sanctions, rights situation in Iran into the findings of this cility from the International Atomic Energy particularly, with international support, can be legislation. It is important that we acknowledge Agency for quite some time—yet another vio- utilized effectively if designed appropriately that, throughout 2009, the government of Iran lation of Iran’s obligations under the Nuclear and in the right circumstances, they cannot be has persistently violated the rights of its citi- Nonproliferation Treaty. Furthermore, this sec- viewed as a checkmark on the path to war. zens. The government of Iran’s most overt dis- ond facility will allow Iran to produce more en- Madam Speaker, there certainly may come play of disregard for human rights happened riched uranium and at an even faster rate. a time for additional unilateral sanctions in the Presidential elections on June 12, 2009. There is no doubt that a nuclear Iran poses against Iran and those that would do business As I said on June 19, 2009, ‘‘we must con- a dangerous threat to the United States and with them. demn Iran for the absence of fair and free its allies throughout the Middle East and Iran’s recent rejection of international over- Presidential elections and urge Iran to provide across the entire globe. We cannot allow the tures and threats of expanding their nuclear its people with the opportunity to engage in a Iranian regime to continue threatening its enrichment program without allowing for im- Democratic election process.’’ The repression neighbors and thumbing its nose at the world. proved transparency demand that Congress and murder, arbitrary arrests, and show trials And we certainly cannot let a regime that has work with the administration to effectively in- of peaceful dissidents in the wake of the elec- threatened to wipe Israel off the map even crease pressure on Iran should multilateral ditions were a sad reminder of the government come close to obtaining a nuclear weapon. plomacy fail. of Iran’s long history of human rights viola- Madam Speaker, the Iran problem is getting But let us do everything we can to support tions. The latest violations were the most re- worse, not better. It is time we take action. the Obama administration during this very crit- cent iteration of the government of Iran’s wan- Currently, Iran relies on foreign suppliers for ical juncture. ton suppression of the freedom of expression. 40 percent of its refined petroleum. The legis- Iran’s failure to-date to grasp this oppor- It is important that we are clear that our lation before us would sanction foreign compa- tunity for engagement has opened the door to concerns are with the government of Iran and nies that sell refined petroleum to Iran, or help a multilateral sanctions regime that will be not its people. The State Department’s Human Iran with its own domestic refining capacity, by necessary to compel Iran to change course. Rights Report on Iran provides a bleak picture depriving those companies of access to the I have grave concerns that H.R. 2194, as of life in Iran. The government of Iran, through U.S. market. This will help put needed pres- currently written may jeopardize these efforts its denial of the democratic process and re- sure on Iran to suspend its program and allow by: pression of dissent has prevented the people for verification of that action. Setting inefficient monetary thresholds and from determining their own future. Moreover, it Time and time again, Iran has been given penalty levels is the government of Iran that persecutes its the opportunity to prove they are not pursuing Risking unintended foreign policy con- ethnic minorities and denies the free expres- nuclear weapons and each time they have sequences as a result of potential punitive sion of religion. As we proceed with consider- failed to do so. It is time for the U.S. to take measures against the very international part- ation of this legislation, we should all remem- action and send a message that the world will ners from which we are seeking cooperation ber that the sole target of these sanctions is not sit idly by as tyrants in Iran buy time to en- on this issue; and the Iranian government. rich uranium and ultimately amass a nuclear Narrowing the President’s waiver authority Madam Speaker, the government of Iran weapon. in a manner that may undermine the Presi- has repeatedly shown its disdain for the inter- Madam Speaker, I would be remiss if I did dent’s flexibility as he pursues a dual track of national community by disregarding inter- not mention the brave Iranian people who are engagement coupled with increasingly unified national nonproliferation agreements. Iran’s peacefully going to the streets to protest the international pressure. flagrant violation of nonproliferation agree- actions of the current regime. It is not only for Madam Speaker, after decades of levying ments was evidenced most recently in the dis- our own security but also for these people— unilateral measures against Iran with little ef- covery of the secret enrichment facility at the students and dissidents who desire a bet- fect, and in recognition of the essential sup- Qom. The government of Iran’s continued ter future for their nation—that this legislation port of our international partners, I cannot fully threats against Israel, opposition to the Middle should be passed. support moving forward with this bill in its cur- East peace process, and support of inter- The status quo when it comes to Iran is no rent form. national terrorist organizations further dem- longer a viable option. This bill offers a peace- In placing my vote today, I recognize that onstrate the necessity for action. ful, significant course of action that will set the this bill is not in its final form-but in its current Iran’s recent actions towards the inter- world on a safer course when it comes to Iran. form it does not meet the test of efficacy for national community reflect a very small meas- I urge adoption of this important legislation. achieving our non-proliferation goals with re- ure of progress. Iran’s decision to allow Inter- Mr. JOHNSON of Georgia. Madam Speaker, spect to Iranian behavior. national Atomic Energy Agency, IAEA, inspec- nuclear weapons are a plague. It is my hope that changes to address these tors to visit this facility was a positive sign, but If we are to control their spread, inter- concerns will be reflected in the bill when it re- not a sufficient indication of their willingness to national law must mean something. Words turns to the House floor. comply with international agreements. The re- must be supported by action. While we are not able to make changes to cent announcement that Iran will accept a nu- In recent months, the United States and our this legislation here today, I plan to work with, clear fuel deal is also indicative of their willing- allies have engaged in vigorous multilateral di- and in support of Chairman BERMAN and the ness to engage in dialogue, though it remains plomacy in an attempt to break through an im- Administration, to ensure any sanctions pack- to be seen what amendments that they will passe with Iran over its nuclear program. age ultimately signed into law most effectively seek to the deal. While these actions indicate Rather than engaging in good-faith diplo- serves U.S. interests in preventing a nuclear a small degree of improvement in Iran’s posi- macy, Iran has stalled and played games. armed Iran. tion, the legislation before us today dem- So today we must authorize President Ms. JACKSON-LEE of Texas. Madam onstrates that only continued dialogue and Obama to impose sanctions on Iran’s petro- Speaker, I rise in support of H.R. 2194, the positive actions will soften the international leum sector. Iran’s leaders must understand Iran Refined Petroleum Sanctions Act of 2009. community’s stance towards Iran. that life will become more difficult every day This legislation provides another tool for the I would also like to emphasize that the legis- they defy the lawful will of the international President to prevent Iran from developing nu- lation before us provides only one tool for community. I urge the President to use this clear weapons by allowing the administration achieving Iran’s compliance with international authority carefully, patiently, and effectively. to sanction foreign firms who attempt to supply nonproliferation agreements. I continue to sup- I commend Chairman BERMAN for his dili- refined gasoline to Iran or provide them with port the Administration’s policy of engagement gence and determination in bringing this legis- the materials to enhance their oil refineries. with Iran and use of diplomatic talks. I believe lation through Committee and to the floor. I These sanctions would further restrict the gov- that diplomacy and multilateralism are the am also proud to have a small claim of co-au- ernment of Iran’s ability to procure refined pe- most valuable tools we have to create change thorship. I contributed language that highlights troleum. Currently, the availability of petroleum in Iran. After those tools fail, I believe that the Iran’s construction of a secret uranium enrich- products is stagnant in Iran. Private firms have sanctions are an appropriate recourse. ment facility at Qom and demands that Iran

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00060 Fmt 7634 Sfmt 9920 E:\CR\FM\A15DE7.066 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14939 disclose any additional covert enrichment fa- peace and security in the region through multi- to refined petroleum resources to prevent cilities. lateral sanctions and efforts to force Iran to Iran’s nuclear proliferation. However, while do- Iran’s acquisition of nuclear weapons will denuclearize. In order to be successful, I be- mestic sanctions are critical, it is also impor- beget similar programs by Iran’s neighbors. A lieve these efforts must be international in tant that our allies participate in an inter- nuclearized Middle East is bad for inter- scope. national coalition so that combating Iran’s nu- national security, bad for the global economy, The passage of H.R. 2194 is an important clear proliferation is a multilateral effort. bad for the United States and bad for our al- step towards continuing to show Iran that we This bill, like other Iran sanctions bills that lies. will not stand by idly while they continue to have preceded it in this chamber, was referred Nuclear weapons are a plague. Here we threaten the peace and security of the rest of to the Ways & Means Committee. Usually on must draw a red line and stop their spread. the world. I regret that I am unavoidably de- Iran bills, Foreign Affairs and Ways & Means Mr. OLSON. Madam Speaker, I rise in tained in California. However, as a cosponsor discuss and agree jointly on the provisions in strong support of the Iran Refined Petroleum and strong supporter of H.R. 2194, I would the bill that fall within the jurisdiction of my Sanctions Act. have voted ‘‘aye’’ on this critical legislation. Committee. These conversations have always The threat from Iran is real. Just last month, Mr. FALEOMAVAEGA. Madam Speaker, I been very productive in the past. This process the IAEA censured Iran for its secret nuclear rise in strong support of H.R. 2194, the Iran provides the best possible outcome, because facility. In response, Iran vowed to no longer Refined Petroleum Sanctions Act of 2009, it respects the strength and thrust of the bill, cooperate with the IAEA and, soon after, an- aimed at checking the government of Iran’s as well as positions the legislation to give our nounced their plans for 10 additional nuclear clandestine effort to acquire a nuclear weap- Administration the best chance at continuing enrichment sites. Iran is also the leading state ons capability. to cultivate and maintain international multilat- sponsor of terrorism and is supporting extrem- That effort is particularly troublesome given eral pressure. ist organizations in the Middle East and be- the country’s ongoing support of international We are still in the midst of that process for yond. terrorism and its programs to develop ballistic the bill now under consideration, and the bill It is time for this Congress to say ‘‘enough missiles. An Iranian regime armed with nu- we are voting on reflects the starting point of is enough.’’ This legislation sends a clear clear weapons and the systems to deliver that process, not the end result. The aspects message: foreign entities selling petroleum to them, and no compunction about targeting in- of the bill within the jurisdiction of Ways & Iran will pay a price and will not enjoy the ben- nocents, will present a grave security threat to Means that the two Committees are still dis- efits of having the United States as a cus- the United States, the Middle East and the en- cussing include the bill’s provisions addressing tire globe. And make no mistake: Iran has tomer. the President’s waiver authority, the structure global ambitions, now encompassing the Pa- I commend Mr. BERMAN for this fine piece of and content of the additional mandatory sanc- cific Islands. Last year, for example, Iran pro- legislation and urge my colleagues to support tions, and certain definitions. H.R. 2194. vided a $200,000 scholarship fund to the Sol- Although we have not completed our discus- omon Islands for students living there to study Ms. LORETTA SANCHEZ of California. sions, I can nevertheless offer my full support medicine in Cuba. This year, the Solomons Madam Speaker, I am a strong supporter of to this bill because of the Foreign Affairs voted in favor of a U.N. resolution regarding H.R. 2194, the Iran Refined Petroleum Sanc- Chairman’s commitment to continue working the seriously-flawed Goldstone Report on the tion Act. I believe Iran remains the number with the Ways & Means Committee on these one national security concern for the inter- Gaza conflict. Meanwhile, today’s Washington Post reports outstanding issues. national community. Iran’s continued pursuit of In light of that commitment, it is my expecta- nuclear capabilities is extremely concerning that Iran’s indigenous scientific and technical capabilities appear to have put Teheran on the tion that bona fide, good-faith discussions be- and remains a serious threat to the United tween Ways & Means and Foreign Affairs will States of America and the entire world. Iran’s threshold of becoming a nuclear weapons state. And as Secretary of State Hillary continue as this legislation proceeds in the refusal to respond to the United States’ diplo- legislative process. matic engagement is especially disconcerting. Rodham Clinton noted yesterday, diplomatic engagement with Iran over its nuclear activi- Mrs. MILLER of Michigan. Madam Speaker, I’d like to thank Chairman BERMAN for his will- I rise today in strong support of H.R. 2194— ingness to add language to this legislation at ties, ‘‘has produced very little in terms of any kind of a positive response from the Iranians.’’ Iran Refined Petroleum Sanctions Act. my request, highlighting Iran’s unwillingness to H.R. 2194, sponsored by the Chairman of This bill requires the President to impose cooperate with the international community the House Foreign Affairs Committee, the dis- sanctions on any entity that provides Iran with and the government’s insistence on rejecting tinguished gentleman from California, Mr. BER- refined petroleum resources, or engages in the United States’ efforts at engagement. MAN, provides the Administration one more in- activity that could contribute to Iran’s ability to When Iran’s secret nuclear facility was re- strument for its diplomatic tool kit: explicit au- import such resources. vealed in September, my colleagues and I de- thority to impose additional sanctions on the Because Iran lacks sufficient domestic pe- manded that the Government of Iran imme- Iranian regime if it fails to abandon its quest troleum refining capability, a restriction of gas- diately disclose the existence of any additional for nuclear weapons. oline deliveries to Iran will become a painful nuclear-related facilities, and provide open-ac- While I hope that the President will not have sanction designed to bring Iran’s leaders into cess to its Qom enrichment facility. The to exercise that authority, I believe having it compliance with their commitments under the Obama Administration set a deadline for Iran available will increase his diplomatic leverage. Nuclear Non-Proliferation Treaty. to open the facility for inspection. However, It is time for the government of Iran to heed The government of Iran must verifiably sus- Iran did not meet this deadline. Iran was also the call of the international community and pend, and dismantle its weapons-applicable required to ship its low-enriched uranium abandon its nuclear ambitions. I ask my col- nuclear program and stop all uranium enrich- stockpile to Russia and France for conversion. leagues in the House to reinforce that call by ment activities. Yet again, Iran refused to accept this deal. supporting H.R. 2194. There can be no doubt that Iran poses a Iran has systematically refused to live up to Mr. CAMP. Madam Speaker, I rise in sup- significant threat to the United States and our any of its promises of transparency and co- port of H.R. 2194. allies in the Middle East and elsewhere. Iran operation with the international community. In- I am deeply concerned that Iran continues is proceeding with an aggressive nuclear stead, Iran decided to act against our efforts to pursue nuclear capabilities in defiance of weapons program, despite its claim that the at engagement by announcing that it would the international community. The Iranian lead- Iranian nuclear program is for peaceful uses. enrich its own uranium to 20 percent, and that er’s abhorrent statements against America and Preventing Iran from acquiring nuclear it would build 10 new enrichment plants for Israel are outrageous. weapons and ending its support for inter- purportedly civilian purposes. Both current and previous Administrations national terrorism are vital United States na- These actions are unacceptable and the view Iran as a profound threat to U.S. national tional security interests. U.S. House of Representatives must ensure security interests, a view that reflects my posi- We know that Iran has engaged in that our country is not investing in companies tion as well. stonewalling, deception and deceit when it and institutions that enhance Iran’s petroleum We must address the situation. I have con- comes to its nuclear program. Several weeks resources, which may be used to fund their tinually supported efforts to give U.S. Presi- ago, a secret uranium enrichment facility near nuclear ambitions and terrorist groups. How- dents the tools and capabilities needed to pre- the city of Qom was revealed—a facility the ever, I also believe the international commu- vent Iran from acquiring nuclear weapons, and Iranians failed to disclose to the International nity must come together to help neutralize the I continue to do so today. Atomic Energy Agency. threat Iran poses to the rest of the world. All I wholeheartedly agree with the goal of H.R. Yesterday, British intelligence revealed that states must take responsibility for maintaining 2194. I believe we need to expand sanctions it has discovered documents which indicate

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00061 Fmt 7634 Sfmt 9920 E:\CR\FM\A15DE7.069 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14940 CONGRESSIONAL RECORD — HOUSE December 15, 2009 that Iran has been testing nuclear bomb trig- acquire nuclear weapon capabilities, it is all leum Sanctions Act. Not only has Iran repeat- gers since at least 2007. too likely that they will share their weapons edly refused to engage in international diplo- This Administration is engaged in some and knowledge with any number of dangerous matic efforts to halt their ongoing nuclear pro- wishful thinking if they believe that the threat actors. Nuclear weapons proliferation, particu- gram, it is resolute in its plans to expand it. posed by Iran’s nuclear weapons program can larly to non-state actors and those who pose Just today, Israel’s Military Intelligence Chief be negotiated away through engagement and the greatest threats to the security of America, Major General Amos Yadlin stated that Iran concessions. Israel, and other allies, must be stopped at all has enough nuclear material for a warhead Mohammad El-Baradei, the former head of costs. and is close to being able to build one. This the IAEA said, ‘‘Investigations into military as- At the same time, it is vital that we seek the announcement reinforces the urgency of pects of Iran’s nuclear program had reached a support of the international community to pres- strengthening the United States economic ‘‘dead end.’’ sure Iran to stop its nuclear weapons pursuit. sanctions against Iran. We have tried negotiations and inspections We must work with our allies in Europe, as The United States must defend the security to convince the Iranian regime to end its well as with China, Russia, and others to ad- of Israel and the Middle East, as well as our weapons program and we are getting no re- dress the threat that a nuclear-armed Iran pre- citizens here at home from Iran’s dangerous sults. sents to the world. But international efforts threats. This bill sends a clear message that So, the time has come to take decisive, should not be an alternative to the United the United States takes Iran’s actions and concrete action and nothing less than over- States pursuing the strongest sanctions op- threats seriously and that we will not sit idly whelming and crippling sanctions will compel tions possible against Iran. by. I urge my colleagues to vote in favor of Iran to end the pursuit of nuclear weapons. It will be very important in the upcoming this critical legislation and I am thankful it has This bill provides a powerful stick to force year that we continue to proceed with both finally been brought before the House for the Iranians to end its illicit nuclear weapons U.S. sanctions, and also international diplo- consideration. program. matic efforts and sanctions to prevent Iran Mr. PENCE. Madam Speaker, I rise in sup- I urge my colleges to support this bill. from proceeding with its dangerous and insu- port of H.R. 2194, the Iran Refined Petroleum Mr. LIPINSKI. Madam Speaker, I rise today lar nuclear weapons ambitions. Iran must not Sanctions Act, and I commend the chairman in strong support of H.R. 2194, the Iran Re- be allowed to become a nuclear weapons and ranking member of the House Foreign Af- fined Petroleum Sanctions Act. I am proud to state, and we must pursue all available op- fairs Committee for their leadership in bringing be a cosponsor of this important bill, and urge tions to prevent that from occurring. It is es- this legislation to the floor. my colleagues in the House, as well as the sential to that goal that we pass the Iran Re- In June of this year, it was a great privilege Senate, to enact this legislation into law with- fined Petroleum Sanctions Act. for me to partner with Chairman BERMAN in out delay. Mr. MACK. Madam Speaker, today I rise in bringing a bipartisan resolution to the floor of Iran has for decades presented a serious strong support of the Iran Refined Petroleum the House that expressed the American peo- threat to the security of the United States, our Sanctions Act of 2009 (H.R. 2194). I would ple’s solidarity with dissidents in Iran and con- allies, the region, and the international com- like to thank Chairman BERMAN and Ranking demned the violence taking place there. That munity. Its support for terrorism and other bel- Member ROS-LEHTINEN for their leadership and resolution was met with overwhelming support. ligerent activities has been a particular chal- work to bring this legislation to the floor. I So should this Iran sanctions legislation. lenge to the security of Israel and the entire would especially like to thank them for working Iran has deceived the world community time Middle East. Iran’s more recent efforts to de- with me to ensure that language related to and again, and any assurance that their nu- velop nuclear weapons elevate these security Venezuela and Iran was included. clear program is peaceful should be seen for threats, and must be resisted by all the diplo- Madam Speaker, Iran is not wasting any what it is, just another lie. Iran’s support for matic and security institutions of the United time in its pursuit of nuclear weapons, and this terrorism and pursuit of weapons of mass de- States. Furthermore, the reports this week that body must also not waste any time in making struction have long threatened global peace Iran is pursuing technology specific to nuclear sure that this bill becomes law. and security. It is time to impose meaningful weapons should remove any doubts about Today in the Western Hemisphere, Iran and sanctions on the Iranian government, and Iran’s intentions with regard to uranium enrich- its proxies, such as Hezbollah, are working send a strong signal that these dangerous ment, and make clear to me that we must hard to promote acts of terrorism. acts will not stand. contain this threat immediately. Iran is also working diligently across the President Obama promised during his cam- The Iran Refined Petroleum Sanctions Act Western Hemisphere to acquire uranium. This paign that he would extend an open hand to will provide the United States with a new lever would, of course, not be possible without the Iran and has expended precious time and re- against the Iranian regime in order to deter its help of Venezuelan leader Hugo Chavez. sources towards that goal. However, the inter- dangerous behavior. Specifically, this bill Madam Speaker, my subcommittee held a national community and this country have would allow the President to impose sanctions hearing in which we addressed Iran’s rising in- talked long enough about Iran’s nuclear ambi- on any business or individual that makes an fluence in the Western Hemisphere. All ex- tions; it is time for deeds. investment that contributes to Iran’s ability to perts point to Venezuela when it comes to I urge my colleagues to come together in a develop its petroleum resources or to import Iran’s threat in our region. bipartisan way to support this important legis- petroleum goods. Iran relies on its oil exports Hugo Chavez has not only facilitated Iran’s lation. to derive income, and must also import 30–40 influence, but is a co-conspirator with Iranian Ms. EDDIE BERNICE JOHNSON of Texas. percent of its gasoline to meet its needs. leader Mahmoud Ahmadinejad in both evading Madam Speaker, today I will vote against H.R. Sanctions on petroleum development and the sanctions and procuring nuclear technology. 2194, the Iran Refined Petroleum Sanctions fuel needs of Iran will further cripple its eco- This bill targets Iran. And we should target Act. This legislation seeks to expand economic development—focused primarily on the Iran. But we must also be mindful of who is nomic sanctions against Iran. I believe that the elite class that is closest to the regime, and helping Iran avoid sanctions and who is help- foundation of this act reflects a misguided and help to increase the costs of its threatening ing Iran achieve its ultimate goals. self-defeating approach to United States for- activities. These far-reaching sanctions, cap- This bill rightfully adds the sale of gasoline eign policy. Economic sanctions will target the turing all those who provide a range of associ- to the list of sanctions for Iran. It should come Iranian people not just the Iranian government. ated support to Iran’s petroleum needs, will as no surprise to this body that just a few These sanctions seek to make the Iranian send an important message to the regime that months ago, Chavez and Ahmadinejad signed people miserable enough so they will pressure its nuclear weapons ambitions are unaccept- a deal that allows Venezuela to sell 20,000 their government to change course. We have able, and that they will be met with serious barrels of gasoline each day to Iran. seen from the past Iranian Presidential elec- consequences. Chavez’s actions clearly undermine our ef- tions that public pressure directed at the gov- It is very important that Congress pass this forts and bolster Ahmadinejad’s ability to ac- ernment has, and did not, work. We have bill quickly in order to provide the President quire a nuclear weapon. We in Congress must seen from the past with countries, such as the necessary options and legal remedies to not stand for it. We must stem Ahmadinejad’s Cuba and Iraq, that these sanctions harm the deter Iran. There is a point of no-return with growing influence in Latin America, and we people and not the ruling government. I be- nuclear weapons development, and we must can start by passing this important legislation. lieve that these economic sanctions take au- engage all available options to prevent Iran I urge my colleagues to support the Iran Re- thority away from the President and States of from developing those capabilities. Further- fined Petroleum Sanctions Act. Department by tying their hand from achieving more, as we have learned with Iran’s support Mr. ROONEY. Madam Speaker, I rise today a diplomatic national security strategy. Let me for terrorist groups like Hezbollah, should Iran in strong support of H.R. 2194, the Iran Petro- be clear, I do not approve of Iran’s nuclear

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00062 Fmt 7634 Sfmt 9920 E:\CR\FM\A15DE7.073 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14941 program or of this governments human rights plomacy that the United States can use to was noted that ‘‘in two recent instances, record. I believe that we must trust in our pressure Iran to engage in serious negotia- Microsoft and Google each determined that President and State Department to lead inter- tions. they must deny instant messaging services to national pressures on Iran. While I commend the Obama Administration the Iranian people that were previously avail- Madam Speaker, I have always promoted for its willingness to engage with Iran and offer able, citing their duty to comply with U.S. diplomacy, peace, and human rights. In 2001, new solutions, I fear that their dialogue and sanctions.’’ Apparently, this medium had be- I created ‘‘A World of Women for World discussion isn’t being met with true partner- come a popular way for protesters to get Peace’’ to bring greater visibility to peace- ship by the Iranian regime. The Iranian Gov- around increasing efforts by the Iranian gov- making and peace-building activities in com- ernment continues to drag their feet and ernment to monitor their communications. As a munities around the world. I firmly believe that refuse to commit to honest dialogue. result, my colleagues warned that ‘‘Congress Madam Speaker, nuclear nonproliferation is the burden of peacemaking, peace building, must act quickly to ensure that we are not un- and nation building cannot be left to one insti- a global responsibility. wittingly doing the repressive work of the Ira- tution, gender or political party. It must be a Through my position on the House Com- nian government on its behalf.’’ shared responsibility that encompasses all, re- mittee on Foreign Affairs, I included a provi- gardless of race, class, gender and religion. If sion in this bill to the President to issue a The President is currently working with our these sanctions are passed, they will block timely report on the trade and sales of petro- international partners not only as part of a re- Americans and Iranians from working together leum extraction equipment between Iran and newed diplomatic outreach effort but also to promoting peace, nation building, and human members of the G20. fashion a strong multilateral response if Iran rights. Sactions by the United States alone will not continues to refuse to cooperate with the inter- Mr. PETERS. Madam Speaker, I rise today put the pressure on the Iranian regime unless national community. in strong support of the Iran Refined Petro- they are met with equal restrictions by our leum Sanctions Act, legislation that I co-spon- friends and allies. In testimony in October, the State Depart- sored because of my concerns about the Ira- I have devoted much of my efforts on the ment told Congress that it believes it has ‘‘the nian nuclear threat. We in Congress must act committee to promoting transatlantic relations authorities necessary to take strong action swiftly to make sure a nuclear Iran is never a and nonproliferation efforts, and I feel that alone and together with our international part- reality. there is no better way to engage with allies ners, should they prove necessary’’ to I know how destabilizing a nuclear Iran and foes-alike than to promote a nuclear non- squeeze off financing of Iran’s nuclear weap- would be to the region. While serving on duty proliferation regime and ending Iran’s nuclear ons efforts. with the U.S. Navy reserve in the United Arab ambitions once and for all. For example, the Treasury Department can Emirates, I could look out each day over the This reporting requirement will allow the continue to use the authority that it has used Straights of Hormuz. I could see the line of oil U.S. to weigh the efforts of the G20 members for over three years now to blacklist Iranian tankers waiting to transit the straights and I in the fight against nuclear proliferation and banks and encourage international banks to saw what a choke point that was for the will ultimately further secure the United States, avoid doing business with Iran. world’s economy. This year, I traveled to Israel and the global community. Israel, a trip which reinforced just how critical I am confident that this measure will un- As a result, since 2006, the U.S. has taken and grave the threat from Iran is to Israel’s se- doubtedly give the Administration the leverage action against over 100 banks, government curity and America’s interests in the region. that it needs to negotiate with the entities, companies, and people involved in Despite being a leading producer of crude Ahmadinejad regime, but the United States Iran’s support for terrorism and its proliferation oil, Iran cannot adequately meet its own needs will need the support of the international lead- activities including freezing assets and pre- for refined petroleum products. Enacting sanc- ers in trade and the energy sector to wean venting U.S. persons, wherever located, from tions to restrict the imports of those products Iran off its nuclear ambitions. doing business with them. Ms. MOORE of Wisconsin. Madam Speak- into Iran is important leverage we must have Recently, the Department wrote to express to ensure the security of the united States, er, I am concerned about Iran’s irresponsible its concerns about companion Senate legisla- Israel, and our allies around the world. violations both of its commitments under the tion to the bill before us today warning that Passing tough sanctions today will show Nuclear Nonproliferation Treaty, NPT, and its ‘‘during this crucial period of intense diplomacy Iran, and the global community, that the agreements which it signed with the Inter- United States will not stand idle as Iran at- national Atomic Energy Agency, IAEA. to impose significant international pressure on tempts to amass a nuclear arsenal. I share my colleague’s conviction to stop an Iran’’ it was concerned that such legislation, Madam Speaker, the threat is real and the Iranian regime headed by Ahmadinejad from ‘‘in its current form, might weaken rather than time to act is now. I strongly urge passage. getting nuclear weapons. However, I think we strengthen international unity and support for’’ Mr. MCMAHON. Madam Speaker, the Iran should do so without crippling the Iranian peo- these efforts. Refined Petroleum Sanctions Act of 2009, an ple (as is noted in this legislation towards In this letter, the Administration appealed for historic, bipartisan piece of legislation, smartly whom the people of the United States have a delay of that bill in order not to undermine targets investment in Iran’s hydrocarbon sec- feelings of friendship and hold in the highest ‘‘its diplomacy at this critical juncture.’’ tor. esteem) or crippling efforts to raise a unified Outside of the oil and natural gas industry, and international response to Iran’s continuing Israeli officials have also made clear that Iran has practically no economy and any inter- noncompliance. broad-based international efforts, including for national company that chooses to invest and While we all recognize that the intention of sanctions, are better than the unilateral ap- assist Iran in importing or producing refined this act is not to punish the Iranian people, it proach before us today. Very recently, Israeli petroleum, enables Iran to buy time as it mas- does not escape me that the impact of these Defense Minister Ehud Barak noted that ters the nuclear cycle. This perilous cat and sanctions will result in more suffering for them ‘‘There is a need for tough sanctions . . . mouse game, ultimately endangers the secu- nonetheless. Upon introducing this bill in April, Something that is well and coherently coordi- rity of the U.S. Israel and the global commu- the Chairman of the Foreign Affairs Committee nated to include the Americans, the EU, the nity. noted his belief ‘‘that this measure could have Chinese, the Russians, the Indians.’’ For those who question the effectiveness of a powerfully negative impact on the Iranian I also share the concerns that some have stricter sanctions, I would point out the fact economy.’’ For sanctions to be truly crippling that the legislation before the House today will that already, due to U.S. pressure, at least 40 to Iran, they have to ‘‘cripple’’ the people first. ‘‘disempower’’—not empower—the President banks, including Deutsche Bank, UBS, Credit At a time when the Iranian people have cou- to bring this multination coalition together by Suisse, and Commerzbank AK, have reduced rageously challenged the mullahs and the rul- taking away or limiting his flexibility to use business with Iran. ers in Iran by taking to the streets after the sanctions as necessary to assist diplomatic ef- Yet, despite increased pressure from the elections and recently again this month, there forts. That’s a very curious definition of ‘‘em- international community and 5 UN Security is concern that this unilateral approach may powerment.’’ Council Resolutions, Iran still refuses to sus- end up benefitting, not hindering, the regime pend its enrichment program and has pledged and sowing the anger of the Iranian people at It’s as curious as saying that it is in the U.S. to build even more enrichment facilities. the U.S., not the Iranian government. national security interest and helps diplomacy For this reason, H.R. 2194 is a necessary Unilateral sanctions can have unintended to make it harder for the President—any Presi- instrument in the tool box of international di- consequences. In a recent Dear Colleague, it dent—to use and waive sanctions when he

VerDate Nov 24 2008 05:01 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00063 Fmt 7634 Sfmt 9920 E:\CR\FM\A15DE7.060 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14942 CONGRESSIONAL RECORD — HOUSE December 15, 2009 thinks the timing best serves our efforts to put Iran. We have reached out. We have offered CAPPS) that the House suspend the pressure on Iran. the opportunity to engage in meaningful, seri- rules and agree to the resolution, H. The President’s flexibility to conduct foreign ous discussions with our Iranian counterparts Res. 971. relations and diplomatic efforts to achieve a . . . The second track of our dual-track strat- The vote was taken by electronic de- strong international consensus against Iran is egy is to bring the international community to- vice, and there were—yeas 426, nays 0, not a loophole that needs to be closed but a gether to stand in a united front against the not voting 8, as follows: vital tool that needs to be supported. I am Iranians.’’ [Roll No. 974] concerned that this bill as written would keep I hope that as this legislation moves forward our allies from working with us to address the in the legislative process, further changes will YEAS—426 threat from Iran. be made to strengthen this bill in a way that Abercrombie Courtney Hodes Earlier this year, Nicholas Burns, who will truly enhance, and not hobble, strong dip- Ackerman Crenshaw Hoekstra Aderholt Crowley Holden served under the Administrations of George lomatic efforts to diplomatically engage with Adler (NJ) Cuellar Holt H.W. Bush, Bill Clinton, and as George W. Iran as well as to enact multilateral sanctions. Akin Culberson Honda Bush’s top State Department negotiator in ef- Mr. BERMAN. I yield back the bal- Alexander Cummings Hoyer forts to thwart Iran’s nuclear program, testified Altmire Dahlkemper Hunter ance of my time. Andrews Davis (AL) Inglis in dealing with Iran, ‘‘My main recommenda- The SPEAKER pro tempore. The Arcuri Davis (CA) Inslee tion for this committee and the Congress, question is on the motion offered by Austria Davis (IL) Israel however, is to permit the President maximum the gentleman from California (Mr. Baca Davis (KY) Issa Bachmann Davis (TN) Jackson (IL) flexibility and maneuverability as he deals with BERMAN) that the House suspend the Bachus DeFazio Jackson-Lee an extraordinarily difficult and complex situa- rules and pass the bill, H.R. 2194, as Baird DeGette (TX) tion in Iran and in discussions with the inter- amended. Baldwin Delahunt Jenkins national group of countries considering sanc- Barrow DeLauro Johnson (GA) The question was taken. Bartlett Dent Johnson (IL) tions. It would be unwise to tie the President’s The SPEAKER pro tempore. In the Barton (TX) Diaz-Balart, L. Johnson, E. B. hands in legislation when it is impossible to opinion of the Chair, two-thirds being Bean Diaz-Balart, M. Johnson, Sam know how the situation will develop in the in the affirmative, the ayes have it. Becerra Dicks Jones Berkley Dingell Jordan (OH) coming months.’’ Mr. BERMAN. Madam Speaker, I ob- Berman Doggett Kagen An action taken against Iran—including ject to the vote on the ground that a Berry Donnelly (IN) Kanjorski sanctions—should have the broadest possible quorum is not present and make the Biggert Doyle Kaptur support in the international community. Ac- Bilbray Dreier Kennedy point of order that a quorum is not Bilirakis Driehaus Kildee cording to the Administration, ‘‘with wide inter- present. Bishop (GA) Duncan Kilpatrick (MI) national support, sanctions regimes can be The SPEAKER pro tempore. Pursu- Bishop (NY) Edwards (MD) Kilroy enforced, pressure can be sustained, and ant to clause 8 of rule XX and the Blackburn Edwards (TX) Kind Blumenauer Ehlers King (IA) Iran’s leaders are less able to shift the blame Chair’s prior announcement, further Blunt Ellison King (NY) from themselves to the U.S. for the pains proceedings on this motion will be Boccieri Ellsworth Kingston caused by their behavior.’’ Even the Senate postponed. Boehner Emerson Kirk version of this same legislation recognizes the Bonner Engel Kirkpatrick (AZ) The point of no quorum is considered Bono Mack Eshoo Kissell limits of more U.S. only sanctions. In section withdrawn. Boozman Etheridge Klein (FL) 111 of S. 2799, it is noted that ‘‘in general, Boren Fallin Kline (MN) f multilateral sanctions are more effective than Boswell Farr Kosmas HOUR OF MEETING ON TOMORROW Boucher Fattah Kratovil unilateral sanctions at achieving desired re- Boustany Filner Kucinich sults from countries such as Iran.’’ Mr. BERMAN. Madam Speaker, pur- Boyd Flake Lamborn International pressure for Iran to act or to suant to clause 4 of rule XVI, I move Brady (PA) Fleming Lance face more forceful international action is build- Brady (TX) Forbes Langevin that when the House adjourns today, it Braley (IA) Fortenberry Larsen (WA) ing, as evidenced by the recent IAEA vote adjourn to meet at 9 a.m. tomorrow. Bright Foster Larson (CT) condemning Iran for its Qom enrichment facili- The motion was agreed to. Broun (GA) Foxx Latham ties. Brown (SC) Frank (MA) LaTourette All five veto-wielding members of the Secu- f Brown, Corrine Franks (AZ) Latta Brown-Waite, Frelinghuysen Lee (CA) rity Council (China and Russia included) voted ANNOUNCEMENT BY THE SPEAKER Ginny Fudge Lee (NY) for that measure, which opens up the potential PRO TEMPORE Buchanan Gallegly Levin for another round of Security Council sanc- Burgess Garamendi Lewis (CA) tions. The SPEAKER pro tempore. Pursu- Burton (IN) Garrett (NJ) Lewis (GA) ant to clause 8 of rule XX, proceedings Butterfield Gerlach Linder The progress in uniting the Security Council Buyer Giffords Lipinski is attributable to President Obama’s invest- will resume on motions to suspend the Calvert Gingrey (GA) LoBiondo ment in diplomacy. If Congress moves forward rules previously postponed. Camp Gohmert Loebsack with sanctions that target our allies, that unity Votes will be taken in the following Campbell Gonzalez Lofgren, Zoe order: Cantor Goodlatte Lowey may very well collapse. Cao Gordon (TN) Lucas Sanctions have a place. I am a cosponsor H. Res. 971, by the yeas and nays; Capito Granger Luetkemeyer of H.R. 1327, the Iran Enabling Sanctions Act H.R. 2194, de novo; Capps Graves Luja´ n H. Res. 150, de novo; Capuano Grayson Lummis of 2009, which passed the House with my Cardoza Green, Al Lungren, Daniel support by a vote of 414–6 on October 29th. S. 1472, de novo. Carnahan Green, Gene E. There are even provisions of this legislation The first electronic vote will be con- Carney Griffith Lynch which are worthwhile and which I have sup- ducted as a 15-minute vote. Remaining Carson (IN) Grijalva Mack electronic votes will be conducted as 5- Carter Guthrie Maffei ported in the past as stand-alone legislation Cassidy Gutierrez Maloney (H.R. 957 in the 110th Congress) that make minute votes. Castle Hall (NY) Manzullo clear that current U.S. sanctions can be used f Castor (FL) Hall (TX) Marchant Chaffetz Halvorson Markey (CO) against financial institutions, insurers, under- BREAST CANCER SCREENING Chandler Hare Markey (MA) writers, guarantors, and any other business or- Childers Harman Marshall GUIDELINES ganizations, including foreign subsidiaries, that Chu Harper Massa The SPEAKER pro tempore. The un- Clarke Hastings (FL) Matheson aid investment in Iran’s energy sector. Cleaver Hastings (WA) Matsui However, the less united the international finished business is the vote on the mo- Clyburn Heinrich McCarthy (CA) community is in applying pressure against tion to suspend the rules and agree to Coble Heller McCarthy (NY) Iran, the greater the risk our measures will not the resolution, H. Res. 971, on which Coffman (CO) Hensarling McCaul Cohen Herger McClintock have the impact we seek. And given the grav- the yeas and nays were ordered. Cole Herseth Sandlin McCollum ity of the stakes at risk here, that would be The Clerk read the title of the resolu- Conaway Higgins McCotter truly regrettable. tion. Connolly (VA) Hill McDermott As noted by Secretary of State Clinton just The SPEAKER pro tempore. The Conyers Himes McGovern Cooper Hinchey McHenry yesterday, ‘‘we have pursued, under President question is on the motion offered by Costa Hinojosa McIntyre Obama’s direction, a dual-track approach to the gentlewoman from California (Mrs. Costello Hirono McKeon

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McMahon Price (GA) Smith (NJ) RECORDED VOTE McGovern Pomeroy Smith (NE) McMorris Price (NC) Smith (TX) McHenry Posey Smith (NJ) Rodgers Putnam Smith (WA) Mr. BERMAN. Madam Speaker, I de- McIntyre Price (GA) Smith (TX) McNerney Quigley Snyder mand a recorded vote. McKeon Price (NC) Smith (WA) Meek (FL) Rahall Souder A recorded vote was ordered. McMahon Putnam Snyder Meeks (NY) Rangel Space McMorris Quigley The SPEAKER pro tempore. This Souder Melancon Rehberg Speier Rodgers Rahall Space Mica Reichert Spratt will be a 5-minute vote. McNerney Rangel Speier Michaud Reyes Stark The vote was taken by electronic de- Meek (FL) Rehberg Spratt Miller (FL) Richardson Stearns Meeks (NY) Reichert Stearns Miller (MI) Rodriguez Stupak vice, and there were—ayes 412, noes 12, Melancon Reyes Stupak Miller (NC) Roe (TN) Sullivan answered ‘‘present’’ 4, not voting 6, as Mica Richardson Sullivan Miller, Gary Rogers (AL) Sutton Michaud Rodriguez follows: Sutton Miller, George Rogers (KY) Tanner Miller (FL) Roe (TN) Tanner Minnick Rogers (MI) Taylor [Roll No. 975] Miller (MI) Rogers (AL) Taylor Mitchell Rohrabacher Teague AYES—412 Miller (NC) Rogers (KY) Mollohan Rooney Terry Miller, Gary Rogers (MI) Teague Moore (KS) Ros-Lehtinen Thompson (CA) Abercrombie Cooper Higgins Miller, George Rohrabacher Terry Moore (WI) Roskam Thompson (MS) Ackerman Costa Hill Minnick Rooney Thompson (CA) Moran (KS) Ross Thompson (PA) Aderholt Costello Himes Mitchell Ros-Lehtinen Thompson (MS) Moran (VA) Rothman (NJ) Thornberry Adler (NJ) Courtney Hinojosa Mollohan Roskam Thompson (PA) Murphy (CT) Roybal-Allard Tiahrt Akin Crenshaw Hirono Moore (KS) Ross Thornberry Murphy (NY) Royce Tiberi Alexander Crowley Hodes Moran (KS) Rothman (NJ) Tiahrt Murphy, Patrick Ruppersberger Tierney Altmire Cuellar Hoekstra Moran (VA) Roybal-Allard Tiberi Murphy, Tim Rush Titus Andrews Culberson Holden Murphy (CT) Royce Tierney Myrick Ryan (OH) Tonko Arcuri Cummings Holt Murphy (NY) Ruppersberger Titus Nadler (NY) Ryan (WI) Towns Austria Dahlkemper Honda Murphy, Patrick Rush Tonko Napolitano Salazar Tsongas Baca Davis (AL) Hoyer Murphy, Tim Ryan (OH) Towns Bachmann Davis (CA) Hunter Neal (MA) Sa´ nchez, Linda Turner Myrick Ryan (WI) Tsongas Bachus Davis (IL) Inglis Neugebauer T. Upton Nadler (NY) Salazar Turner Baird Davis (KY) Inslee Nunes Sarbanes Van Hollen Napolitano Sa´ nchez, Linda Upton Nye Scalise Vela´ zquez Barrow Davis (TN) Israel Neal (MA) T. Bartlett DeFazio Issa Van Hollen Oberstar Schakowsky Visclosky Neugebauer Sarbanes Vela´ zquez Obey Schauer Walden Barton (TX) DeGette Jackson (IL) Nunes Scalise Bean Delahunt Jackson-Lee Visclosky Olson Schiff Walz Nye Schakowsky Walden Olver Schmidt Wamp Becerra DeLauro (TX) Oberstar Schauer Walz Ortiz Schock Wasserman Berkley Dent Jenkins Obey Schiff Wamp Owens Schrader Schultz Berman Diaz-Balart, L. Johnson (GA) Olson Schmidt Wasserman Pallone Schwartz Waters Berry Diaz-Balart, M. Johnson (IL) Olver Schock Schultz Pascrell Scott (GA) Watson Biggert Dicks Johnson, Sam Ortiz Schrader Watson Pastor (AZ) Scott (VA) Watt Bilbray Dingell Jones Owens Schwartz Paul Sensenbrenner Waxman Bilirakis Doggett Jordan (OH) Pallone Scott (GA) Watt Paulsen Serrano Weiner Bishop (GA) Donnelly (IN) Kagen Pascrell Scott (VA) Waxman Payne Sessions Welch Bishop (NY) Doyle Kanjorski Pastor (AZ) Sensenbrenner Weiner Pence Sestak Westmoreland Bishop (UT) Dreier Kaptur Paulsen Serrano Welch Perlmutter Shadegg Wexler Blackburn Driehaus Kennedy Payne Sessions Westmoreland Perriello Shea-Porter Whitfield Blunt Edwards (MD) Kildee Pence Sestak Wexler Peters Sherman Wilson (OH) Boccieri Edwards (TX) Kilroy Perlmutter Shadegg Whitfield Peterson Shimkus Wilson (SC) Boehner Ehlers Kind Perriello Shea-Porter Wilson (OH) Petri Shuler Wittman Bonner Ellison King (IA) Peters Sherman Wilson (SC) Pingree (ME) Shuster Wolf Bono Mack Ellsworth King (NY) Peterson Shimkus Wittman Pitts Simpson Woolsey Boozman Emerson Kingston Petri Shuler Wolf Platts Sires Wu Boren Engel Kirk Pingree (ME) Shuster Woolsey Poe (TX) Skelton Yarmuth Boswell Eshoo Kirkpatrick (AZ) Pitts Simpson Wu Pomeroy Slaughter Young (AK) Boucher Etheridge Kissell Platts Sires Yarmuth Posey Smith (NE) Young (FL) Boustany Fallin Klein (FL) Poe (TX) Skelton Young (AK) Boyd Farr Kline (MN) Polis (CO) Slaughter Young (FL) NOT VOTING—8 Brady (PA) Fattah Kosmas NOES—12 Barrett (SC) Deal (GA) Radanovich Brady (TX) Filner Kratovil Bishop (UT) Murtha Sanchez, Loretta Braley (IA) Fleming Lamborn Baldwin Flake McDermott Clay Polis (CO) Bright Forbes Lance Blumenauer Hinchey Moore (WI) Broun (GA) Fortenberry Langevin Conyers Kucinich Paul b 1700 Brown (SC) Foster Larsen (WA) Duncan Lynch Stark ´ Brown, Corrine Foxx Larson (CT) Ms. LINDA T. SANCHEZ of Cali- Brown-Waite, Frank (MA) Latham ANSWERED ‘‘PRESENT’’—4 fornia changed her vote from ‘‘nay’’ to Ginny Franks (AZ) LaTourette Johnson, E. B. Lee (CA) ‘‘yea.’’ Buchanan Frelinghuysen Latta Kilpatrick (MI) Waters So (two-thirds being in the affirma- Burgess Fudge Lee (NY) Burton (IN) Gallegly Levin NOT VOTING—6 tive) the rules were suspended and the Butterfield Garamendi Lewis (CA) Barrett (SC) Deal (GA) Radanovich resolution was agreed to. Buyer Garrett (NJ) Lewis (GA) Clay Murtha Sanchez, Loretta The result of the vote was announced Calvert Gerlach Linder Camp Giffords Lipinski ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE as above recorded. Campbell Gingrey (GA) LoBiondo A motion to reconsider was laid on The SPEAKER pro tempore (during Cantor Gohmert Loebsack the vote). Members have 2 minutes to the table. Cao Gonzalez Lofgren, Zoe Capito Goodlatte Lowey vote. f Capps Gordon (TN) Lucas b 1708 IRAN REFINED PETROLEUM Capuano Granger Luetkemeyer ´ SANCTIONS ACT OF 2009 Cardoza Graves Lujan Mr. BLUMENAUER changed his vote Carnahan Grayson Lummis from ‘‘aye’’ to ‘‘no.’’ The SPEAKER pro tempore. The un- Carney Green, Al Lungren, Daniel Carson (IN) Green, Gene E. So (two-thirds being in the affirma- finished business is the question on Carter Griffith Mack tive) the rules were suspended and the suspending the rules and passing the Cassidy Grijalva Maffei bill, as amended, was passed. bill, H.R. 2194, as amended. Castle Guthrie Maloney The result of the vote was announced The Clerk read the title of the bill. Castor (FL) Gutierrez Manzullo Chaffetz Hall (NY) Marchant as above recorded. The SPEAKER pro tempore. The Chandler Hall (TX) Markey (CO) A motion to reconsider was laid on question is on the motion offered by Childers Halvorson Markey (MA) the table. the gentleman from California (Mr. Chu Hare Marshall f BERMAN) that the House suspend the Clarke Harman Massa Cleaver Harper Matheson RECOGNIZING PHILIP RANDOLPH rules and pass the bill, H.R. 2194, as Clyburn Hastings (FL) Matsui amended. Coble Hastings (WA) McCarthy (CA) FOR HIS LIFELONG LEADERSHIP The question was taken. Coffman (CO) Heinrich McCarthy (NY) AND WORK TO END DISCRIMINA- The SPEAKER pro tempore. In the Cohen Heller McCaul TION Cole Hensarling McClintock opinion of the Chair, two-thirds being Conaway Herger McCollum The SPEAKER pro tempore. The unin the affirmative, the ayes have it. Connolly (VA) Herseth Sandlin McCotter finished business is the question on

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.064 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14944 CONGRESSIONAL RECORD — HOUSE December 15, 2009 suspending the rules and agreeing to Langevin Murphy, Tim Sensenbrenner So (two-thirds being in the affirma- the resolution, H. Res. 150. Larsen (WA) Myrick Serrano tive) the rules were suspended and the Larson (CT) Nadler (NY) Sessions The Clerk read the title of the resolu- Latham Napolitano Sestak resolution was agreed to. tion. LaTourette Neal (MA) Shea-Porter The result of the vote was announced The SPEAKER pro tempore. The Latta Nunes Sherman as above recorded. Lee (CA) Nye Shimkus question is on the motion offered by Lee (NY) Oberstar Shuler A motion to reconsider was laid on the gentleman from Michigan (Mr. Levin Obey Shuster the table. CONYERS) that the House suspend the Lewis (CA) Olson Simpson Stated for: Lewis (GA) Olver rules and agree to the resolution, H. Sires Mr. TIAHRT. Madam Speaker, on rollcall Linder Ortiz Skelton Res. 150. Lipinski Owens Slaughter No. 976 I was unavoidably detained. Had I The question was taken. LoBiondo Pallone Smith (NE) been present, I would have voted ‘‘aye.’’ The SPEAKER pro tempore. In the Loebsack Pascrell Smith (NJ) Lofgren, Zoe Pastor (AZ) Smith (TX) f opinion of the Chair, two-thirds being Lowey Paul Smith (WA) in the affirmative, the ayes have it. Lucas Paulsen Snyder HUMAN RIGHTS ENFORCEMENT Luetkemeyer Payne Souder ACT OF 2009 RECORDED VOTE Luja´ n Pence Space The SPEAKER pro tempore. The un- Mrs. HALVORSON. Madam Speaker, Lummis Perlmutter Speier I demand a recorded vote. Lungren, Daniel Perriello Stark finished business is the question on E. Peters Stearns suspending the rules and passing the A recorded vote was ordered. Lynch Peterson Stupak bill, S. 1472. The SPEAKER pro tempore. This is a Mack Petri Sullivan Maffei Pingree (ME) 5-minute vote. Sutton The Clerk read the title of the bill. Maloney Platts Tanner The SPEAKER pro tempore. The The vote was taken by electronic de- Manzullo Polis (CO) Taylor Marchant Pomeroy question is on the motion offered by vice, and there were—ayes 395, noes 23, Teague Markey (CO) Posey the gentleman from Michigan (Mr. not voting 16, as follows: Terry Markey (MA) Price (NC) Thompson (CA) CONYERS) that the House suspend the [Roll No. 976] Marshall Putnam Thompson (MS) rules and pass the bill, S. 1472. Massa Quigley AYES—395 Thompson (PA) Matheson Rahall The question was taken. Thornberry Abercrombie Chaffetz Gordon (TN) Matsui Rangel The SPEAKER pro tempore. In the Tiberi Ackerman Chandler Granger McCarthy (NY) Rehberg opinion of the Chair, two-thirds being Adler (NJ) Childers Graves McCaul Reichert Tierney Alexander Chu Grayson McClintock Reyes Titus in the affirmative, the ayes have it. Altmire Clarke Green, Al McCollum Richardson Tonko RECORDED VOTE Andrews Cleaver Green, Gene Towns McCotter Rodriguez Mr. TONKO. Madam Speaker, I de- Arcuri Clyburn Griffith McDermott Roe (TN) Tsongas Austria Coble Grijalva McGovern Rogers (AL) Turner mand a recorded vote. Baca Cohen Guthrie McHenry Rogers (KY) Upton A recorded vote was ordered. Bachmann Cole Gutierrez McIntyre Rogers (MI) Van Hollen The SPEAKER pro tempore. This is a Bachus Connolly (VA) Hall (NY) McKeon Rohrabacher Vela´ zquez Baird Conyers Hall (TX) McMahon Ros-Lehtinen Visclosky 5-minute vote. Baldwin Cooper Halvorson McMorris Roskam Walden The vote was taken by electronic de- Barrow Costa Hare Rodgers Ross Walz vice, and there were—ayes 416, noes 3, Bartlett Costello Harman Wamp McNerney Rothman (NJ) not voting 15, as follows: Barton (TX) Courtney Harper Meek (FL) Roybal-Allard Wasserman Bean Crenshaw Hastings (FL) Meeks (NY) Royce Schultz [Roll No. 977] Becerra Crowley Hastings (WA) Melancon Ruppersberger Waters AYES—416 Berkley Cuellar Heinrich Mica Rush Watson Berman Culberson Heller Michaud Ryan (OH) Watt Ackerman Brown-Waite, Davis (IL) Berry Cummings Herger Miller (MI) Ryan (WI) Waxman Aderholt Ginny Davis (KY) Biggert Dahlkemper Herseth Sandlin Miller (NC) Salazar Weiner Adler (NJ) Buchanan Davis (TN) Bilbray Davis (AL) Higgins Miller, Gary Sa´ nchez, Linda Welch Akin Burgess DeFazio Bilirakis Davis (CA) Hill Miller, George T. Wexler Alexander Burton (IN) DeGette Bishop (GA) Davis (IL) Himes Minnick Sarbanes Whitfield Altmire Butterfield Delahunt Bishop (NY) Davis (KY) Hinchey Mitchell Schakowsky Wilson (OH) Andrews Buyer DeLauro Bishop (UT) Davis (TN) Hinojosa Mollohan Schauer Wilson (SC) Arcuri Calvert Dent Blackburn DeFazio Hirono Moore (KS) Schiff Wittman Austria Camp Dicks Blumenauer DeGette Hodes Moore (WI) Schmidt Wolf Baca Campbell Dingell Blunt Delahunt Hoekstra Moran (KS) Schock Woolsey Bachmann Cantor Doggett Boccieri DeLauro Holden Moran (VA) Schrader Wu Bachus Cao Donnelly (IN) Boehner Dent Holt Murphy (CT) Schwartz Yarmuth Baird Capps Doyle Bonner Dicks Honda Murphy (NY) Scott (GA) Young (AK) Baldwin Capuano Dreier Bono Mack Dingell Hoyer Murphy, Patrick Scott (VA) Young (FL) Barrow Cardoza Driehaus Boozman Doggett Hunter Bartlett Carnahan Duncan Boren Donnelly (IN) Inglis NOES—23 Barton (TX) Carney Edwards (MD) Boswell Doyle Inslee Aderholt Franks (AZ) Miller (FL) Bean Carson (IN) Edwards (TX) Boucher Dreier Israel Becerra Carter Ehlers Akin Garrett (NJ) Neugebauer Boustany Driehaus Issa Berkley Cassidy Ellison Broun (GA) Gingrey (GA) Poe (TX) Boyd Duncan Jackson (IL) Burton (IN) Hensarling Berman Castle Ellsworth Brady (PA) Edwards (MD) Jackson-Lee Rooney Berry Castor (FL) Emerson Campbell Jordan (OH) Scalise Brady (TX) Edwards (TX) (TX) Coffman (CO) Kingston Biggert Chaffetz Engel Braley (IA) Ehlers Jenkins Shadegg Bilbray Chandler Eshoo Conaway Lamborn Westmoreland Bright Ellison Johnson (GA) Fleming McCarthy (CA) Bilirakis Childers Etheridge Brown (SC) Ellsworth Johnson (IL) Bishop (GA) Chu Fallin Brown, Corrine Emerson Johnson, E. B. NOT VOTING—16 Bishop (NY) Clarke Farr Brown-Waite, Engel Johnson, Sam Bishop (UT) Cleaver Fattah Barrett (SC) Forbes Radanovich Ginny Eshoo Jones Blackburn Clyburn Filner Burgess Gohmert Buchanan Etheridge Kagen Sanchez, Loretta Blumenauer Coble Flake Clay King (IA) Butterfield Fallin Kanjorski Spratt Blunt Coffman (CO) Fleming Deal (GA) Murtha Buyer Farr Kaptur Tiahrt Boccieri Cohen Forbes Diaz-Balart, L. Pitts Calvert Fattah Kennedy Boehner Cole Fortenberry Diaz-Balart, M. Price (GA) Camp Filner Kildee Bonner Conaway Foster Cantor Flake Kilpatrick (MI) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Bono Mack Connolly (VA) Foxx Cao Fortenberry Kilroy Boozman Conyers Franks (AZ) Capito Foster Kind The SPEAKER pro tempore (during Boren Cooper Frelinghuysen Capps Foxx King (NY) the vote). There are 2 minutes remain- Boswell Costa Fudge Capuano Frank (MA) Kirk ing on this vote. Boucher Costello Gallegly Cardoza Frelinghuysen Kirkpatrick (AZ) Boustany Courtney Garamendi Carnahan Fudge Kissell b 1717 Boyd Crenshaw Garrett (NJ) Carney Gallegly Klein (FL) Brady (PA) Crowley Gerlach Carson (IN) Garamendi Kline (MN) Messrs. MCCARTHY of California, Brady (TX) Cuellar Giffords Carter Gerlach Kosmas LAMBORN, COFFMAN of Colorado and Braley (IA) Culberson Gingrey (GA) Cassidy Giffords Kratovil Bright Cummings Gohmert Castle Gonzalez Kucinich ROONEY changed their vote from Brown (SC) Dahlkemper Gonzalez Castor (FL) Goodlatte Lance ‘‘aye’’ to ‘‘no.’’ Brown, Corrine Davis (AL) Goodlatte

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.130 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14945 Gordon (TN) Mack Rooney NOT VOTING—15 who want to restrict antibiotic use in Granger Maffei Ros-Lehtinen Abercrombie Deal (GA) Murtha animal agriculture. They overlook the Graves Maloney Roskam Barrett (SC) Diaz-Balart, L. Radanovich Grayson Manzullo Ross good these drugs do to improve both Capito Diaz-Balart, M. Sanchez, Loretta Green, Al Marchant Rothman (NJ) Clay Frank (MA) Spratt animal and human health. If animal Green, Gene Markey (CO) Roybal-Allard Davis (CA) King (IA) Titus antibiotics are restricted to only treat- Griffith Markey (MA) Royce ment of already sick animals, animal Grijalva Marshall Ruppersberger ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Guthrie Massa Rush disease and death can be expected to The SPEAKER pro tempore (during increase, while decreasing the abun- Gutierrez Matheson Ryan (OH) the vote). Members now have 2 minutes Hall (NY) Matsui Ryan (WI) dance and safety of our food supply. Hall (TX) McCarthy (CA) Salazar remaining on the clock. When Denmark banned antibiotics Halvorson McCarthy (NY) Sa´ nchez, Linda b 1725 for growth promotion in pigs, animal Hare McCaul T. Harman McClintock Sarbanes So (two-thirds being in the affirma- deaths and disease rose, requiring the Harper McCollum Scalise tive) the rules were suspended and the use of more drugs for therapeutic pur- Hastings (FL) McCotter Schakowsky bill was passed. poses. Meanwhile, there was no im- Hastings (WA) McDermott Schauer provement in human health. Heinrich McGovern The result of the vote was announced Schiff Potential increases in the occurrence Heller McHenry Schmidt as above recorded. of food-borne illnesses in the absence of Hensarling McIntyre Schock A motion to reconsider was laid on Herger McKeon animal antibiotics are another con- Schrader the table. Herseth Sandlin McMahon Schwartz cern. An Ohio State University study Higgins McMorris Scott (GA) f Hill Rodgers found that pigs raised outdoors with- Scott (VA) out antibiotics had more exposure to Himes McNerney Sensenbrenner PRIVILEGED REPORT ON RESOLU- Hinchey Meek (FL) Serrano TION OF INQUIRY TO THE AT- food-borne pathogens than those raised Hinojosa Meeks (NY) Sessions TORNEY GENERAL in confinement. Hirono Melancon Sestak Use of animal antibiotics should be Hodes Mica Mr. CONYERS, from the Committee Shadegg determined by a scientific, risk-benefit Hoekstra Michaud on the Judiciary, submitted an adverse Shea-Porter analysis, not an arbitrary ban devised Holden Miller (FL) Sherman privileged report (Rept. No. 111–378) on Miller (MI) Holt Shimkus by politicians. Miller (NC) the resolution (H. Res. 920) directing Honda Shuler Hoyer Miller, Gary f Shuster the Attorney General to transmit to Hunter Miller, George Simpson the House of Representatives all infor- b 1730 Inglis Minnick Sires mation in the Attorney General’s pos- Inslee Mitchell Skelton REMOVAL OF NAME OF MEMBER Israel Mollohan session regarding certain matters per- Slaughter AS COSPONSOR OF H. RES. 648 Issa Moore (KS) Smith (NE) taining to detainees held at Naval Sta- Jackson (IL) Moore (WI) Mr. DOGGETT. Madam Speaker, I Smith (NJ) tion, Guantanamo Bay, Cuba who are Jackson-Lee Moran (KS) Smith (TX) transferred into the United States, ask unanimous consent to remove my (TX) Moran (VA) Smith (WA) name as a cosponsor from H. Res. 648. Jenkins Murphy (CT) which was referred to the House Cal- Snyder The SPEAKER pro tempore. Is there Johnson (GA) Murphy (NY) Souder endar and ordered to be printed. Johnson (IL) Murphy, Patrick objection to the request of the gen- Space f Johnson, E. B. Murphy, Tim tleman from Texas? Speier Johnson, Sam Myrick Stark 787 DREAMLINER’S FIRST There was no objection. Jones Nadler (NY) Stearns SUCCESSFUL FLIGHT f Jordan (OH) Napolitano Stupak Kagen Neal (MA) Sullivan (Mr. DICKS asked and was given per- IMMIGRATION REFORM Kanjorski Neugebauer Sutton mission to address the House for 1 Kaptur Nunes (Mr. POLIS asked and was given per- Tanner Kennedy Nye minute.) Taylor mission to address the House for 1 Kildee Oberstar Mr. DICKS. I want to inform my col- Teague minute and to revise and extend his re- Kilpatrick (MI) Obey Terry leagues today that out in the great marks.) Kilroy Olson Thompson (CA) State of Washington, in RICK LARSEN’s Kind Olver Mr. POLIS. Madam Speaker, our con- Thompson (MS) King (NY) Ortiz district, today the first 787 Dreamliner stituents across the ideological spec- Thompson (PA) Kingston Owens did its first successful flight. Thornberry trum have told us that our immigra- Kirk Pallone Tiahrt This is one of the great airplanes tion system is broken and it is our re- Kirkpatrick (AZ) Pascrell Tiberi built in the United States by the Boe- Kissell Pastor (AZ) sponsibility to fix it. Well, we in the Klein (FL) Paulsen Tierney ing Company. I want you to know it United States Congress have taken the Kline (MN) Payne Tonko was built without any launch aid. Not first step today with the introduction Kosmas Pence Towns Tsongas like the A330 that received $5.7 billion of a comprehensive immigration re- Kratovil Perlmutter in launch aid, this plane was built the Kucinich Perriello Turner form bill. Lamborn Peters Upton old-fashioned way: Boeing put the This bill would strengthen American Lance Peterson Van Hollen money in the pot and built the plane, families. This bill would stop the un- Langevin Petri Vela´ zquez Visclosky and it flew today. dermining of our laws by the presence Larsen (WA) Pingree (ME) As we get into the discussion on Larson (CT) Pitts Walden of 12 million undocumented immi- Latham Platts Walz tankers later this year, I just want to grants. This law will protect our bor- LaTourette Poe (TX) Wamp remind everybody that the A330 re- ders. Immigration reform is good for Latta Polis (CO) Wasserman ceived $5.7 billion in subsidy. I think Lee (CA) Pomeroy Schultz business and good for workers. Lee (NY) Posey Waters it’s wrong. I think we need to go back Our constituents have made their Levin Price (GA) Watson to the World Trade Organization and opinions clear. They are tired of the Lewis (CA) Price (NC) Watt make sure that they follow through lack of action in Washington, D.C. Lewis (GA) Putnam Waxman and make sure that the Europeans stop I encourage my colleagues to join me Linder Quigley Weiner Lipinski Rahall Welch subsidizing all these Airbus aircraft. in cosponsoring comprehensive immi- LoBiondo Rangel Westmoreland Boeing is a great company in the Pa- gration reform to help make America Loebsack Rehberg Wexler cific Northwest. I’m proud of the 787. stronger and maintain the integrity of Lofgren, Zoe Reichert Whitfield There are over 900 orders. And it’s a our laws and our Constitution within Lowey Reyes Wilson (OH) Lucas Richardson Wilson (SC) great airplane. our borders. Luetkemeyer Rodriguez Wittman f f Luja´ n Roe (TN) Wolf Lummis Rogers (AL) Woolsey ANIMAL ANTIBIOTICS READY MIXED CONCRETE COM- Lungren, Daniel Rogers (KY) Wu (Mr. MORAN of Kansas asked and PANY DEMONSTRATES ENVIRON- E. Rogers (MI) Yarmuth MENTAL EXCELLENCE Lynch Rohrabacher Young (FL) was given permission to address the House for 1 minute.) (Ms. FOXX asked and was given per- NOES—3 Mr. MORAN of Kansas. Madam mission to address the House for 1 Broun (GA) Paul Young (AK) Speaker, there are those in Congress minute.)

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.063 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14946 CONGRESSIONAL RECORD — HOUSE December 15, 2009 Ms. FOXX. Madam Speaker, I rise tional. By issuing the ruling last week, tisan efforts by myself and Congress- today to recognize the Ready Mixed the EPA is attempting to gloss over man CHRIS LEE have worked across the Concrete Company of Statesville, the inconvenient truth of thousands of aisle to make research and develop- North Carolina, for its commitment to emails by climate researchers reveal- ment tax credits to companies perma- preserving our natural resources and ing ways they manipulated or hid evi- nent so that they can manufacture and the environment. dence that disproves their theories of produce and research their products The Ready Mixed Cement Company climate change. Furthermore, the rul- right here in the United States. of Statesville, along with the Ready ing is an attempt to avoid the fact that Our legislation creates American jobs Mixed Facility in Taylorsville, North the American people are opposed to and helps companies innovate by giv- Carolina, recently received the Na- this job-killing cap-and-tax bill that ing them an incentive to research and tional Ready Mixed Concrete Associa- has been stalled in the Senate. Incon- develop right here in the United tion’s Green-Star certification for its veniently, that leaves negotiators in States. This tax credit is an invest- dedication to environmental excel- Copenhagen unable to broker a binding ment in our Nation’s manufacturers. lence. agreement. By making research and development This accomplishment demonstrates The EPA is destroying the demo- tax credits permanent, our bill takes how hard this company has worked to cratic process and rushing in to legis- critical steps to make the U.S. more adapt its business practices to today’s late where Congress refuses to tread. competitive because our credit will be rapidly changing culture of sustainable Will the American people support the comparable to those offered by other business. administration’s latest effort to regu- countries. These efforts will not only protect late even more private companies out We will recover, and we will be the environment, but will also make of business? I wouldn’t hold my breath. judged by action or inaction. We will the Ready Mixed Concrete Company of f recover from this recession by invest- Statesville a better competitor and ments into our manufacturing base in employer. That means more good jobs RECOGNIZING THE OUTSTANDING this great country. for the people of North Carolina, which CAREER OF JERRY HAYES f is what we need most during these dif- (Mr. GRIFFITH asked and was given ficult economic times. permission to address the House for 1 SPECIAL ORDERS f minute.) The SPEAKER pro tempore. Under HUMANITARIAN SITUATION IN Mr. GRIFFITH. Madam Speaker, I the Speaker’s announced policy of Jan- CAMP ASHRAF rise today to recognize the outstanding uary 6, 2009, and under a previous order career of Jerry Hayes of Huntsville, of the House, the following Members (Ms. ROS-LEHTINEN asked and was will be recognized for 5 minutes each. given permission to address the House Alabama. In the Tennessee Valley, Jerry’s dec- for 1 minute and to revise and extend f her remarks.) ades of responsible journalism have The SPEAKER pro tempore. Under a Ms. ROS-LEHTINEN. Madam Speak- earned him the respect and trust of previous order of the House, the gen- er, I rise to address what could develop hundreds of thousands of people. His 30 tleman from North Carolina (Mr. into a humanitarian catastrophe in years at WHNT News 19 in north Ala- JONES) is recognized for 5 minutes. Iraq. Residents of Camp Ashraf, oppo- bama have brought inspiration and (Mr. JONES addressed the House. His nents of the Iranian regime who found guidance to an untold number of aspir- remarks will appear hereafter in the a home in Iraq, appear to have been ing journalists looking to begin their Extensions of Remarks.) abandoned by the United States and careers. f When he is not in the studio or at the other nations as they are subjected to THE PHONE ACT unlawful seizure and detainment by scene of a story, Jerry is bettering the The SPEAKER pro tempore. Under a Iraqi forces. community around him. His work for The Iraqi government must be called Tennessee Valley children is near to previous order of the House, the gen- upon to respect the human rights of my heart, and north Alabama parents tleman from Pennsylvania (Mr. TIM Ashraf residents and to honor its writ- owe him a debt of gratitude that is al- MURPHY) is recognized for 5 minutes. ten commitment that it will treat all most impossible to repay. Mr. TIM MURPHY of Pennsylvania. Ashraf residents humanely. The U.S. Each year, the National Academy of Madam Speaker, I rise to speak about Government must ensure that the new Television Arts and Sciences recog- H.R. 1110, the PHONE Act, which democracy that we have helped prop up nizes individuals who have made a stands for Preventing Harassment in Iraq does not forcibly return Ashraf meaningful contribution to broad- through Outbound Number Enforce- residents to Iran, where they will face casting by inducting them into the Sil- ment. It will be voted on tomorrow. certain persecution, torture, and pos- ver Circle. Jerry epitomizes the type of This bill addresses the growing and se- sibly even death. They must not be re- excellence that the academy looks for, rious problems of caller ID fraud that located to any country where they will and I congratulate him on this achieve- allows the caller to hide their true be persecuted based upon their beliefs. ment. identity to obtain personal information On a day when we have demonstrated Madam Speaker, I would like to for use in identity theft and scams. here on the floor our support for the thank Mr. Jerry Hayes for his 30 years Answering your phone is like answer- people and pro-democracy forces inside of service to north Alabama. Our coming your door, you’re letting someone of Iran, let us not forget those in Camp munity would not be the same without into your home and you need to know Ashraf, Iraq. his dedication to the families of the that whoever that person says they are Tennessee Valley. is true. Caller ID was originally de- f f signed to give you that information so EPA IS DESTROYING THE you could decide to answer your phone DEMOCRATIC PROCESS MAKING RESEARCH AND DEVEL- and have the confidence that you were OPMENT TAX CREDIT PERMA- (Mr. TIAHRT asked and was given not taking a call that is unwanted, un- NENT permission to address the House for 1 safe, or unknown. That is why I worked minute.) (Mr. BOCCIERI asked and was given across the aisle with Representative Mr. TIAHRT. Madam Speaker, ear- permission to address the House for 1 BOBBY SCOTT in introducing H.R. 1110, lier last week, the EPA announced that minute and to revise and extend his re- which was first introduced in the 109th carbon dioxide is a health hazard and a marks.) Congress. Representative SCOTT took pollutant that should be regulated Mr. BOCCIERI. Madam Speaker, we the lead in the 110th Congress, and now under the Clean Air Act. That means will be judged by two measures in the we are again working together in the that you and I are polluting simply by United States Congress: action or inac- 111th Congress to pass this very impor- breathing. tion. I stand here before you today to tant bill. I thank Representative SCOTT Make no mistake about it, the tim- tell you that we will recover from this for his leadership and teamwork in ing of this announcement was inten- economic recession. That is why bipar- passing this public safety bill.

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.137 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14947 The legislation is aimed at pre- ing. The woman, thinking she was an end so that we could bring our venting and prohibiting caller ID spoof- under doctor’s orders, took the medica- troops home? ing. Spoofing is made available with tion and the baby was delivered 2 In no way do I believe that we should Internet services that will provide false months premature. Police were able to abandon Afghanistan or its people. numbers and even disguise your voice track down the woman when she tried They have been through far too much so you can easily fool the person on the to deliver a poisonous mixture to the trauma over the last several decades. other end of the phone. Criminals coax hospital disguised as milk, allegedly Nor do I believe that we should aban- victims into giving up sensitive per- intending to kill the baby. The police don our fight against the people who sonal information by making it appear arrested the woman, avoiding a dev- murdered thousands of Americans on that a call is coming from a legitimate astating, tragic, and potentially fatal September 11, 2001. institution, such as a bank, doctor’s of- outcome that originated by using call- Indeed, I am concerned that by com- fice, government office, or even a fam- er ID fraud. This could have been mitting over 100,000 American troops to ily member. avoided if the caller had not used a nation building in Afghanistan, we will Misleading caller ID information also fraudulent caller ID or if the police be less able to target those who at- allows the spoofer to cause a victim to could have tracked down the perpe- tacked us, and that is al Qaeda, be- accept a call they would otherwise trator sooner. cause al Qaeda no longer has a large avoid, leading to harassment. Even This bill will make the act of caller presence in Afghanistan. Our top gen- more serious potential dangers exist. A ID fraud a felony, and criminals could erals say that maybe there are 100 or pedophile could stalk a child by steal- see fines of up to $250,000 and jail time less al Qaeda still in Afghanistan. They ing a school phone number or the up to 5 years if convicted of using call- have moved to Pakistan. phone number of a friend or child. A er ID fraud in perpetrating another I do not believe that the best, most sexual predator could use a doctor’s of- crime. effective way to fight al Qaeda is to in- fice phone number to call their victim. I urge all my colleagues to pass this crease our military footprint in Af- The problems with caller ID spoofing PHONE Act, H.R. 1110, because crimi- ghanistan. In Afghanistan we need a are very real. Let me give you a few ex- nals must know they cannot use this new strategy. amples. technology loophole to escape the law I would urge my colleagues to read a There are cases where criminals and cause further harm to our citizens. recent op ed in The New York Times by using stolen credit card numbers call a f Nicholas Kristof. He points out that for service such as Western Union. They the cost of one U.S. soldier deployed in program the caller ID to appear to AFGHANISTAN Afghanistan, we could build 20 schools originate from the cardholder’s home The SPEAKER pro tempore. Under a in Afghanistan. Let me repeat that. and use the credit card number to previous order of the House, the gen- For the cost of one American soldier in order cash transfers. tleman from Massachusetts (Mr. Afghanistan for a year we could build Seniors have been misled into believ- MCGOVERN) is recognized for 5 minutes. 20 schools in Afghanistan. ing they missed jury duty. It appeared Mr. MCGOVERN. Madam Speaker, I Not only that, it seems that before the local courthouse was calling and rise today with a number of my col- the administration announced this new victims were asked for Social Security leagues to express our continuing con- escalation, they failed to thoroughly numbers to prevent prosecution. The cern about the President’s decision to consult with the elders and the local calls seemed legitimate because the escalate our military effort in Afghani- leaders and others in Afghanistan telephone number of the local court- stan by an additional 30,000 troops. about the best way forward. Madam house showed up on caller ID. Thirty thousand additional Americans Speaker, without local support, with- In another example, a SWAT team put into harm’s way in Afghanistan is out the support of the local leaders surrounded a building after it appeared a big deal, Madam Speaker, and I am who have the respect of the Afghan a call came from within stating that a concerned that the House of Represent- people, nothing we do will work or be woman was being held hostage when, in atives will be adjourning for the year sustainable. fact, the call was coming from another without a real, meaningful, substantive I also continue to be deeply troubled location. The SWAT team showed up debate about this important issue. about the Karzai government. Today expecting to face an armed perpetrator. I happen to believe that increasing President Karzai is scheduled to con- Luckily, no one was hurt in this one our military presence by 30,000 troops vene a three-day conference on corrup- instance, but one can easily imagine will make it 30,000 times harder to ex- tion. At a minimum, this conference is what could have happened if an tricate ourselves from this mess. But supposed to provide a forum where the unsuspecting bystander happened to be whatever my colleagues believe about Afghan government admits publicly at that location; a series of misunder- this decision—support, oppose, or non- that it runs on bribery, graft and cro- standings could have ended up in trag- committal—we owe it to ourselves and nyism which, in turn, fuels the Taliban edy. Unfortunately, this process called to the people that we represent to have insurgency. ‘‘swatting’’ has occurred dozens of a thorough debate about our policy. President Karzai called this con- times. ference—not because he campaigned on And just this month, there have been b 1745 cleaning up this government—but be- two serious cases of caller ID fraud in I would urge this administration to cause of international pressure. He ran the news. In Columbia, Maryland, a submit their supplemental request for a fraudulent election that undermined teenager was arrested for making ter- this escalation sooner rather than international support for the war on rorist phone calls to his former school, later. Congress has a constitutional Afghanistan, and this is an attempt to calling in a bomb scare and telling role to play. We have the power of the show the international community, school officials there was a student on purse and the responsibility to declare and especially the United States, that campus with a gun. The teen used war. We haven’t played that role in any he will somehow clean up his own spoofing to make the phone number ap- meaningful way since 2001. That was house. pear to be coming from Texas. Fortu- the last time that this Chamber had a We will have to wait and see if it’s nately, the police were able to sub- debate on Afghanistan, 2001. more than just more talk, talk, talk. poena the phone records and arrest the In those eight long years hundreds of We will have to see if he is willing to teen. American soldiers have lost their lives, kick out of office the very warlords, In Brooklyn, New York, a woman thousands have been wounded, and we drug lords, family members, and cro- used caller ID fraud to exact revenge have spent hundreds of billions of dol- nies he appointed to high government on her husband and his pregnant lars, and we still do not have a clear positions, and if he does, whether he girlfriend’s newborn baby. She illegally exit strategy. Everyone seems to agree appoints reform-minded Afghans in obtained a prescription that would in- that Afghanistan requires a political their place. duce labor early and called the solution. The question I still have is Again, Madam Speaker, we are about girlfriend, using spoofing, to make it this: When does our military commit- to embark on another huge escalation appear that her obstetrician was call- ment to that political solution come to in a very troubled part of the world.

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.140 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14948 CONGRESSIONAL RECORD — HOUSE December 15, 2009 Congress needs to debate this critical For the cost of deploying one soldier for tions they are studying may be the issue. Our men and women in uniform, one year, it is possible to build about 20 harbinger of another Ice Age. and every other American we rep- schools. If we were to live in 1974, and, you resent, deserve no less. Another program that is enjoying great know, I actually lived in 1974, I read success in undermining the Taliban is the [From the New York Times, Dec. 3, 2009] National Solidarity Program, or N.S.P., this article then, I believed it. I believe OP-ED COLUMNIST; JOHNSON, GORBACHEV, which helps villages build projects that they we were all going to freeze in the dark. OBAMA choose—typically schools, clinics, irrigation It goes on to say that a part of the (By Nicholas D. Kristof) projects, bridges. This is widely regarded as problem is man polluting the atmos- Imagine you’re a villager living in south- one of the most successful and least corrupt phere with farming. Because man ern Afghanistan. initiatives in Afghanistan. farms and the dust gets up into the air, You’re barely educated, proud of your re- ‘‘It’s a terrific program,’’ said George that blocks the sun rays from coming gion’s history of stopping invaders and sus- Rupp, the president of the International Res- to Earth, and that actually cools the cue Committee. ‘‘But it’s underfunded. And picious of outsiders. Like most of your fellow Earth. Maybe that’s another new idea Pashtuns, you generally dislike the Taliban it takes very little: for the cost of one U.S. because many are overzealous, truculent soldier for a year, you could have the N.S.P. of carbon emission cooling that was in nutcases. in 20 more villages.’’ 1974. Yet you are even more suspicious of the in- The following year that notable news fidel American troops. You know of some vil- f magazine, Newsweek, April 28, 1975, lages where the Americans have helped build THE COOLING WORLD under its Science section in the back, roads and been respectful of local elders and talks about the cooling world. There customs. On the other hand, you know of The SPEAKER pro tempore. Under a are ominous signs that the Earth’s other villages where the infidel troops have previous order of the House, the gen- invaded homes, shamed families by ogling weather patterns have begun to change tleman from Texas (Mr. POE) is recog- dramatically and that these changes women, or bombed wedding parties. nized for 5 minutes. You’re angry that your people, the may be bringing a drastic decline in Pashtuns, traditionally the dominant tribe Mr. POE of Texas. Madam Speaker, food production throughout the world. of Afghanistan, seem to have been pushed we debate throughout the world the To scientists these dramatic inci- aside in recent years, with American help. concept of global warming, but we dents represent the advanced signs of a Moreover, the Afghan government has never don’t call it that any more; we call it fundamental change in the world’s been more corrupt. The Taliban may be in- climate change. All the big leaders of whether. The central fact, you got that competent, but at least they are pious Mus- the world are in Denmark talking word, fact, is that after three-quarters lim Pashtuns and reasonably honest. about how they can figure out a way to You were always uncomfortable with for- of a century of extraordinarily mild eign troops in your land, but it wasn’t so bad control man, to make sure that man, conditions, the Earth’s climate seems the first few years when there were only the evildoer, the polluter of the world, to be cooling down. And that’s from about 10,000 American soldiers in the entire does not continue to pollute our won- Newsweek. country. Now, after President Obama’s derful climate. Here is a chart they put in their ex- speech on Tuesday, there soon will be 100,000. The consensus has been for some pert scientific article, and it’s enti- That’s three times as many as when the time that global warming, climate tled—I think it’s nice they put it in the president took office, and 10 times as many change, continues because man is the as in 2003. ice-blue color—Newsweek, ‘‘The Cool- Hmmm. You still distrust the Taliban, but perpetrator. Now we are beginning to ing World,’’ and it shows that average maybe they’re right to warn about infidels learn that may not be true, that there temperatures are getting colder. Of occupying your land. Perhaps you’ll give a is not a consensus that there is global course, it goes off the chart, colder and goat to support your clansman who joined warming or climate change. We now colder, April 28, 1978. the local Taliban. have heard about Climategate, where Like I said, Madam Speaker, I be- That’s why so many people working in Af- the expert scientists hid emails in Eng- lieved we were all going to freeze in the ghanistan at the grass roots are watching land that disagreed with the so-called dark. The scientists told us that we the Obama escalation with a sinking feeling. consensus that there is global warming President Lyndon Johnson doubled down on were going to freeze in the dark be- the Vietnam bet soon after he inherited the and global climate change. We have cause of the weather patterns. Cli- presidency, and Mikhail Gorbachev escalated heard now new evidence that even mates do change, Madam Speaker. In the Soviet deployment that he inherited in NASA is involved in not revealing evi- the 1970s it was getting cooler. Now Afghanistan soon after he took over the dence that contradicts climate change. they say it’s getting warmer. Now they leadership of his country. They both inher- I think a history lesson is in order, just say it’s climate change. ited a mess—and made it worse and costlier. Madam Speaker, and I would like to Climates do change. That’s what sea- As with the Americans in Vietnam, and read from a couple of well thought of, Soviets in Afghanistan, we understate the sons are. Most of the world up here in risk of a nationalist backlash; somehow Mr. in the science community, a couple of the north has seasons. Now, we don’t Obama has emerged as more enthusiastic magazine articles. One of them is under have seasons in Houston. We have two about additional troops than even the cor- the Science section of Time magazine. seasons—we have summer, and we have rupt Afghan government we are buttressing. It’s dated June 24, but the year is 1974. August. Other than that, the seasons Gen. Stanley McChrystal warned in his re- The article begins with this comment, change. In most parts of the world they port on the situation in Afghanistan that ‘‘Another Ice Age?’’ So much for global get warm, they get cold. ‘‘new resources are not the crux’’ of the prob- warming. We are going to try to trust the lem. Rather, he said, the key is a new approach that emphasizes winning hearts and As they review the bizarre and unpre- world’s climate predictions to a group minds: ‘‘Our strategy cannot be focused on dictable weather patterns of the past of people from the 1970s and now, 2000, seizing terrain or destroying insurgent several years, a growing number of sci- to a group of people who can’t even troops; our objective must be the popu- entists are beginning to suspect that predict correctly tomorrow’s weather. lation.’’ many seemingly contradictory events You know, people in the weather indus- So why wasn’t the Afghan population more are occurring in global climate up- try are the only people I know who directly consulted? heaval. The weather widely varies from ‘‘To me, what was most concerning is that consistently can be wrong and keep there was never any consultation with the place to place and time to time. their jobs. But yet, these same people Afghan shura, the tribal elders,’’ said Greg When meteorologists take an average who can’t predict tomorrow’s weather Mortenson, whose extraordinary work build- of temperatures around the globe, they are trying to predict the weather from ing schools in Pakistan and Afghanistan was find that the atmosphere has been now on, that climate change is occur- chronicled in ‘‘Three Cups of Tea’’ and his growing gradually cooler the last three ring because man is the culprit. new book, ‘‘From Stones to Schools.’’ ‘‘It decades and the trend shows no indica- And that’s just the way it is. was all decided on the basis of congressmen tion of reversing. Let me repeat that. [From Newsweek, Apr. 28, 1975] and generals speaking up, with nobody con- According to scientists in 1974, the sulting Afghan elders. One of the elders’ mes- (By Peter Gwynne) sages is we don’t need firepower, we need trend shows no indication of reversing THE COOLING WORLD brainpower. They want schools, health facili- the cooling trend. There are ominous signs that the earth’s ties, but not necessarily more physical Scientists are becoming increasingly weather patterns have begun to change dra- troops.’’ apprehensive, for the weather aberra- matically and that these changes may have

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.141 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14949 drastic decline in food production—with seri- entific questions largely unanswered, but in Dr. Shearer was very active in com- ous political implications for just about many cases we do not yet know enough to munity and social issues. He was in- every nation on earth. The drop in food out- pose the key questions.’’ volved in Physicians for Social Respon- put could begin quite soon, perhaps only ten Extremes: Meteorologists think that they years from now. The regions destined to feel can forecast the short-term results of the re- sibility, an organization dedicated to its impact are the great wheat-producing turn to the norm of the last century. They preventing nuclear war and prolifera- lands of Canada and the U.S.S.R. in the begin by noting the slight drop in over-all tion, and halting global warming and north, along with a number of marginally temperature that produces large numbers of toxic deprivation of the environment. self-sufficient tropical areas—parts of India, pressure centers in the atmosphere. These In 1972, he was a part of a grassroots Pakistan, Bangladesh, Indochina and Indo- break up the smooth flow of westerly, winds Save Our Schools, or SOS, that I also nesia—where the growing season is depend- over temperate areas. The stagnant air pro- worked on with him in Petaluma to ent upon the rains brought by the monsoon. duced in this way causes an increase in ex- raise money to keep Grant Elementary The evidence in support of these pre- tremes of local weather such as droughts, dictions has now begun to accumulate so floods, extended dry spells, long freezes, de- School, which was located in massively that meteorologists are hard- layed monsoons and even local temperature Petaluma, open when it was threatened pressed to keep up with it. increases—all of which have a direct impact with closure. In England, farmers have seen their grow- on food supplies. In the 1980s, he was the head of Phy- ing season decline by about two weeks since ‘‘The world’s food-producing system,’’ sicians for Social Responsibility in the 1950, with a resultant over-all loss in grain warns Dr. James D. McQuigg of NOAA’s Cen- North Bay. He also began the Chil- production estimated at up to 100,000 tons ter for Climatic and Environmental Assess- annually. During the same time, the average dren’s Health Initiative to ensure that ment, ‘‘is much more sensitive to the weath- all uninsured children in Sonoma temperature around the equator has risen by er variable than it was even five years ago.’’ a fraction of a degree—a fraction that in Furthermore, the growth of world population County would have health care. some areas can mean drought and desola- and creation of new national boundaries Dr. Shearer served as medical direction. Last April, in the most devastating make it impossible for starving peoples to tor of the Jewish Community Free outbreak of tornadoes ever recorded, 148 migrate from their devastated fields, as they Clinic in Cotati and Rohnert Park. He twisters killed more than 300 people and did during past famines. was the chief of the medical staff at caused half a billion dollars’ worth of dam- Climatologists are pessimistic that polit- Hillcrest Hospital from 1974 to 1975, and age in thirteen U.S. states. ical leaders will take any positive action to president of the Petaluma Valley Hos- Trend: To scientists, these incidents rep- compensate for the climatic change, or even resent the advance signs of fundamental to allay its effects. They concede that some pital medical staff from 1986 to 1987. changes in the world’s weather. The central of the more spectacular solutions proposed, He also served as chairman of the fact is that after three quarters of a century such as melting the arctic ice cap by cov- Petaluma Valley Hospital ethics com- of extraordinarily mild conditions, the ering it with black soot or diverting arctic mittee for many years. He served as earth’s climate seems to be cooling down. rivers, might create problems far greater president of the California Physicians’ Meteorologists disagree about the cause and than those they solve. But the scientist see Alliance, an organization of physicians extent of the cooling trend, as well as over few signs that government leaders anywhere its specific impact on local weather condi- advocating for single-payer national are even prepared to take the simple meas- health insurance. tions. But they are almost unanimous in the ures of stockpiling food or of introducing the view that the trend will reduce agricultural variables of climatic uncertainty into eco- John is survived by his wife, Donna productivity for the rest of the century. If nomic projections of future food supplies. Brasset Shearer of Petaluma; his son, the climatic change is as profound as some of The longer the planners delay, the more dif- David Shearer of Gig Harbor, Wash- the pessimists fear, the resulting famines ficult will they find it to cope with climatic ington; his daughter, Annette Moussa could be catastrophic. ‘‘A major climatic change once the results become grim reality. of Petaluma; and two grandchildren. change would force economic and social ad- Madam Speaker, even as John Shear- justments on a worldwide scale,’’ warns a re- f er was a tender man with impeccable cent report by the National Academy of IN MEMORY OF DR. JOHN manners, he was a bold and fearless ac- Sciences, ‘‘because the global patterns of SHEARER food production and population that have tivist for justice and health care. He evolved are implicitly dependent on the cli- The SPEAKER pro tempore. Under a did not hesitate to advocate for a sin- mate of the present century.’’ previous order of the House, the gentle- gle-payer system among his physician A survey completed last year by Dr. Mur- woman from California (Ms. WOOLSEY) peer group. He was a prince of a man ray Mitchell of the National Oceanic and At- is recognized for 5 minutes. who was loved and respected by many mospheric Administration reveals a drop of Ms. WOOLSEY. Madam Speaker, I half a degree in average ground temperatures and will be genuinely missed. rise today to fondly honor my friend, John, I thank you for your friend- in the Northern Hemisphere between 1945 Dr. John Shearer, who passed away on and 1968. According to George Kukla of Co- ship, your counsel, and for making my lumbia University, satellite photos indicated November 18, 2009, at the age of 77 in family feel like they were part of a sudden, large increase in Northern Hemi- Petaluma, California. yours. sphere snow cover in the winter of 1971–72. Publicly, John was a powerful advo- And a study released last month by two cate for children’s health care and f NOAA scientists notes that the amount of health care reform. He preferred a sin- sunshine reaching the ground in the conti- gle-payer system and privately he was REAL THREAT OF NUCLEAR IRAN nental U.S. diminished by 1.3 percent be- a kind, selfless man of great integrity. tween 1964 and 1972. As a physician, he was expert, com- The SPEAKER pro tempore. Under a To the layman, the relatively small previous order of the House, the gen- changes in temperature and sunshine can be passionate, and gentle, the kind of doc- highly misleading. Reid Bryson of the Uni- tor you would want to have care for tleman from Kansas (Mr. MORAN) is versity of Wisconsin points out that the your sick child. I should know, because recognized for 5 minutes. earth’s average temperature during the great John Shearer was our family doctor, Mr. MORAN of Kansas. Madam Ice Ages was only about 7 degrees lower than and my family adored him. Speaker, over the past several years, I during its warmest eras—and that the A native of Kokomo, Indiana, John have worked hard to remind my col- present decline has taken the planet about a moved with his family to Detroit and leagues in Congress and the Americans sixth of the way toward the Ice Age average. originally trained as a pharmacist. that they represent of a real threat of Others regard the cooling as a reversion to a nuclear Iran. The Obama administra- the ‘‘little ice age’’ conditions that brought Then he earned his medical degree bitter winters to much of Europe and north- from Wayne State University in 1962. tion has been engaged in discussions ern America between 1600 and 1900—years John moved his wife and his children with Iran during the last several when the Thames used to freeze so solidly to Petaluma in 1964, where he started months. that Londoners roasted oxen on the ice and El Rose Medical Clinic with three other As many of us expected, the Presi- when iceboats sailed the Hudson River al- doctors. His son, David Shearer, recalls dent’s open hand to Tehran was met most as far south as New York City. that his father made a lot of house with a clinched fist. Despite inter- Just what causes the onset of major and calls with his black doctor’s bag in the national efforts to negotiate with Iran, minor ice ages remains a mystery. ‘‘Our knowledge of the mechanisms of climatic early years of his practice. In those Iranian leaders continue to be devious change is at least as fragmentary as our days, you see, there were no OB–GYNs, and defiant. Enough; now is the time data,’’ concedes the National Academy of so he delivered hundreds of babies in for Congress to act. Fortunately today Sciences report ‘‘Not only are the basic sci- Petaluma. the House of Representatives did.

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A15DE7.074 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14950 CONGRESSIONAL RECORD — HOUSE December 15, 2009 Iran already possesses enough nu- the war and some of the troops that about sending more U.S. troops to Af- clear fuel to build two nuclear weap- were being dispatched there would ghanistan without a meaningful dem- ons. Even while negotiations were tak- begin to return home. onstration by President Karzai, who ing place, Iran continued to enrich ura- Almost as soon as the speech ended, just had stolen a million votes to stay nium in defiance of five United Nations administration officials began to ex- in power, that his government would be Security Council resolutions, increas- plain that deadline away. First we able to tackle corruption and mis- ing its supply of uranium and becoming learned that not all the troops would management that has fueled the more and more dangerous each and get there until the fall of next year. Taliban’s rise in strength. every day. They’re not going for the weekend or a We went to take out al Qaeda, not to While there are many domestic issues 2-week stay or a stay of less than a change it into Switzerland. Let’s keep that demand the attention of us in year. And then Secretary Gates made that commitment and do it in the most Congress, we must not forget an Ira- clear in interviews the nature of this cost-effective way. nian call for a world without a United July 2011 deadline. He said that at the f time of July 2011, some ‘‘handful,’’ in States or an Israel. A nuclear-armed The SPEAKER pro tempore. Under a his words, or some small number or Iran threatens the safety of American previous order of the House, the gen- troops in the region. It is a threat to whatever the conditions permit might tleman from Indiana (Mr. BURTON) is be departing Afghanistan at that time Israel’s existence, emboldens terrorist recognized for 5 minutes. but that we would, in his words, ‘‘have groups Hamas and Hezbollah and leads (Mr. BURTON of Indiana addressed a significant number of forces there for to a perilous nuclear arms race in the the House. His remarks will appear some considerable period of time.’’ It Middle East. hereafter in the Extensions of Re- was only a few days after that that Af- These are all things we cannot accept marks.) and must not tolerate. ghan President Hamid Karzai indicated just how long that commitment might f b 1800 have to be when he announced that CUBA Passage of the Iran Refined Petro- ‘‘for another 15 to 20 years Afghanistan leum Sanctions Act takes an impor- will not be able to sustain a force of The SPEAKER pro tempore. Under a tant step to counter the Iranian threat that nature and capability with its own previous order of the House, the gentle- to our national security and to that of resources.’’ woman from Florida (Ms. ROS- our strong democratic ally Israel. We are talking about a very extended LEHTINEN) is recognized for 5 minutes. commitment of more and more Amer- Ms. ROS-LEHTINEN. Madam Speak- f ican troops and more and more Amer- er, just last week we observed another The SPEAKER pro tempore. Under a ican dollars, ironically, at a time that Human Rights Day without freedom in previous order of the House, the gentle- some of our allies who’ve been in Af- Cuba. woman from Maryland (Ms. EDWARDS) ghanistan, like the Canadians, like the As to be expected, the regime had its is recognized for 5 minutes. Dutch, are making plans to withdraw thugs out in full force to harass and at- (Ms. EDWARDS addressed the House. their troops as our troops enter the tack all who dared to walk the streets Her remarks will appear hereafter in country. in support of this important day and the Extensions of Remarks.) I have heard from not a few constitu- what it represents to the world com- f ents expressing their concern about munity. For 2 days, the members of the this decision to escalate the war in Af- peaceful Ladies in White group were AFGHANISTAN ghanistan. Whether we agree or dis- pursued and harassed by agents of the The SPEAKER pro tempore. Under a agree on whether this is the best ap- regime. Marches and peaceful dem- previous order of the House, the gen- proach, we all agree that our objective onstrations in support of human rights tleman from Texas (Mr. DOGGETT) is is to work together to keep our fami- and fundamental freedoms came to an recognized for 5 minutes. lies safer. One person to whom I pre- abrupt end as state security forces Mr. DOGGETT. Madam Speaker, sented the Veteran of the Year award rounded up, detained, and brutally at- President Obama is certainly to be just last month in Bastrop, Texas, Re- tacked some of the participants. commended for the thoughtful and tired Colonel Bill Stanberry, twice Yusnaimi Jorge Soca, wife of Dr. thorough consideration that he has awarded the Legion of Merit and in- Darsi Ferrer, was one of the many ap- given to our alternatives in Afghani- ducted into the Infantry Officers Hall prehended by the secret police on her stan. In essence, given the mess that he of Fame, offered this observation: way to one of the planned marches at was bequeathed there, he was asked to ‘‘There is no sign or promise of a via- the Villalon Park in Havana. Dr. choose the least bad alternative. ble leadership in the government in Af- Ferrer is an Afro-Cuban civil rights My personal belief is that a good man ghanistan, an ingredient that is abso- leader currently imprisoned by the dic- made the wrong choice. But I think it lutely essential to the success of the tatorship. His alleged crime? ‘‘Ille- is incumbent on this Congress to do as program. We are allowing our adver- gally’’ purchasing materials to repair our President did and give thoughtful saries to determine the kind of wars we damages to his home. The truth? Dr. and thorough consideration of what fight and how we fight them. We need Ferrer has worked tirelessly to expose our alternatives are there and whether to find ways to exploit our strengths the reality of Castro’s apartheid health there is a better way than dispatching and not be lured into battles of war care system and the abysmal disregard another 30,000 American troops to Af- where our substantially weaker adver- for fundamental freedom and human ghanistan to assure the security of our saries have the advantage by dictating rights. Yusnaimi was threatened on families. how we fight.’’ this Human Rights Day by the Cuban We have had now almost a decade Our strategic choices in Afghanistan, dictatorship, as well as her husband, in without a debate of Afghanistan policy I believe, are not narrowly limited to an attempt to intimidate them into in this Congress. I believe we must either escalating rapidly, as the Presi- submission and silence. take a hard look at how hundreds of dent has proposed, or departing imme- Those seeking freedom in Cuba, how- billions of taxpayer dollars and thou- diately, but they include more effec- ever, have shown time and time again sands of the lives of young Americans tive ways of using the resources that that they will not waver in the face of are being put on the line in Afghani- we have already committed to accom- repression. stan and ask if this is the most effec- plish our original objectives. And ap- The Castro tyranny does not limit tive way to defeat terrorism. parently, our Ambassador in Afghani- the application of its repressive tactics Some were, of course, pleased that stan, former Lieutenant-General Karl to the oppressed Cuban people, how- the President indicated in his speech Eikenberry, had some of the same con- ever. For example, Chris Stimpson, that July 2011, a period of a little more cerns that I do. It is widely reported Second Secretary of the British Em- than a year and a half, would mark a that he sent at least two classified ca- bassy, was also pursued and chased point in this long war at which we bles to Washington before the an- away by the regime’s mob apparatus on would see the beginning of the end of nouncement expressing deep concerns Thursday. And on Friday, an American

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.143 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14951 citizen was detained, likely in response woman from Ohio (Ms. KAPTUR) is rec- try. If you’ve got the wrong regulators, to U.S. efforts to support the inalien- ognized for 5 minutes. replace them, but be independent about able rights of the Cuban people. We are Ms. KAPTUR. Madam Speaker, this it. hopeful, Madam Speaker, for his imme- week President Obama held yet an- So the entire credit system of our diate and safe return home soon. other White House meeting to jawbone country remains frozen up as TARP For the people of Cuba, every day is Wall Street bankers. and Wall Street have sucked dry the a desperate struggle to maintain a Just a few months ago, in September, confidence of prudent banks in our glimmer of hope for a brighter future. he traveled to New York to speak with Hundreds and hundreds remain behind credit system. Meanwhile, the value of them. Most of them didn’t even have your home is dropping. Inflation is bars due to their refusal to give up on the courtesy to show up at Federal that brighter future. We must never rearing its ugly head, today announced Hall. Then last week his Treasury Sec- a 1.8 percent inflation increase, double lose sight of the plight of those living retary called again on Wall Street’s big under this dictatorial regime. We must what it was anticipated and the biggest banks to work out mortgage loans for increase in a year. And why wouldn’t it also not turn our backs on these indi- the over 6 million Americans who have viduals by cutting deals with their op- rise, as the fundamentals are all out of fallen into foreclosure since 2007. Wall whack? pressors. We must not put principle Street didn’t do it. They’re just laugh- over profit, security before popularity. ing all the way to the bank. They’ll Though the Castro tyranny may try to pocket over $140 billion in bonuses this b 1815 convince the world otherwise, it will year for themselves. never miss an opportunity to tighten When TARP passed, the Bush admin- Yesterday, the President vowed to re- istration said it would save America its iron grip on liberty. cover every last dime of taxpayer It is time that the cruel veil of hy- from depression, but then the Dow fell money that was bestowed on these gi- over 2,000 points from October 1 to pocrisy be lifted. The Cuban people are ants, which now control 40 percent of no less worthy of freedom and human March 9 of this year. Our Nation fell deposits in our country. Five banks, 40 into a depression anyway, and now 27 rights than any other oppressed popu- percent of the deposits. But you know lation. Nations and organizations and million Americans are either out of it’s important to ask the President leaders worldwide, they do not hesitate work or are working part-time jobs which taxpayer money is he talking to denounce the genocidal regime in when they want full-time jobs. The about. Just the TARP money? That Sudan, and I agree with them, or the trouble is, when you don’t fix some- would be about half a trillion dollars. brutal military junta in Burma, and I thing right in the first place, the prob- But that figure does not include the agree with them. However, they remain lem only worsens. Here is what should hundreds and hundreds of billions of silent, and I don’t agree with them, have happened instead of TARP. dollars doled out by the Federal Re- when it comes to the cries of those serve, which is not a Federal agency, In order to not bankrupt our country, dying in Castro’s jails because they right to the big banks. the SEC should have reimposed regula- seek freedom and democracy for their What about all the damage those gi- tions on short-sellers, and it should Cuban nation. How much more must ants continue to do to our mortgage have suspended mark-to-market ac- the Cuban people suffer before the markets and property values despite counting using fair value. The FDIC world acts decisively against this cruel what they’ve been given? How do we should have declared a financial emer- regime and its communist leaders? gency and proclaimed all depositors Those who ignore the struggles of the get all that money back? The big banks aren’t doing mortgage workouts of any and creditors of banks protected if Cuban people serve as willing accom- those banks failed, and it should have plices to their brutal oppressors. As significance despite the President, despite his Secretary of the Treasury, de- used its emergency power to restore Cuban dissident Dr. Ferrer said in his capital in banks. That wasn’t done in jail cell in his call for all Cubans to spite those bills that Congress passed. time. Even now, we need to separate peacefully commemorate Human Surely you’ve noticed the big banks prudent banking from speculation, and Rights Day: ‘‘Governments, institu- tiptoeing through those mortgage tu- we need to restore and to strengthen tions, organizations, and human beings lips all over the country quite adeptly. normal banking regulation, and not de- in general have an obligation to pro- What about all the smaller banks pend on the overly politicized Treasury mote respect for fundamental rights they’ve driven out of business? Do Department to pick winners and losers. and freedoms as well as ensure the rec- those investors get the same deal as ognition and universal and effective Wall Street? Yes, we have to increase capital re- application.’’ What about the community bond rat- serve and liquidity requirements to Dr. Ferrer continued: ‘‘Our appeal ings that have dropped across our eliminate pro-cyclical rules, and we will be for the recognition in every cor- country? How do we get that money have to strengthen the SEC and inner of the Earth for the inherent dig- back for our communities? crease congressional oversight with the nity and equal and inalienable rights of What about all the Americans who Financial Accounting Standards Board all members of the human family.’’ have lost pensions and 401(k) plans? while strengthening the FDIC. Today, Madam Speaker, let us renew How do they get their money back? What about all the unemployment? I have some other bills, including re- our commitment to bring the light of couping the over $140 billion in bonuses freedom to those living in the darkness What about the cost of that and food stamps and health care for those who that Wall Street will take this year. I of oppression, wherever that darkness have another bill to authorize the De- is. Today, let us make clear that we have been hit hard by the economy partment of Justice, the FBI, and the will not stand for another Human Wall Street brought us? How do they SEC to be fully funded, with investiga- Rights Day without freedom in Cuba. get their money back? The President is looking through too tors to uncover and prosecute the f white collar criminals responsible for The SPEAKER pro tempore. Under a narrow a keyhole. What the White House advisers fail to admit is that this fraud. I have another bill to re- previous order of the House, the gen- form the Federal Reserve system and tleman from New York (Mr. NADLER) is their approach isn’t working. The TARP should never have been passed to give each region in the country an recognized for 5 minutes. equal voice so that the New York Fed (Mr. NADLER of New York addressed by Congress. It protected the wrong- doers, and now the Treasury Secretary doesn’t overwhelm the rest of the coun- the House. His remarks will appear try. hereafter in the Extensions of Re- just extended it for another year. marks.) TARP turns the banking system into Madam Speaker, America needs more a political chessboard by putting the than rhetorical flourishes from this ad- f Department of the Treasury into the ministration or from the last to restore TARP AND THE WALL STREET driver’s seat picking winners and los- sanity to our financial markets. It is BANKERS ers, rather than using the independent time to take the political manipula- The SPEAKER pro tempore. Under a financial regulatory agencies, as has tion out of banking regulation in our previous order of the House, the gentle- always been done throughout our coun- country.

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.148 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14952 CONGRESSIONAL RECORD — HOUSE December 15, 2009 The SPEAKER pro tempore. Under a America from a future attack. I believe is crossing into Afghanistan on a reg- previous order of the House, the gen- that it is not, and there are a couple of ular basis to attack our troops, the tleman from Texas (Mr. PAUL) is recog- reasons. Pakistani military regards the Hakani nized for 5 minutes. First of all, as we know, al Qaeda network as its ally in geopolitics in the (Mr. PAUL addressed the House. His goes where our military is not. There Afghanistan region. So it will not do remarks will appear hereafter in the are presently, according to General what needs to be done to protect the Extensions of Remarks.) Jones, 100 al Qaeda in Afghanistan and American military and American secu- f about 500 in Pakistan. Al Qaeda moves rity, and that is to attack the Hakani to areas of opportunity. It is not just network—the Afghanistan Taliban. In WESTERN RESOLVE there. It’s in Yemen. It’s in Somalia. fact, it has made it explicit that it sees The SPEAKER pro tempore. Under a It’s in other parts of the world. the Hakani network as its ally to keep previous order of the House, the gen- Also, as we know, the Internet is a India at bay. tleman from California (Mr. MCCLIN- tool, and some of the folks who have So what we have is a strategy that TOCK) is recognized for 5 minutes. been plotting and planning to do de- depends on nation-building, which has Mr. MCCLINTOCK. Madam Speaker, I structive conduct and to hurt our very doubtful prospects of success in an rise to applaud the passage today of American people live in the United alliance with two ‘‘friends’’ who aren’t H.R. 2194, the Iran Refined Petroleum States and in other parts of the world. there to help us. It is not a threat that is confined to Af- Sanctions Act of 2009. f ghanistan. It is a decentralized threat. Iran’s regime has consistently lied to The SPEAKER pro tempore. Under a the world over its nuclear ambitions. So where you have a threat which, by definition, is decentralized and not previous order of the House, the gen- Yesterday’s revelation that Iran has tleman from Georgia (Mr. GINGREY) is been working on nuclear bomb deto- from a nation state, does it make sense to deploy the vast majority of our recognized for 5 minutes. nators should convince even the most (Mr. GINGREY addressed the House. naive officials within our government troops, 100,000, and the vast majority of our resources, $1 trillion minimum His remarks will appear hereafter in of Iran’s ultimate intention. the Extensions of Remarks.) I do not believe that petroleum sanc- over the next 10 years, to a single coun- tions alone will dissuade the Iranian try and to then take on the goal of na- f regime from its obvious intention to tion-building, of institution building, BREAST CANCER AWARENESS acquire nuclear weapons, or from its in Afghanistan? I believe it does not. It The SPEAKER pro tempore. Under a stated goal of wiping Israel off the is not an effective strategy that is sus- previous order of the House, the gen- map, or from its unremitting hostility tainable militarily. It is not an effec- tleman from California (Mr. ROYCE) is toward our own country; but I do be- tive strategy that is sustainable finan- recognized for 5 minutes. lieve that it will send a vital message cially. Mr. ROYCE. Madam Speaker, more of growing Western resolve at a critical Secondly, the effect of a decision to than 190,000 women will be diagnosed moment in world history. nation-build in Afghanistan is that, by with breast cancer in the United States Iran should interpret the House ac- definition, our military and our gov- this year, and more than 40,000 will die. tion today as an overwhelming expres- ernment need a functional partner no In the last 20 years, there have been de- sion of American commitment that matter what the shortcomings of that clines in the breast cancer mortality spans the wide spectrum of political partner may be—hence, the embrace of rate, and those declines are attributed views within our Nation. the Karzai administration, which is, despite the fact that it is losing credi- to increases in early detection and im- f bility among its own people, and de- provements in breast cancer treat- The SPEAKER pro tempore. Under a spite the fact that the election was not ment. previous order of the House, the gen- only deeply flawed but it is docu- Today, when breast cancer is found tleman from Oregon (Mr. DEFAZIO) is mented that the Karzai Government before it spreads, the 5-year relative recognized for 5 minutes. stole 1 million votes in order to stay in survival rate is 98 percent, but that (Mr. DEFAZIO addressed the House. power. rate will decline to 84 percent for re- His remarks will appear hereafter in The more work that we do which regional disease and to 23 percent when the Extensions of Remarks.) quires us to line up, to cooperate, to cancer has metastasized, or has spread, f conciliate, and to protect a Karzai Gov- to other parts of the body. ernment that does not have the sup- In November, the U.S. Preventive AMERICA’S NATIONAL SECURITY port of its people—and every day that Services Task Force released new The SPEAKER pro tempore. Under a we do that—it undercuts the support guidelines for screening mammog- previous order of the House, the gen- and the definition of the mission of the raphy. These changes have again re- tleman from Vermont (Mr. WELCH) is American soldier in Afghanistan. ignited the controversy over mammog- recognized for 5 minutes. As is well-known, a major problem is raphy screening—a debate that has re- Mr. WELCH. Madam Speaker, I want Pakistan. What we have seen is that we mained for a number years. to address the question of Afghanistan. now have to have a significant alliance However, it is important for us to re- The President was confronted with a with the Pakistani military as the only member that the Susan G. Komen for very serious and difficult decision. The institution that can provide some the Cure organization agreed that decision that he made, as America measure of security in Pakistan. Be- mammograms save lives in women 40 knows, is to increase troop strength by cause they control the nuclear weap- to 49 as well as in women over 50. Addi- 30,000 troops and to also seek the sup- ons, this is obviously of great impor- tionally, while the USPSTF has chosen port for an additional 10,000 troops tance to the American people, but the to make revisions in its guidelines for from allies. The question which really Pakistani military is notable for two screening, patient advocates and pro- confronts America as well as the Presi- things: fessional organizations, not just the dent is this: Number one, it has been an adversary Susan G. Komen for the Cure but also What is the best strategy to protect of democratic development in Paki- the American Cancer Society, the our homeland from another attack stan, something which is essential to American College of Obstetricians and that would be perpetrated by and in- build economic well-being in a country Gynecology, and the American Society spired by al Qaeda? that is absolutely destitute, impover- of Clinical Oncology, have reviewed the The question is also whether having ished and getting poorer. same evidence and have continued to a military force of occupation of now Number two, the Pakistani military, recommend annual screenings begin- 100,000 troops, or soon to be 100,000 as reported in The New York Times as ning at age 40 for women of average troops, from the United States of recently as today, made it clear that, risk and earlier for women with known America in Afghanistan and doing na- however urgent it is for the United risks of breast cancer. tion-building is a sustainable strategy States to take out the Hakani net- Our real focus should be on the fact that will be the one that can protect work, which is in the tribal areas and that one-third of the women, some 23

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.152 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14953 million, who qualify for screening ways wanted America to be looking for AMERICA IN AFGHANISTAN: under today’s guidelines are not being peace. QUESTIONS TO CONSIDER screened. They are not being screened I’m sad to say that we have forgotten due to a lack of education, of aware- The SPEAKER pro tempore. Under a that, this message from our Founding previous order of the House, the gen- ness, or access. That issue needs focus Fathers from over 200 years ago. We’ve and attention. If we can make progress tleman from New Jersey (Mr. HOLT) is forgotten that, but it’s still here in our recognized for 5 minutes. with screening in susceptible popu- pockets today and on our dollar bill to lations, we can make more progress in remind us that the Founding Fathers Mr. HOLT. Madam Speaker, today the fight against breast cancer. wanted us to be looking not for war but Members received another classified f for peace. briefing on our policy in Afghanistan, a briefing that raised a number of ques- The SPEAKER pro tempore. Under a What is that power that peace has? previous order of the House, the gen- tions that need answers before our The power that peace has is the power country commits further troops and re- tleman from Colorado (Mr. POLIS) is to educate your children, the power to sources to that conflict. These are not recognized for 5 minutes. maintain your own health and the (Mr. POLIS addressed the House. His loaded questions or simply rhetorical, health of other citizens, and the power they are real questions—and just some remarks will appear hereafter in the to build roads, hospitals, and bridges. Extensions of Remarks.) of the real questions—that people in The power of war is the power to de- central New Jersey are asking. f stroy all of that. Would this proposed troop increase THE GREAT SEAL OF THE UNITED bring us closer to capturing or killing 1830 STATES b those responsible for the 9/11 attacks? The SPEAKER pro tempore. Under a That is why our Founding Fathers If the al Qaeda remnant Americans are previous order of the House, the gen- warned us against foreign entangle- seeking to capture or kill is on the tleman from Florida (Mr. GRAYSON) is ments and why our Founding Fathers Pakistani side of the border, or in recognized for 5 minutes. reminded us in the Great Seal to be Yemen or East Africa, how will sending Mr. GRAYSON. Madam Speaker, I in- looking all the time to peace and not more troops to, say, southern Helmand vite you and everyone within the sound to war. The things that we do now for Province in Afghanistan help us to get of my voice tonight—all Americans—to the past 8 years are things that are un- those terrorists who attacked us on reach into your pockets. Take out a precedented anywhere else in the September 11 or might attack us in the dollar bill. Turn it around. On the world. The English stopped occupying future? Should we send troops to where back, you will see the Great Seal of the other countries in the fifties, half a al Qaeda isn’t? Should we expand our United States. century ago. The French stopped doing aerial strikes? Would an escalation in Our Founding Fathers had very few it in the sixties. The Portuguese air attacks do more harm than good? Is ways to communicate with us. They stopped doing it in the seventies. The our intelligence apparatus structured lived before the time of television. Soviet Union stopped doing it in the and capable of giving our military and They lived before the time of radio. nineties, too late to save the Soviet political leaders the intelligence they They lived before the time of photog- Union. And to a large degree the de- need to wage this war? Given our lack raphy, so they communicate to us struction of the Soviet Union came of foreign language capabilities, can we through the Constitution. They com- from a disrespect for the power of really know what’s going on in the municate to us through the Declara- peace and a worship of the power of towns and farms and villages? Does the tion of Independence, through the Fed- war. Let’s hope that we recognize that deterioration in the military and polit- eralist Papers, through letters that mistake and let’s hope that we don’t ical situation in recent years in Af- they wrote, and only one image—and repeat it in Iraq and in Afghanistan, ghanistan result from actions Ameri- that image is this image—the image on wherever the next war might be. cans have taken or failed to take? If so, our dollar bill, the image of the Great In Washington, D.C., you hear much how do we avoid those problems in a Seal of the United States. discussion of leadership. Everyone surged military action? What con- I invite you to take a close look at it. wants to claim that mantle. I’m a lead- stitutes victory or success in this con- I have one right here. The one in my er, he’s a leader, she’s a leader. Every- flict? What is it that we hope to leave pocket is in black and white—or green body claims to be a leader. Well, there behind once we exit Afghanistan? What and white, if you will. The one here is is a kind of leadership that we need can we reasonably hope to leave be- in color. Take a look at it, and you will right now very badly, and that is the hind? see the American eagle. You will see leadership that looks just a little bit Is the Afghan Government a viable that the American eagle is holding ar- ahead into the future, recognizes partner? Is it viewed as legitimate by rows on the right, in its claw, and an what’s inevitable and tries to make it the Afghan people? Does the govern- olive branch on the left. This had deep come sooner. I have no doubt in my ment and do the people have the same symbolism to our Founding Fathers. mind that one day the war in Afghani- dedication to human rights, education This seal was adopted before the Con- stan will be over. I have no doubt in and public welfare that we do? If so, stitution, itself, was ratified. my mind that one day the war in Iraq how will our military troops bring im- The gentleman who had to explain will be over. The question is, when? provements in those areas? Do the Af- and to support the adoption of this We are the strongest country on ghan people have the same revulsion to symbol as our country’s Great Seal earth, the strongest country that the official corruption that Americans do? said that he had the eagle holding ar- earth has ever seen. We end a war when Can the Afghan security forces be ex- rows and an olive branch to symbolize we decide to end a war, and I submit to panded as quickly as claimed? Is Presi- war and peace. Specifically, what he you that that time has come. There is dent Karzai correct that he needs ex- said was, with regard to that olive no force on earth that will make us end tensive military U.S. security assist- branch, he wanted to illustrate the the war. We have to do it now. We have ance for 15 or 20 more years? Will such power of peace. He said, ‘‘the power of to fight for the power of peace. assistance require the use of many pri- peace,’’ which is not a phrase we hear vate security contractors? If so, what very often. We hear a great deal of the f will such a reliance on contractors cost power of war, but we don’t hear much the American taxpayer? If contractors about the power of peace. The SPEAKER pro tempore. Under a are employed extensively in Afghani- You will note that the eagle is not previous order of the House, the gentle- stan, do the State and Defense Depart- looking toward the arrows. That eagle woman from North Carolina (Ms. FOXX) ments have sufficient oversight mecha- is looking toward the olive branch. The is recognized for 5 minutes. nisms to ensure those contractors oper- reason the American eagle was placed (Ms. FOXX addressed the House. Her ate more legally and ethically than by our Founding Fathers with an eye remarks will appear hereafter in the they have in, for example, Iraq? What on that olive branch was that they al- Extensions of Remarks.) lessons from Afghanistan’s history can

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.157 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14954 CONGRESSIONAL RECORD — HOUSE December 15, 2009 we learn about the population’s reac- initiative dealing with Iran sanctions. we have sent our soldiers to die for, tion to the long-term presence of for- But it is interesting that we find our- don’t have the authority to kill 4,000 eign troops on their soil? Could Af- selves in one domino effect after an- Iranian dissidents who simply want to ghanistan degenerate into a civil war other: Iran, Iraq, and then, by exten- live in peace and alone. I hope that we along ethnic and religious lines, as sion, Afghanistan and Pakistan. can reach our government to provide happened in Iraq? Today I rise with a plea to this gov- safe solace for them, which is one of Is the Government of Pakistan a via- ernment and to the State Department the reasons that I supported H.R. 2194, ble partner? Are they serious about to save those who are now huddled at the Iran Refined Petroleum Sanctions, helping us? Are elements of their mili- Camp Ashraf in Iraq; this government which deals with the question of who tary and security services still sup- that we have propped up, that we have might attempt to supply refined gaso- porting the Afghan Taliban who are at- seen thousands of our treasure lost in line to Iran or prevent them with the tacking our troops? What if President Iraq so that we could have a demo- materials to enhance their oil refin- Zadari is overthrown, as has happened cratic government, so that it would eries. This is to make a firm stance with previous leaders? have its own boundaries and its own against Iran’s nuclear proliferation, Will our allies actually provide the sovereignty, so it would not be gov- but it is also a stance against its troops the President is requesting? And erned and be a puppet of some other human rights abuses and its penetra- if they commit 10,000 troops and we country. But yet Iranian dissidents are tion in countries around its area, in- have 90,000 troops, will it be seen as an now huddled, fearful for their lives. In cluding Iraq, where they cannot seem international effort or an American fact, Assistant Secretary of State Jef- to be independent enough, that is, the war? If European countries’ troop cas- frey Feldman said, We’re actually more Iraqi Government, that they would do ualties rise sharply next year, will concerned about an Iraqi desire to the bidding of the Iranian despotic gov- those nations pull out of Afghanistan move Camp Ashraf to someplace else ernment and try to move these inno- and leave our troops to bear the future inside Iraq. The expectation is that cent persons—women, men and chil- burden? they would try to forcibly move them dren—to a place where they will surely Should we pay for the war openly and to a different location in Iraq and that, die. up front? Or should we commit troops too, would lead to bloodshed. I am grateful in the language that and consider how to pay later? How Iraqi authorities under Amnesty was submitted in this bill, H.R. 2194, would we pay for such an escalation, International says it must not forcibly that my language was kept that had to including the long-term costs of caring relocate 3,400 Iranian opponents and do with concerns of human rights in for our wounded veterans? Is the De- that forced removals of the residents of Iran and that this was put in the find- partment of Veterans Affairs hiring Camp Ashraf would put them at risk of ings. It is important that we acknowl- enough psychological counselors to arbitrary arrest, torture or other forms edge that throughout 2009, the Govern- treat the number of veterans who need of ill treatment and unlawful killing. ment of Iran has persistently violated counseling and treatment for I’ve met with Iranians, their fami- the rights of its citizens. Again I be- posttraumatic stress disorder? Do we lies, many of whom are in this camp, a lieve it is important for the United even know how to treat PTSD of vet- niece, a mother, a brother, and they States to support the dissidents inside erans who have endured two, three or have no relief. They have no refuge but Iran who continuously charge the gov- more combat tours? What should we us. And so it is crucial that we inter- ernment with an irregular and illegal make of the fact that the estimated vene with the present Iraqi Govern- election. I hope that we can move for- $100 billion we’ll spend on the war each ment, seemingly sometimes a puppet of ward in saving these lives. year is equal to the cost of the health Iran, to not in any way cause the Madam Speaker, as I close on Paki- reform bill each year that we are de- bloodshed and the loss of these dear stan and Afghanistan, Pakistan is an bating now? souls. ally to the United States in trying to Are there alternatives to the Presi- All they wanted to do is to be in free- bring peace to Afghanistan. dent’s approach that Congress and the dom. Yes, they have disagreement with f Nation should explore? What is truly the present government, but they are The SPEAKER pro tempore. Under a the best way to secure our country refugees in the world order; in the previous order of the House, the gen- against future terrorist attacks? Are world sense they are refugees, fleeing tleman from Arizona (Mr. FRANKS) is we putting the right emphasis on a oppression. And let me tell you where recognized for 5 minutes. military approach to counterterrorism Iraq wants to send these huddled few (Mr. FRANKS of Arizona addressed policy? When extremists can transmit thousand who simply want to be left the House. His remarks will appear their ideology and recruit terrorists alone, who have already been under the hereafter in the Extensions of Re- over the Internet and via extremist eye of the storm, who have seen loved marks.) ones lost, bloodshed inside the camp. madrassas and youth groups, are we f fighting on the right battlefield in Af- And where do they want to send ghanistan? Are we doing enough at them? To the east of this area is Al FRESHMEN REPUBLICAN HOUR home to prevent future tragedies like Busayyah and to the west is Al The SPEAKER pro tempore. Under the one that occurred at Fort Hood? Shabaka, the resting place for tribes the Speaker’s announced policy of Jan- Fulfilling our constitutional obliga- and migrants who live in the Iraqi uary 6, 2009, the gentlewoman from Wy- tions regarding matters of war and desert. Moving sand hills, which in the oming (Mrs. LUMMIS) is recognized for peace requires that Congress get an- summer reach temperatures of 158 60 minutes as the designee of the mi- swers to these questions and many Fahrenheit under the heat of the sun, nority leader. more, and help the American people prevent growth of plants and creation Mrs. LUMMIS. Thank you, Madam get these answers. of waterways and toilets for the mi- Speaker. f grant tribes. Some of the small and This evening’s Speaker is a fellow large wild trees which cover a small freshman and it is an honor to serve THE PLIGHT OF IRANIAN part of the area are desperate to sur- with you, Madam Speaker. Thank you DISSIDENTS vive during sandstorms and the reloca- for your time this evening as we pro- The SPEAKER pro tempore. Under a tion of moving sand hills. Many of ceed into Hanukkah and the Christmas previous order of the House, the gentle- them have been trapped under the mov- season. woman from Texas (Ms. JACKSON-LEE) ing sand hills while many others, de- We are as freshman Republicans is recognized for 5 minutes. spite having deep roots, are taken in going to spend some time with you re- Ms. JACKSON-LEE of Texas. Madam the sandstorm to locations dozens of viewing the episodes of the last 12 Speaker, I join my colleagues as a kilometers away. This is where the months: Where are we in terms of member of the Subcommittee on the members of Camp Ashraf will be sent— America’s fiscal house? Where have we Mideast and South Asia on the House a vast desert of death. been in the last 12 months? And, more Foreign Affairs Committee. Today our And so it is imperative that this gov- importantly, where are we going as we committee debated a very important ernment that we have propped up, that prepare for the new year 2010?

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.162 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14955 I am joined this evening by my col- Nation. You know as we, as freshmen, fully understand what was in that bill league, LEONARD LANCE of New Jersey, finish our first year in Congress, our before we voted on it. That’s unaccept- and we will be joined by other fresh- national debt continues to grow. It’s able, in my opinion. It was a bill that’s man Republican colleagues throughout now over $12 trillion as government en- not good for Midwest States like Ohio, the next 60 minutes. We look forward croaches into every aspect of our life. that I represent, that have a lot of to this opportunity to cover these sub- And I fear that this administration and manufacturing in Ohio, and nearly 90 jects with you this evening. this Congress, as they continue this percent of our energy comes from coal. We began our freshman year by ap- outrageous spending and running up This bill, in my opinion, is going to proving a $350 billion TARP extension debt, that we’re reaching a point of no cause unemployment and raise the cost without accounting for the first half of return, and it will take another piece of energy for Ohioans and Americans the TARP. of our liberty with it. across this country. And during a time I served 10 years in the State legisla- when we’re going through a difficult b 1845 ture in Ohio before I came to Congress, economic time, that’s not a good thing. We then moved into a $787 billion and in Ohio, we were forced to balance This freshman class then came to- stimulus package; $1.1 trillion, if you our budget. That meant tough deci- gether, as you know, as the Congress- include interest. And STEVE AUSTRIA, sions sometimes. We were willing to woman from Wyoming, as you know, our colleague, will be discussing this make those tough decisions. And those because you participated in this, Con- evening how that and other bills were 10 years in the State legislature, I gresswoman LUMMIS, and that was we shaped by the fact that they were done think, were a good learning experience had a press conference. We were upset without the kind of transparency that and a training ground for Congress, but about not having the opportunity to we expected to see when we came here I don’t think anything could have pre- read this bill. And as a freshman class, and which our new President cam- pared us for what we’ve seen these first we came before the national press, and paigned on. 12 months in Congress. If you think we expressed our concerns about hav- We then moved into a $410 billion ad- back to when we were sworn in, and ing an opportunity to read the bill be- dition to the 2009 budget. We then when the President came in after his fore we vote on it and the importance moved into bills that would take over inauguration, in his first sentence of of having that transparency, the im- the financial services industry, the his Executive order, President Obama portance of being able to let the Amer- automobile industry, the student loan stated, my administration is com- ican people know what we’re voting on industry, that created the largest tax mitted to creating an unprecedented here in Congress. increase in history by way of an enor- level of openness in government. What we saw shortly after that—and mous cap-and-trade bill that places a In November 2006, Speaker PELOSI we saw a number of people come to tax on every single American that con- pledged to lead the most honest and Congress the day before or a couple of sumes energy. And we passed, about a most open Congress in history. Yet, days before we voted on the health care month ago in this House, a health care what we’ve seen in our first year is reform bill. What we saw, what was bill that created an additional roughly that, time and time again this congres- rolled out shortly after that press con- trillion dollars in obligations for this sional leadership has rammed through ference, was a 2,000-page health care re- Nation, that bill now being debated in costly bills with devastating conform bill that we spent days setting up the United States Senate. sequences for America’s small busi- a reading room to try to read through During the course of this year, all of nesses and working families that no and understand what was in that bill those complicated pieces of legislation Member of Congress, in many cases, and trying to get that message out to which were passed, frequently without has had an opportunity to even read, the American public. And what we the opportunity to read the full bill, and I think that’s outrageous as a found was it was a huge spending bill created enormous debts for this Na- freshman in Congress. again, a $1 trillion health care reform tion, and we want to talk about this If we put things in perspective, the bill that would raise premiums for fiscal picture this evening. first 4 or 5 months in Congress, we were many Americans to pay for that, would Before we do, I want to yield to my faced with voting on the second half of increase taxes by over $700 billion. colleague, Mr. AUSTRIA, to discuss the the bailouts, the TARP bill, the $700 Most of that burden is being put on issues of transparency and the issues of billion for the financial markets. We small businesses to pay for the health the speed in which some of that com- were asked to vote on a $400 billion om- care reform bill, when we should have prehensive and complicated, lengthy nibus bill that contained over 9,000 ear- been focused on lowering costs and legislation was brought to the floor. marks. We were asked to vote on a making it more accessible, or more ac- Mr. AUSTRIA. stimulus bill, a 1,073-page, nearly tril- cessible to families and maintaining Mr. AUSTRIA. I thank the Congress- lion dollar stimulus bill that was post- that doctor/patient relationship. So we woman from Wyoming for her hard ed online at 10 p.m. the night before it can do better. work here in Congress and for putting came up for a vote and that not one And what has all this led to? It’s led this freshman Special Order together Member of Congress had an oppor- to a tremendous amount of debt. You this evening. I think it’s a great opportunity to read before we voted on that, know, we’re now borrowing 50 cents on tunity for us, as new Members of Con- and I think that’s unacceptable and every dollar that we spend. And I have gress, to be able to give our points of outrageous. We should have an oppor- three teenage boys at home, and I view as to coming to Congress, as to tunity to read the bill before we vote didn’t come to Congress to run up what we’re seeing and how we think we on it. And that bill, as we found out, these types of debts. And what we are can do better in the future. I thank you contained a tremendous amount of in- doing is we’re further increasing our for putting that together. fusion of government spending, expan- Nation’s debt and placing an astronom- As our class president, I think you sion of government. It wasn’t targeted ical amount of debt and burden on the would agree with me that we have a lot on helping small business create jobs, backs of our children and our grand- of talent that came in with this fresh- small businesses that can sustain those children, and that’s unacceptable. And man class on both sides of the aisle. jobs over the long run. what we’re seeing as a result of this And I think most of us would probably Then we moved into the month of tremendous amount of spending, this say it’s been very challenging, to say June and we took up an energy policy runaway spending, this huge amount of the least, our freshman year, some- known as the climate change bill or debt, is we’re seeing unemployment times very frustrating, but we’re all cap-and-trade bill. What we saw was at now reach the highest it’s been in re- committed to working very hard to the very end, a 300-page amendment cent decades at over 10 percent, and represent our constituents, and that that was tacked on to a 1,200-page bill, that’s unacceptable. means listening to our constituents which turned out to be a national en- It’s time that this administration and understanding what they’re talk- ergy tax bill at 3 a.m. in the morning and this Congress understand that gov- ing about. that came up for a vote that, again, the ernment spending alone is not going to And I think this week marks a defin- Members of Congress didn’t have an op- turn this economy around. We need to ing moment for this Congress and our portunity to read that amendment and be helping our small business. We need

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.163 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14956 CONGRESSIONAL RECORD — HOUSE December 15, 2009 to stop government spending. We need we spent were not adequately weighted any increase in our statutory debt to stop increasing our debt, and we towards infrastructure construction limit unless it is directly attached to need to be focused on helping those like was the bill that Mr. AUSTRIA and implementation of a bipartisan com- that create jobs across this country, Mr. LANCE and I cosponsored at the be- mission tasked with advising Congress the economic engine across this coun- ginning of this year. on how to get its spending under con- try, and that is our small businesses. And then $112 billion in other accu- trol as quickly as possible. We have it backwards. mulated bills throughout the course of b 1900 I think as a freshman class, you this year has gotten us to this point, know, we meet on a regular basis, and $1.4 trillion in deficit. I remain disappointed to hear that a $2 trillion increase may be attached to one of the things that we’ve talked Now I’d like to yield to the gen- a bill to fund the military, including about is how we believe that Ameri- tleman from New Jersey (Mr. LANCE) funding for our brave men and women cans, that we in Congress should allow to talk more about what are the con- currently serving in combat in Iraq and Americans, allow small businesses, the sequences of all this debt. Mr. LANCE. Thank you very much, Afghanistan. We all wholeheartedly taxpayers, give their money back to support our military and believe it Congresswoman LUMMIS, for your lead- them, give them an opportunity to should be provided the funding it ership. And certainly, it is a pleasure spend it to invest it back in the econ- needs. The attempt, however, to use to be associated with this Special omy and be able to create jobs and sus- the military as a political tool to pass Order. And I commend you for your tain jobs, but unfortunately, what’s a potentially massive increase in our happening here is we’ve got it back- knowledge about what is occurring debt limit is terrible public policy. wards. here in Washington. It’s also a pleas- There should be an up-or-down vote on Congress is taking the American peo- ure, always, to see our distinguished raising our debt ceiling. ple’s tax dollars, and government freshman colleague, Congresswoman As a matter of history, Madam thinks that it knows how to spend DAHLKEMPER in the chair. Speaker, in this decade, in 2001 there those dollars better than the American Madam Speaker, I rise today to draw was a budget surplus of $128 billion; in people, and they’ve got it backwards. this body’s attention yet again to our 2002 the deficit for that year was $157 And unfortunately, what’s happening is ever increasing national debt. In the billion; the next year $377; the next that this leadership in Congress is next day or so, we’re going to be asked year $412; the year after that $318; the brokering deals behind closed doors or to vote to raise our Nation’s statutory year after that $248; the year after that not listening to the American people debt limit. $160; and the year after that $454 for a and their constituents. And that mes- Back in April, the Democratic major- total for the 8 prior years, from 2001 to sage is very clear to me, and that is ity voted to raise the debt ceiling here 2008, of $2 trillion. That is 8 years. I am that more government is not the an- in the House by $800 billion, and that not excusing that. That is a great deal swer. would increase it to $13.29 trillion. of money. And with that, I will yield back to That bill is still pending in the Senate. This year, however, in the fiscal year the Congresswoman from Wyoming. Now we are being told that due to the that ended on September 30, we had a And again, I thank you for having this pace of spending of the administration 1-year deficit of $1.47 trillion. That’s $2 Special Order tonight with our fresh- and the congressional majority, an $800 trillion over the 8 years between 2001 man class. billion increase in the debt ceiling will and 2008, and in the fiscal year that Mrs. LUMMIS. I thank the gen- not be enough to get us through this ended this September 30, roughly $1.5 tleman from Ohio. fiscal year. We’ve been told that we trillion. And that will be replicated And the consequence of what the gen- will ultimately need to raise the debt again this year in the fiscal year in tleman from Ohio pointed out is illus- limit by nearly $2 trillion, and that which we now find ourselves. trated in this chart. Here is the Fed- will be a total debt ceiling of roughly Mrs. LUMMIS. Will the gentleman eral budget deficit when we began as $14 trillion. yield briefly? Members of Congress. The budget when Some blame the previous administra- Mr. LANCE. Certainly. we came in had a $459 billion deficit, or tion and the previous majority for our Mrs. LUMMIS. And the consequence just under half-a-trillion-dollar deficit. current fiscal situation. The fact is of what you’re just saying, which is so critical to this discussion, is the chart But since we’ve been here, this amount that the $2 trillion increase needed for that appears here. The interest pay- of roughly half a trillion has been in- next year is roughly equal to the total ments on that debt create a check- creased by almost a trillion, 950 billion budget deficits from 2001 to 2008. It is mark. In other words, this is 2008, the in increases from 2008, for a total of also true that prior to the onset of the beginning of this chart. And we were economic crisis, the budget deficit had over $1.4 trillion in deficits. Now, how seeing a bit of a decline in the interest been decreasing for the previous 3 fis- did we get there? dollars that we were paying. But here cal years, reaching a low of $160 billion Three hundred twenty billion dollars we are, today, right here, the end of in 2007. of that, roughly, is from lower tax re- 2009, and from here on, because of that 2008 then saw a dramatic increase in ceipts due to the recession. That’s the accumulated $2 trillion that you dis- the deficit as we started dealing with roughly 27 million Americans who are cussed over the earlier part of this dec- either unemployed or underemployed, the fiscal crisis, and we hit a $454.8 bil- ade, and then, the additional $1.4 tril- and they’re paying less in taxes, as are lion deficit in 2008. Unfortunately, the lion of this year alone, boy, those in- businesses and as are our families. So deficit for fiscal year 2009, which ended terest payments just take right off. we’re experiencing lower tax receipts on September 30, nearly quadrupled to And it creates this checkmark effect to because of our recession. $1.47 trillion due to the TARP program, the point that at the end of this chart, In addition, the stimulus bill has as Congresswoman LUMMIS has ex- 2019, U.S. net interest payments over added $200 billion to our deficit for this plained, and spending in the stimulus $800 billion. year alone, half in spending and half in bill and other aspects of spending this My gosh, that is as much as the stim- lower taxes. year. Now we are being told that for ulus bill that we passed at the begin- Then, an additional $154 billion for 2010, we must go another $2 trillion in ning of this year. bailouts for financial institutions and debt. Mr. LANCE. Thank you, Congress- the auto industry; $91 billion in bail- I implore our colleagues to stand woman LUMMIS. outs for Fannie Mae and Freddie Mac. with us in insisting that we get this Madam Speaker, Congresswoman Those, of course, are the GMAs that do spending under control and do so now. LUMMIS has pointed out what we are housing programs. The pace of irresponsible spending is going to face over the course of this Seventy-three million dollars in un- not only unsustainable; it is dangerous decade. And we have to pay our inter- employment benefits due to the reces- to the long-term viability of our econ- est payments first before we feed any sion, again, associated with this loss in omy and, indeed, it is a matter of na- hungry children, before we engage in tax revenue due to the fact that so tional security. This Congress must housing for those who need housing many Americans are unemployed and impose some kind of restriction on and jobs for those who need jobs. Be- the fact that the stimulus dollars that spending, and I will not be supporting fore we even fund the military we have

VerDate Nov 24 2008 05:01 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.165 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14957 to fund our debt. It crowds out other We, the Republican freshmen, want January. Spending and taxes separate needed spending. It also makes it much to do our part. We came here to reform dramatically. As you can see, the year more difficult for there to be borrowing the system. We want to reform the sys- 2009, which is illustrated by this tre- in the private sector, raising interest tem in a bipartisan way. And Congress- mendous separation right here, this is rates in the private sector to get this woman LUMMIS is taking the lead for where we are now, and the reason we’ve economy moving again. the freshman class on this, in my judg- taken in less taxes is because of the re- It is also ultimately a matter of na- ment, the most important issue con- cession. But the reason that we’ve tional security, because who is pur- fronting the American Nation, as im- spent so much are all the bills that we chasing our debt? It is being purchased portant as reforming the health care discussed from the beginning of this by foreign nations, by China, by Saudi system, as important as the burden hour. It has just become completely Arabia and by other nations across the that we share with others around the out of the realm of anything we’ve ever globe. And ultimately, he who pays the world, including the brave young men seen in the last 40 years. piper calls the tune. And this is a mat- and women who fight in Afghanistan So it creates a structural deficit, ter of national security. And undoubt- and Iraq. Because this, the debt issue, meaning a very, very wide gap going edly the American people will recog- is a matter of national security as well forward between taxes and spending. nize now what Congress has not yet as a matter of economic prosperity. This gap is projected by CBO to be be- recognized, and that is we have to get I yield back to the congresswoman. tween 5 and 6 percent. That’s more our Federal spending under control. Mrs. LUMMIS. I applaud the gen- than twice of what it has ever been No one in Congress thinks that we tleman from New Jersey for his view over the last 40 years. And it goes on can balance the budget this year. How- that we need to have tied to an in- and on from there. And so you can see ever, we need a glide path toward a bal- crease in the national debt a mecha- this projected deficit in the decade anced budget. And instead, we have a nism that will begin to address this coming forward, down here, is an enor- rocket in the other direction with ever- problem. One of the mechanisms is one mous gap over what it has been. That rising levels of annual deficits. that you mentioned that you support, is what you were talking about when The Congressional Budget Office pre- and that would be legislation that you said, will we give our children a dicts that by the end of this next dec- would create a commission to begin to better country than we received? And ade, our total debt may approach $20 advise us on this structural deficit. there is a real question about that now. trillion. That is simply unacceptable. And this chart illustrates why this And that is why we have to address it. It places an undue burden on the next structural deficit is so much worse I know you’re on a committee where generation. For the first time in the than it has ever been. Federal Reserve Chairman Ben history of this country, there is an One of the points in this chart you Bernanke has come, as am I, and said, open question whether the next genera- brought up in your discussion, and that you’ve got to come up with a plan to tion will have a higher quality of life was a point right here, this is the years deal with this problem, this specific than this generation. The promise of when we had the Clinton Presidency problem, the structural deficit. This is America has always been that each and a Republican Congress, and you the structural deficit. And it is caused generation works as hard as possible to saw tax revenues increasing over ex- by the mismatch between taxes and make sure that our children will have penditures as a percentage of gross do- spending. And while we as partisans a higher quality of life. Whether or not mestic product and creating the very get under each others’ skin by saying, we will have a second American Cen- surplus that you discussed. But what’s Democrats, you have spent too much; tury here in the 21st century the way really interesting about this chart is and the Democrats saying, Repub- the 20th century was an American Cen- the fact that it runs from the 1970s, ac- licans, you gave tax cuts at a time tury is now in question based upon this tually from the year 1969 to 2009, so it’s when we were at war. Well, we’re both fundamental issue that confronts all of a 40-year chart that compares spending right. And now here we are. I yield us in Congress, and that is the issue of to gross domestic product, taxes to back. out-of-control Federal spending and a gross domestic product, and then the Mr. LANCE. Thank you, Congress- massive debt that is increasing enor- deficit to gross domestic product. And woman. mously. the amazing thing is that when you Madam Speaker, the fact that for a Let me state, Madam Speaker, that look at gross domestic product, that is, generation, spending has been at in the 1990s, with a Democratic Presi- the value of everything we produce in roughly 20 percent of gross domestic dent, President Clinton, and a Repub- this country every year, and use that product for 40 years is noteworthy. And lican Congress, we did a better job. In as your constant, so we’re comparing the chart that Congresswoman LUMMIS 1997, the annual deficit that year was that over 40 years to the way that Con- has is extremely informative and re- $21 billion. The next year, there was a gress has spent money, the way that vealing. However, we are entering a surplus of $69 billion, the next year a Congress has taken in taxes, and then new era where as a percentage of gross surplus of $125 billion, the next year a to the deficit, what you see is remark- domestic product, governmental spend- surplus of $236 billion, that’s in year able stability, remarkable stability for ing is rising dramatically to 25 percent. 2000, the last year of the Clinton Presi- 40 years. It has always hovered around This is a significant and very dis- dency, and in the first year of the Pres- a little over 20 percent of gross domes- turbing difference. And the fact that idency of George W. Bush, a surplus of tic product in terms of spending, and over the next decade our projected defi- $128 billion. around 18 percent in terms of taxes. cits are so much larger than they have I want to give credit to President So there has been a structural deficit been historically as a percentage of Clinton. I also want to give credit to for all those years of roughly 2.4 per- gross domestic product is also dis- the Republican Congress then in power. cent, meaning for about 40 years we’ve turbing. And in a bipartisan fashion, And I think that it is a responsibility taken in a little bit less in taxes than we have to have a glide path toward of the Presidency and the Congress we’ve spent. And so it has created some fiscal responsibility. working together. In the 8 years of the deficits over time. But even the defi- I think that it is impossible to bal- Bush Presidency, 6 years with Repub- cits have hovered within that average ance the budget until we get out of this lican control of the House and Senate, of about 2.4 percent. The average then deep recession. But once we are out of there was a combined debt in those 8 is this dotted line down here, remark- this deep recession, and in my judg- years, let me repeat, of $2 trillion, and ably stable over 40 years. ment we are still in the recession, be- in this last year, the fiscal year that Now, look at what is happening in cause unemployment rates in this ended on September 30, we had in that the future. These are projections. The country are at 10 percent, the highest 1 year a deficit of over $1.5 trillion. And sources are the Congressional Budget they have been since 1983, a generation this year, we’re going to have that Office and the Office of Management ago—once we get out of this deep reces- amount yet again. I implore the White and Budget. So we’re talking about sion, we have to have a plan to make House to get serious on this issue of government agencies that are pro- sure that we move toward the historic annual Federal deficits and the overall jecting this. Here is the line for where average of no more than 20 percent of Federal debt. we begin the next decade starting in spending in the governmental sector at

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.167 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14958 CONGRESSIONAL RECORD — HOUSE December 15, 2009 the Federal level as percentage of gross We are joined by the gentleman from Look at how, in the 1970s, which are domestic product. Colorado, who is on the Small Business represented by this quadrant of the My own view is that we need a bipar- Committee. And small businesses in chart, then followed by the eighties, tisan commission to advise us, like the our communities are really hurting, as nineties, and this first decade of the BRAC commission regarding the clos- are community banks. 21st century, look how much defense ing of military bases, and then there Among the things that we have accounted for as a percentage of the can be an up-or-down vote on what is talked about with the Federal Reserve Federal budget near the end of the recommended by that commission here Chairman is the issue of how commu- Vietnam War, or, I guess, 1969, prob- in Congress. Some oppose that, but do nity banks sometimes have loans that ably about the height of the Vietnam not provide an alternative as to how we are performing, that every year the War. A tremendous amount was spent are going to do a better job. And to do borrower is making the payments, on defense and very little on medical nothing is to condemn the next genera- principal and interest. But when bank care for the indigent and the elderly as tion to a lower standard of living. It is regulators come in and look at those a percentage of our Federal budget; to condemn the next generation of loans, they are worried that the asset whereas, Social Security and non- businesses across this country with that is backing that borrower might be defense discretionary funding—which much higher interest rates because the a little shaky, so they might require is, of course, what we spend most of government crowds out private-sector the banks to write down that loan even our time talking about here in Con- borrowing. though it’s performing. I know that the gress—have been remarkably stable b 1915 Federal Reserve Chairman says that over that time. should not be happening if the regu- Defense has dropped dramatically The government is the borrower of lator is the Federal Reserve because over time. Here you see the decade that first resort. they’ve instructed their regulators not then caused the buildup into the end of And of course ultimately it could to do that, but we also know there are the Cold War. And then you see a demean a lowering of the credit rating of multiple regulators, including the De- clining, the ‘‘peace dividend’’ as we the United States of America. Obvi- partment of the Treasury, the Comp- called it, during the 1990s, which al- ously, we now have the highest credit troller of the Currency, and some of lowed Congress and the President to rating, but there are some who predict these regulators are still requiring that balance the budget. It has stabilized at that over time that will not occur. And these loans be written down. That is a a point of about 20 percent, even in this also, there are some who predict that tremendous disservice to our commu- decade that we have just completed. there should be a new currency world- nity banks and to their borrowers So it’s amazing how much defense wide, that the dollar should no longer whose loans are performing. has declined as a portion of the Federal be the currency that is favored across I yield to the gentleman from Colo- budget. But what is equally amazing is the world. Obviously, all of us in Con- rado. the amount in which Medicare and gress, including freshmen Republicans Mr. COFFMAN of Colorado. Well, Medicaid have risen as a portion of our who are discussing this issue tonight, thank you, Congresswoman LUMMIS. Federal spending and increasing. This favor a continuation of the American That certainly is the case. I think is an ever-increasing line, the red line, currency. that smaller banks in the United because of people like the three of us in The dollar is the currency that is States are paying for the sins of the this room. We are all baby boomers, honored across the world, but the Chi- larger banks. The Comptroller of the and as this massive generation ap- nese, for example, have floated the idea Currency has just come down on these proaches retirement and Medicare, that there should be a new inter- banks and has mandated a 20 percent that number is just going to go up and national currency, not the dollar, re- increase in their capital requirements, up. So unless we address Medicare in garding international trade. This is as and that forced them, as well, to pull particular as part of this commission a result of the fact of these ever-rising back on lending. And so credit is really that you mentioned, we are not going deficits year in and year out and the the lifeblood of small business, and to get there. result of the fact of an overwhelming small business is the economic engine I yield to the gentleman from New Federal debt, now at $12 trillion. In the in terms of jobs for this country. Jersey. next week before Christmas we’re Small businesses in my district and Mr. LANCE. Thank you very much going to be asked to raise it to $14 tril- districts across this country are hard for yielding, Congresswoman LUMMIS. lion. hit right now in terms of credit, in In 1982 and 1983, President Reagan es- We are not going to be asked to raise terms of their ability to get extensions tablished a bipartisan commission to it on a stand-alone vote on that issue. on their credit lines and their ability deal with the issue of Social Security. It is going to be part of a bill related, to fund capital purchases. All of these Based upon that bipartisan commis- I believe, to the military. I call again things have led to downward pressure sion, action occurred here in the Con- for a stand-alone vote on this issue, in terms of their ability to be that em- gress with the support of the adminis- and that stand-alone vote, Madam ployer, that engine that drives this tration that had the result of making Speaker, should include the establish- economy. Social Security solvent for almost a ment of some sort of mechanism to get Mrs. LUMMIS. Indeed, we are finding generation. We now have another chal- a handle on this situation, this, the that there are changes in our economy lenge regarding Social Security, and most critical issue confronting us not that are going to exacerbate some of particularly Medicare and Medicaid. I only economically but also as a matter the problems that we have discussed. think we should replicate what oc- of national security. Here is another fund chart. I want to curred in 1982 and 1983 with a Repub- I yield back to the Congresswoman point out that some of the things that lican President, President Reagan, and from Wyoming. I am discussing tonight have been in- a Democratically controlled House of Mrs. LUMMIS. I thank the gen- fluenced by an article that I read in the Representatives—and the Democratic tleman from New Jersey for yielding. National Journal by John Maggs, Party controlled the House of Rep- The Federal Reserve Bank, in my which I commend to your attention. resentative from 1954 until 1994, for 40 opinion, is now overleveraged. The Fed- The date was Saturday, November 7, years. We should come together in a bi- eral Government is overleveraged, 2009, National Journal. The name of partisan fashion to establish another meaning we have taken on too much the article, ‘‘The Debt Problem is commission to deal with the enormous debt both at the Federal Reserve, while Worse Than You Think,’’ not a very up- Federal debt. This commission could they’ve been trying to help our bank- lifting title, but I think very reflective also have the responsibility perhaps to ing system right itself, and we, in Con- of the problems that we are in and that discuss and evaluate the Medicare and gress, by not recognizing that in this we, on a bipartisan basis, need to begin Medicaid and Social Security issues. recession we, too, should be making to address after the first of the year. Perhaps there should be a second com- sure that government isn’t growing in This chart I found to be tremen- mission for that. an outsized way when it is, in fact, the dously interesting. The source, again, But it is clear, based upon the chart private sector that creates wealth. is the Congressional Budget Office. that Congresswoman LUMMIS has in

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.168 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14959 front of the Chamber, that Medicare that both versions—the one that is because we already have deficits and and Medicaid are rising rapidly. The being debated in the Senate that we’re debts that are out of control, and I be- largest cohort is the baby boom gen- aware of and that which was passed in lieve that can very well choke off the eration, those born between 1946 and the House—plant the seeds for new en- ability for this economy to ever re- 1964. Those of us who are on the floor titlements. And so I think that the cover because of interest rates and in- this evening are in that generation. Ob- American people are distrustful be- flation that are derived from deficits, viously, Congresswoman LUMMIS is at cause they know what government prolonged deficit spending. This is the end of that cohort, whereas Con- promised in terms of what the impact merely going to exacerbate the prob- gressman COFFMAN and I are in the of Social Security would be. They can lem. middle of that cohort. Let me say that remember what the impact of what Mrs. LUMMIS. I thank the gen- it is the responsibility of us working Medicare would be and how explosive tleman from Colorado for raising that together to address this issue. the realities of those are in terms of point. Let me also say that we count funds Federal deficits, and now the rising Mr. LANCE. This has the potential of that go into the Social Security Trust debt for this country, and how dam- bringing about generational conflict, Fund as part of Federal revenues. If we aging that will be. And so I think there because we rely on the working genera- had segregated them separately, our is real concern, and that concern is tion to fund programs through the annual deficits would be even higher very legitimate. taxes that they pay, not only the in- than they are. And when I state that So I think that before the Congress come tax, but also payroll taxes such the deficit for the year that ended Sep- of the United States engages in new en- as Social Security and Medicare. If the tember 30 of roughly $1.5 trillion—pre- titlements, it needs to take care of the next generation, beginning in the cisely $1.47 trillion—that includes the ones that we have and get them under workforce, is going to shoulder this monies that are paid into the Social control so that they don’t totally en- tremendous burden regarding our debt, Security Fund. So if we were to place velop this country’s budget and capac- and, in addition, shoulder a tremen- them in a separate pot of money, the ity to borrow. dous burden regarding Social Security annual deficit would be even higher Mrs. LUMMIS. Will the gentleman and Medicare and Medicaid, there is than it already is. yield? the potential of generational conflict. Mrs. LUMMIS. Will the gentlemen Mr. COFFMAN of Colorado. Yes. It is incumbent upon those of us who yield? Mrs. LUMMIS. Is it true that the serve here to make sure that that gen- Mr. LANCE. I certainly will. health care bill that passed the House erational conflict does not occur. It is Mrs. LUMMIS. Will the gentleman of Representatives a few weeks ago ac- the height of irresponsibility and, remind us to whom has the so-called cumulated about 10 years of taxes and might I suggest, it is, indeed, immoral Social Security Trust Fund been lent? fees to pay 6 or 7 years of benefits? to place on the backs of the next gen- And I yield back. And I yield back. eration this ever-increasing Federal Mr. LANCE. Thank you. Mr. COFFMAN of Colorado. Thank debt. This is new in its percentage. It has been lent to the fact that we you, Congresswoman LUMMIS. As you have rightly pointed out over are funding these programs that we Yes, that’s accurate. Because what it the course of the last generation, cannot pay, and really the deficit is did is the—I don’t think the benefits spending has been at roughly 20 per- much higher than that. And Medicare were effective until 2013, but the taxes cent of GDP. It is going to expand will be in the red in the next several started right away. And so it is decep- greatly, and the chart indicates, to 25 years, and Social Security not too far tive in terms of saying that—you have percent, and some have indicated— beyond that. to use some fuzzy math, some new ac- some economists have made it, in- Mrs. LUMMIS. Will the gentleman counting, new age accounting, to be creased it to 30 percent of GDP. That is yield? able to say that it’s deficit neutral. a dramatic and unprecedented expan- Mr. LANCE. Certainly. Mrs. LUMMIS. Will the gentleman sion. Mrs. LUMMIS. Are you telling me yield? The yearly deficit for the fiscal year that Social Security dollars that Mr. COFFMAN of Colorado. Yes. that just ended on September 30 was Americans paid into a Social Security Mrs. LUMMIS. Are you saying that, the most amount of money, as a yearly Trust Fund have been lent to the Fed- then, 10 years of taxes are going to deficit, as a percentage of GDP, since eral Government to spend on these pro- begin right away under the House 1945 at the very end of World War II, grams we’ve been discussing tonight? health care bill and the benefits are when we were fighting for our exist- And I yield back. not going to begin to be paid out until ence and, obviously, during World War Mr. LANCE. I thank you for yielding, year 2013? II, the most extensive war in the his- Congresswoman. Mr. COFFMAN of Colorado. That’s tory of the human condition. We were Absolutely, 100 percent accurate. It is correct. in a situation where we had to have not going for the purposes for which it Mrs. LUMMIS. And so what happens deficit spending. was intended based upon the Social Se- at the end of 10 years? But the fiscal year that ended on curity program established in 1935. I do Mr. COFFMAN of Colorado. Well, as September 30, 2009, had the highest an- believe that those who established the in all, it seems, programs that Con- nual deficit as a percentage of GDP Social Security program—Franklin gress starts, unfortunately, histori- since 1945. Let me repeat: That I be- Roosevelt, distinguished Members of cally they’ve been financially disingen- lieve that in this new fiscal year that Congress, including Sam Rayburn, uous, because at that point in time, runs from October 1, 2009, until Sep- Francis Perkins, the Secretary of clearly we are moving forward into a tember 30, 2010, we are likely to have Labor—that that generation would be deficit situation. an annual deficit that approaches the appalled by how we use Social Security $1.5 trillion annual deficit of last year. funds in this year of 2009. b 1930 This is simply unacceptable. Before And I yield back to the Congress- Mrs. LUMMIS. You are telling me we raise the debt ceiling, as the major- woman. that there is going to be a structural ity intends to do in the next week, we Mrs. LUMMIS. And I yield to the deficit in the very health care bill that should have a fundamental discussion gentleman from Colorado. we passed, in addition to the structural about where we are headed. We cer- Mr. COFFMAN of Colorado. Thank deficit we have been discussing to- tainly should have an up-or-down vote you, Congresswoman LUMMIS. night? in this regard. I think there is a fear of the Amer- Mr. COFFMAN of Colorado. Welcome I have written the Speaker of the ican people, as well as some of us in to government accounting, and I think House for an up-or-down vote. I am Congress that are here tonight dis- that that’s unfortunate. joined by freshman Republican col- cussing this issue, and that is that the I would hope that the American peo- leagues in this request and, instead, we health reform bill that has passed the ple would grow to understand this par- are likely to have a vote that is part of House and they are debating iterations ticular issue and ought to express their a larger appropriations act for the De- of it over in the United States Senate, concern to their Members of Congress, fense Department.

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.170 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14960 CONGRESSIONAL RECORD — HOUSE December 15, 2009 Mr. COFFMAN of Colorado. Con- such, and I think the American people brother and I were children in the little gresswoman LUMMIS, you and I were are beginning to understand, that un- town of Glen Gardner, Hunterdon both State treasurers; you from the less Congress can control its spending, County, New Jersey we would say other State of Wyoming, myself from the that the ability of this economy to children are doing this. My late mother State of Colorado. ever fully recover, that the con- would say, I don’t care what other kids One thing that we had, I am sure that sequences of this level of debt, in terms in Glen Gardner do. You are not going you had in the State of Wyoming, was of higher inflation, in terms of higher to do that. a balanced budget requirement that interest rates, will choke off this We have to acknowledge that, what every year we had to balance the budg- economy’s ability to ever fully recover. occurred in the past, recognize that et. It created a sense of fiscal discipline In addition, the situation is so bad there has been overspending. There is where you had to make tough decisions that internationally the focus is on the overspending now. It has accelerated, a in terms of tradeoffs. You simply United States and the mismanagement yearly deficit of $1.5 trillion, to be rep- couldn’t have everything and drive of fiscal policy, where you have a coun- licated, in my judgment, this year. your State into deficits and further try like China, the largest holder of This will mean leadership will pass to into debt. U.S. public debt, foreign holder of U.S. China or to some other Nation in the What is absolutely essential to have public debt, stating their concern world. And all of the democratic values in the Congress of the United States is about what America is doing to itself. we share together, freedom of speech, a balanced budget requirement where Mrs. LUMMIS. Are you prepared to in which I am now engaged, freedom of the tradeoffs have to be made, where say that the Republicans were wrong association together here on the floor hard decisions have to be made, where when they simultaneously passed Medi- of the House of Representatives, free- there has to be a reference point that care part D, the Bush tax cuts, and dom of religion and all of the other val- at the end of the day, revenues have to tried to sustain that during wartime. ues we share together, is ultimately equal expenditures. Without that, I Are you prepared to say that? based on American leadership. really fear for the future of the coun- Mr. COFFMAN of Colorado. They We do not want that leadership to try, I think, for the first time in my were absolutely wrong. There is no pass to some other place on Earth, to life, when we look at these deficits, question about it. China, to India or to some other coun- when you look at the debt, when we Mrs. LUMMIS. I would like to ask try as a result of these massive Federal think about the future of the country. the gentleman from New Jersey, do deficits year in and year out and an I know that Democrats have pointed you agree with that? Do you think we overall Federal deficit now of $12 tril- to Republicans and said, well, you did were wrong? lion and rising, based upon nonpartisan it in the past. Now it’s our turn. Mr. LANCE. I campaigned last year Congressional Budget Office analysis, Well, but, you know, I used to use against the policies, when it was a Re- to $20 trillion in the course of the next that with my mother when I was grow- publican President and a Republican- 10 years or so. ing up. I used to say all the other kids controlled Congress that had these Mrs. LUMMIS. It is the rare man who are doing it. My mother didn’t buy it, deficits. I point out that over the 8 has a constitutional amendment named and the American people aren’t buying years there was a $2 trillion deficit. after him. The Lance amendment in it today. That was too large. It’s even larger New Jersey will help right the ship in The American people aren’t buying New Jersey. We compliment you for now, and we have to work in a bipar- it, and they realize, I think, that they that work. tisan fashion to get this under control. have unease about what is going on in We are now about to begin to summa- Let me also say that I commend both the Congress of the United States. rize. I would ask the gentleman from the Congresswoman from Wyoming and They have an extraordinary feeling of Colorado to summarize this evening’s the Congressman from Colorado, both insecurity about what is happening in discussion. this country, not simply because the having been State treasurers, because Mr. COFFMAN of Colorado. As fresh- way the economy is right now, but you had constitutions in your State men we went to an orientation where they understand that the political that required a balanced budget. part of it was on the financial crisis class in Washington, led by the major- Unfortunately, in New Jersey, we which has morphed into an economic ity party, is pushing this country over have had a system where we have bor- crisis. And we had economists from all a cliff, and the American people get it. rowed without voter approval for about political stripes brief us. They said, Mrs. LUMMIS. The alarm you ex- 15 years. That was put to an end last You know, that it was right to do a pressed is shared by others. I would November when we changed our State stimulus, it was right to deficit spend, like to quote one sentence from this ar- Constitution. My constitutional but it had to be very temporary. It had ticle to which I referred earlier by amendment, the Lance amendment, to end with 2010 because the economy John Maggs in the National Journal, that prohibits further borrowing in was expected to improve and you didn’t ‘‘The Debt Problem is Worse Than You New Jersey without voter approval. want public-sector borrowing colliding Think,’’ for your reaction. New Jersey is in the equivalent situa- with a greater demand for private sec- ‘‘Simply put, even alarmists may be tion of California, and we have not dis- tor-borrowing. underestimating the size of the prob- cussed here the fact that there are It also said that it also needed to be lem, how quickly it will become un- quite a few States, including California timely and that it needed to be fast- bearable, and how poorly prepared our and New Jersey, that have tremendous acting. Unfortunately, it hasn’t been. political system is to deal with it.’’ annual deficits. Also it needed to be targeted, and they Your reaction? Of course, this comes out of the other differed about what being targeted was. Mr. COFFMAN of Colorado. Well, the pocket of taxpayers’ in these States, But it was interesting, the fact that tragedy of what I have seen in my first and taxpayers are burdened not only they all felt you had to start control- year here in Congress, as one of your here at the Federal level but at the ling the deficit by the end of 2010 or fellow freshmen here, is that it is all State level as well. you were going to have dramatic ef- about the politics of the moment. It is I certainly agree that we have to fects on the ability of the economy to all about the immediacy of how can we work in a bipartisan capacity. I also fully recover. placate the American people through agree with my colleague from Colorado It seems that when we look at this spending and not the consequences of that simply because, in the first decade $787 billion stimulus bill, more money, what’s going to happen to the next gen- of this century, the 8 years from 2001 to I think, will be spent in 2011 than has eration. 2008, there was a deficit of $2 trillion, been spent this year. It hasn’t been The only thing is that it’s done at that does not mean that we should con- fast-acting. It certainly isn’t tem- such a rapid pace right now that it’s tinue on this route and, indeed, accel- porary, and it goes on, and I would going to envelop this generation even erate on this route of irresponsible argue that it is not targeted, although before it hits the next generation in spending. Two wrongs do not make a the economists differed on what was terms of its adverse effects. right. targeted. I just think it’s extraordinary. I agree with my colleague from Colo- One thing they did say: They ques- Again, I believe that the deficits are rado. My late mother, when my twin tioned if you went to the bureaucracy,

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.173 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14961 if you chose government to be the So, though the actions that we’ve financial hole. And as we cleaned up stimulus, would it be fast enough? taken already, the American Recovery the mess, as we put the war in Iraq on- Could the government bureaucracy and and Reinvestment Act, have been help- line in the budget, as we took the the Federal Government move the ful to many, and, in fact, the CBO has doughnut hole that was created that money through fast enough? Clearly we estimated, actually found that it has has hurt our seniors who are Medicare have been able to see that it hasn’t already created or retained 600,000 to eligible as they have had to reach into been able to get the money out the 1.6 million jobs, we still have an unem- their pocket to work with Medicare door to make a difference to the econ- ployment rate that is staggering at 10 part D’s doughnut hole, that was not omy. percent and nearly 16 million Ameri- put online in the budget in a way that Mrs. LUMMIS. I wish to thank my cans out of work. So, far too many really reflected the costs of these pro- Republican colleagues this evening, the Americans across the country are with- grams. So now we have truth and hon- gentleman from Ohio, the gentleman out a job and far too many more are esty in our budgeting, but that has pro- from New Jersey, and the gentleman concerned about what tomorrow will duced an even deeper deficit because from Colorado. We are hoping that in bring. Forty percent of those who are we’re doing it with fairness and frank- the next year we will see a bipartisan unemployed have been jobless for at ness. effort to address this problem. least half a year. Now, with the task force and many f So we know, Representative TONKO Members in a bipartisan bicameral and I, that we have to put people back way, we hope, we can then get to the JOB CREATION to work, and it is not a simple task but picture of job creation. And that’s The SPEAKER pro tempore. Under it is an ongoing task. In fact, I’d say what it’s about right now in Wash- the Speaker’s announced policy of Jan- it’s a mission because, you know, I ington. How can we create the pro- uary 6, 2009, the gentlewoman from have heard it said that we’re in a job- gramming that will allow for the in- Ohio (Ms. SUTTON) is recognized for 60 less recovery. crease of jobs, be it in the energy-re- minutes as the designee of the major- Have you heard that, Mr. TONKO? lated field, in manufacturing, in our ity leader. Mr. TONKO. Yes, I have. And that parks, in our municipal levels of gov- Ms. SUTTON. I am pleased to be here certainly doesn’t cut it with the Amer- ernment with public safety, fire, and with my colleague from New York, ican public, with middle class working police numbers, teachers in the class- Representative PAUL TONKO. I am families across the country. It simply room? All of these efforts need to be BETTY SUTTON, and I proudly represent does not cut it. brought in and built, if we can, and we the 13th Congressional District of Ohio. But, Representative SUTTON, I do must build an innovation economy I am a member of the Task Force On want to commend you for the leader- that will be sparked by our growing the Job Creation of our caucus and, in fact, ship as co-Chair of our task force on competitive edge for our businesses so I am the co-Chair. Mr. TONKO serves on job creation. And I found your intro- that we can win and retain and grow that committee, and we are here today ductory comments to inspire a jobs. to talk about just that. We are here to thought: Let’s really look at how this Ms. SUTTON. Representative TONKO, talk about the need to create jobs, started. I know this is your first term, but it’s jobs, jobs in this country, both in the We went from a record surplus under hard to believe. I have to tell you, we near term and for the long term that the Clinton administration to a record are very inspired to have you here, and will be sustainable for our constituents deficit. Had we stayed the course, the you didn’t arrive a moment too soon. and people across this great country. deficit reduction plan of President The point that you make about the As we move forward, we have to Clinton would have been completed. It deficit, turning the surplus that was make sure that we secure an economy would have completed its mission this well established under President Clin- that will work for and with ordinary year. We haven’t seen deficit wipeout ton into such an extraordinary deficit Americans, because we may recall that except for one Presidency, that of An- under the last administration is a before the Bush recession began, the drew Jackson. So this could have been point that is a reality and, unfortu- Republican recession began, the reality an historic year if we had stayed the nately, is one that we have to deal of it was we had an economy that course. What we found was that people with; right? Because, you know, fight- wasn’t working for many Americans al- will talk about the deficit, which the ing two wars that weren’t paid for and, ready before it went off the cliff. deficit has driven this recession which as you point out, a lot of the costs done As we revitalize our economy, it’s in- went longer and deeper than any fore- offline that weren’t budgeted for. credibly important that we don’t just casted, and now it’s the daunting task But it wasn’t just an economic def- go back to the old ways where Wall of all of us who serve here in Wash- icit that was created; it was this jobs Street ran rampant and Main Street ington to stop the bleeding. And great deficit that was created that we also suffered, but that we create and—facili- indicators out there suggest, many key are here to deal with not only tonight tate, I guess, is a better word—facili- indicators suggest that that has hap- but until we resolve it. It has to be our tate an economy that will work for and pened, as you alluded to, with 1.6 mil- mission. with ordinary Americans, and that the lion additional jobs coming into the Mr. TONKO. Right. Some were prosperity of this great Nation and the picture, direct and indirect measure- shipped off into a foreign economy. promise of a middle class will be re- ment. We have also seen corresponding Others simply evaporated. And we saw stored. That is what America is at its to that a .3 to a .9 percent reduction in in record numbers the losses that were best, where the promise of a middle unemployment. That at least is wel- out there because they simply could class is vibrant and well and thriving. comed news that we could stop the not compete and stay effective. bleeding. But now the overwhelming I meet people every day in my dis- b 1945 task, the challenge, is to grow this trict, and I represent a capital region So before the recession, before the economy. And how are we going to do in New York State so that we have the Republican recession hit, the reality is that? benefit, the buffer, of public sector productivity and profits were up, and There are a lot of needs out there jobs. But our unemployment numbers as I said, Wall Street was reveling. And that require us to create those jobs, to are hanging near in excess of 9 percent. ordinary Americans, what was hap- funnel the resource to those jobs so as This is unacceptable. We need to do pening to them? Their wages were flat, to improve America’s competitiveness. much more work as we go forward. And at best. We are asking our businesses and our we applaud the efforts to date to take So the task force is here to say workers to function in a global econ- that surplus and apply it as a downpay- enough is enough. We need an economy omy, and there are investments that ment. But that’s as it’s seen, as a that offers economic opportunity to we can make, Representative SUTTON, downpayment. There are many more people who live in neighborhoods that will take us out of this economic installments to come in order for us to across this country, who live in rural catastrophe and allow us to climb build hope in the lives of people, and areas across this great country, not back. that’s what it’s about. just those who make a living on Wall But the last 8 years have been dev- You hear it. We’ve talked about it. I Street. astating. They have put us into a deep hear it in my district. The fear with

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.175 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14962 CONGRESSIONAL RECORD — HOUSE December 15, 2009 which people speak, the uncertainty of You know, one of the things that was mobile and they were sparking addi- their tomorrow, the need for us to pro- pointed out by you and is such an im- tional production for our auto indus- vide jobs for the youngest in society portant fact about how we got to this try, which is absolutely important. who are being released from higher ed level of a jobs deficit in this country b 2000 who are in search of employment. was the loss of manufacturing and the Those who have been chronically un- loss of this country’s investment in So some of these actions that we employed, as you point out, before this creating real value, and, instead, so take have positive follow-up actions. recession hit and as it hit, chronic un- much was put on Wall Street. Wall There are direct and indirect hits, and employment in many of our neighbor- Street took hold of the opportunity, all of that grows jobs, grows opportunity and speaks accordingly—favor- hoods. All of this has to be taken into with very little hindrance on greed ably—to an energy plan, to an environ- a full-picture view and create those sit- being the operative way of proceeding, ment plan, and to an economic recov- uations that allow us to be competi- and as a result, they ran rampant, cre- ery plan. So, across the board, all of tive. And I think we can do it. ating pretend value, trading and pre- these plans are responded to in a pro- For instance, in the energy-related tend value. And as a result, in Ohio, for gressive fashion. areas, we can grow jobs of the green example, bad trade policies and this collar variety. We can reduce demand The same is true, as you made men- reckless way on Wall Street, the lack tion, of the infrastructure issue. We for energy in this country. We’re the of attention to manufacturing and its most gluttonous society as it comes to think traditionally of roads and importance to the strength of our Na- use of our energy supplies. We send bridges. Well, many of those bridges tion and, in fact, the national security hundreds of billions of dollars into the that are measured ‘‘deficient’’ need to of our Nation, Ohio, since 2001, lost treasuries of unfriendly nations, those be addressed for public safety purposes. hundreds of thousands of jobs. That who inspire terrorist activities in our It also responds to the ironworkers country and around the world. We’re was long before the recession began. across America who will have to pro- So we know that there are certain sending hundreds of billions of dollars vide for the supplies, and it responds to things that will help us, and, of course, there. And do you think we could move all of those who work in the industries, the job creation task force supports forward with an energy security agen- in the trades, who are connected to the this idea, that we have to build and da, growing our energy independence, ordinary transportation construction providing for energy audits, creating strengthen our Nation’s crumbling in- projects out there. It is the cement energy teams that can go into neigh- frastructure. And I’m inspired by your manufacturers and those who are pro- borhoods, allowing jobs for those who words about the innovative spirit and viding all of the resources that are re- have been chronically unemployed or all the potential that exists in this Na- quired. All of that produces more than those recently unemployed, training, tion. Well, some of that potential needs just construction jobs on the scene. retraining programs through our com- to be applied to our legislation, be- There are many ancillary industries munity colleges to advance those en- cause while some of the ways that we that are favorably bolstered simply by ergy audits and then to do the imple- have pursued things in the past are this investment. mentation of the audits as they’re de- tried and true and we need to move for- When we talk about infrastructure, veloped? These are great jobs that re- ward in those veins that work, we also we can’t stop just with roads and duce our demand of energy through an need to think creatively. bridges. We need to look at the most energy efficiency program, allow us to You talked about the environment. efficient form of travel, that being rail, create American jobs as we generate Representative TONKO, you’re well and we need to look at building into our supplies locally through embracing aware that I was the sponsor of the that today’s ahead-of-the-curve sort of our intellectual capacity as a Nation, CARS Act, which became known, affec- responses with high-speed, energy-effi- inspiring investments in R&D, research tionately, I hope, as the Cash for cient rail. Again, that requires embrac- and development, and that will also de- Clunkers bill. But the thing about Cash ing R&D so that our brightest science ploy these ideas that are coming from for Clunkers was it shot down the old and tech minds can create efficient public and private sector R&D centers, paradigm that it’s either about jobs or braking systems and efficient cars that put those into working capacity for our the environment. It was about jobs and can be utilized in the rail transpor- Nation’s people. the environment. And we shored up the tation corridors. All of that inspires It’s the cleverness. It’s standing back jobs in the auto and related industries progress, and it allows us to take some and having a heart and a soul for our that people across this country depend of the brightest minds who can help us working families. And you know we upon for their livelihood and the rami- with the intellect and with the discov- can do it. You know that we have the fications and the ripple effects, taking eries that we require, but it also incapacity here as a legislative body, as people off of unemployment, giving volves a full spectrum of employment— the two bodies of the Capitol here in them the dignity and the opportunity from trades individuals over to the Congress, in working with the White to work a job, and at the same time Ph.D.’s. So we cover the full spectrum House. We can make it happen, and the achieving improved environmental in- of jobs out there, and we provide, will must be there because we have the tegrity and helping consumers to get again, hope for American families. way and the means to make it happen. something that they need during these You know, I think it is important Ms. SUTTON. Well, Representative difficult economic times, and it went also for us to look at the measures that TONKO, you put it well, and I know that right to them. we can inspire and encourage that find you speak for your constituents and so So it matters where you aim. No us working with the deployment of many people out there in America who more just aiming at Wall Street, be- these wonderful innovative and inge- are feeling what we’re speaking to and cause we can’t have a jobless recovery. nious measures that are used now by about. And you’re absolutely right. There is no such thing, in my view, is other nations. They know that they cannot wait any there, Mr. TONKO, as a jobless recovery Recently, the SEEC Coalition in Con- longer, that we can’t have inaction be- that’s meaningful? gress, of which I’m a founding mem- cause inaction is far too expensive. It’s Mr. TONKO. Not at all, Representa- ber—and it’s a brand new vehicle this far too expensive in not only lost tive SUTTON. year, the Sustainable Energy and Envi- wages, in, of course, being held hostage Again, I applaud your efforts with ronment Coalition—has been bringing to foreign regimes that are unfriendly Cash for Clunkers. You were a leader in in guest speakers. We had the most re- to us in the area of energy. making that happen. And you talk cent former Energy Minister of Den- We need to pass measures, some of about the merit that that brought, but mark in to speak to the group to talk which we already know are tried and let’s talk about the ripple effects that about the innovation that Denmark true and are necessary. We need to in- it inspired. Dropping that pebble into was doing with its economy on energy- vest in things like our infrastructure, the pond and having those ripple ef- related matters. Afterwards, I spoke to because we know that investment in fects reach into the auto industry, not him. Representative SUTTON, what he infrastructure puts people to work only did it inspire people to trade in an said to me was so telling. right away and also is accomplishing energy-inefficient automobile, but they I asked him, What was the inspira- the creation of real value. were now purchasing an efficient auto- tion? Where did you reach to get these

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.177 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14963 ideas that transformed the energy out- only want a chance to do a hard day’s put that focus onto this job package as comes for Denmark? work for a fair wage. We’ve gotten well as the infrastructure. He smiled broadly and said, Many of away from that in this Nation. While we are talking about energy, them are American patents. As to manufacturing, though, we water/sewer systems and water treat- We have not provided for that fund- might not make all of the things we ment centers, I would also say that, in ing mechanism to take the whiz-kid used to make, but we will make other my former life just before Congress— ideas in the lab and in the R&D cen- things—green energy products. We used after my years of service in the legisla- ters—both public and private and at steel to build the windmills, but right tive body of the New York State As- academia. We have not provided the now, we’re not using steel or our inge- sembly—I went over to NYSERDA and funding to deploy those into manufac- nuity, but there are so many out there led that authority. It is the New York turing or into retail use so that we can in the United States with the capacity State Energy Research and Develop- get the return on investment that was to do it and the desire to do it. They’re ment Authority. NYSERDA had many made. The Angel Network, the venture just looking for a government that will problems it had worked on with en- capitalists—that ‘‘valley of death’’ as work with them. That’s what we’re ergy-efficient water treatment centers. it is labeled—needs to be addressed. If about—finding ways to work with them So here are ways to help local commu- we do that, we are providing more jobs, to accomplish these goals, to create nities. Water is the commodity. They not just in R&D, but by inducing wiser the opportunity and to build the poten- say, in the next 30 years, it will be manufacturing operations. tial of this country that we all know transportation, water, and energy. We You know, you talked about manu- that it has and that it shall always need to invest in that infrastructure. facturing and the heyday of which we have. Let’s do it in a state-of-the-art fashion all know of the manufacturing that So it is really a pleasure in the sense where we are creating energy-efficient was here. I represent a series of mill that the challenges are hard but that water treatment centers. Let’s invest towns, which is a necklace of commu- the potential is greater. The potential in these centers, and let’s help local nities along the course of the Erie that we have before us outweighs the governments grow their job opportuni- Canal and the Mohawk River. They difficulties that we face, and we have ties. One of the marketable strategies were the Westward Movement. They to make that the case. That is our job is to have an abundant and up-to-date were the epicenters of invention and of here in Congress. water supply, a sewer treatment center innovation, staffed many times by im- So I am glad to be down here tonight so that you can have these facilities, migrant labor that created those ideas, to talk about these issues with you be- that infrastructure, in your midst. I which allowed us to rule the world. We cause, among all of the highest of high think that is so very important. created the Westward Movement with priorities, in my view right now, as a As you talk about the American that sort of canal activity and those Member of Congress, for the people Dream that your dad allowed you to mill towns. Today, those mill towns whom I represent, it’s jobs, jobs, and dream that took you to noble levels, it have gone rusty, but we can save man- jobs. began with education and higher edu- ufacturing in America if we do it Mr. TONKO. Well, Representative cation. So investing in the human in- smarter. We don’t have to do it cheap- SUTTON, anyone who knows you picks frastructure of education, investing in er. We need to do it smarter. that up as the mantra. You share that green schools and in improved schools With the emergence of nanoscience vision of a renewable form of energy in at the school infrastructure, all of this in this country, there is a nanoscience wind turbines that could be estab- needs to be part of our package. We center in the capital region of New lished. know that leadership is responding to York, which I represent, that just 2 You know, we don’t have the luxury that jobs agenda. We know that, as a days ago introduced an investment to sit around and let this opportunity task force, there is a lot of homework that will allow them to provide for pre- pass us by. We will have failed genera- to do. cision characterization and inspection tions of Americans if we do not ad- You have rolled up your sleeves as of product line development and manu- vance a sound agenda for jobs in the co-Chair with Representative facturing. This will take us a long way energy arena and across the board with HASTINGS. The two of you are leading to being the best and the smartest, and all of these aspects and dynamics of job us, along with the chairman of the cau- that’s the sort of investment that creation. It’s not like someone else cus, JOHN LARSON, and along with American workers deserve. America’s isn’t going to take over, because we are many of our standing Chairs, like families can have that hope brought now seeing robust activity in India, in GEORGE MILLER and, certainly, Speak- into the fabric of their families simply China, in Japan, in Germany, and in er PELOSI. All of us working together by the wisdom that can be inspired other centers around the world. So we can make this happen. There are great with sound public policy here and by have no choice. We cannot be lulled ideas that every Member is feeding this the investment of resources that can into a false sense of security. As if the body, and we need to move forward ag- make things happen. recession, deep and long as it is and gressively but effectively and intel- Ms. SUTTON. That’s exactly right, was, isn’t enough and as if the job loss ligently so as to create the package Representative TONKO. was not enough, we now are challenged which is the greatest pronouncement of As you point out, these initiatives by the actions of others who are mov- economic recovery that we can imag- have massive effects for the good of the ing past us. ine. whole. You get the benefit of the R&D So, for many, many fair and just rea- Representative SUTTON, it is great to jobs, and you get the benefit of all of sons—and maybe it’s something we work with you. I am inspired because the spinoffs and the manufacturing. I don’t want to acknowledge—we need to of the sort of intellect that you bring mean, that is what built this country. move forward aggressively with a to the discussion, and there are many That is what built this middle class sound jobs agenda that will speak to people with whom we have partnered that we aspire to. the heart and soul of this Nation: the who have it within their hearts and I’m the youngest of six kids from a working families of this country. souls and minds to make a difference. working class family. My dad worked Now, when you talk about energy Ms. SUTTON. Well, I am humbled by in a boilermaker factory his whole life. transformation and jobs that can be your words. You are very generous. Somehow, from those roots, in this created, isn’t it ironic that we will I have to say that there are those out great country, I was able to come to hear on this floor debates about wheth- there who, on the other side of the the House of Representatives of the er carbon emission is a reality in our aisle—and sometimes we hear about United States. I take that responsi- lives, all while these job opportunities how bad things are and, Oh, my good- bility so seriously because I know it’s are passing us by? Delay here is costly, ness, but we don’t hear solutions. You an unlikely story. It’s an unlikely perhaps into the millions and billions know what? It doesn’t take a lot to story that someone not born to wealth of dollars. Carbon emission? Let’s talk identify the problems. The American and privilege can sometimes come, in about job emission. Let’s talk about people know what this recession has this great country, to a place like this the job loss because, as we go forward, brought us. They know what happened to be a voice for people out there who it will be critically valuable if we can as the deficit skyrocketed under the

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.178 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14964 CONGRESSIONAL RECORD — HOUSE December 15, 2009 last administration and when the down here with this big gap in between gressive energy agenda and make Democrats took over from the Repub- these two, this is what household in- smarter outcomes, the outcome at our licans, who were in control of every- comes were. manufacturing centers, and inspire in- thing for many, many years. Now all Mr. TONKO. If you will suffer an vestments in our public safety workers, we hear sometimes is just about how interruption, if the gentlelady will our firefighters, our police, and bring bad it is. Well, how do you think we yield, I think in simple terms what back a strength in our education proc- got here? that is saying is some people were ess that won’t deny our future workers; So we are about solutions, and we are doing quite well and maybe perhaps re- our children are our present and our fu- about continuing to work on it until alizing a bonanza and others were ture. we accomplish what we need to for the asked to live with what they’ve got and All of this needs to be brought into American people, because nothing ever they stayed flat-lined. one intelligent package, as you lead us, gets done just by identifying problems. Is that perhaps an easy way to place along with Representative HASTINGS, We have to make things happen be- it? Representative LARSON and the leader- cause we get the results that we create. Ms. SUTTON. That’s a very descrip- ship of the House under Speaker Right now, we are living and are try- tive way of explaining what happened. PELOSI. As we go forward, this will be ing to fix the results that were created, Wall Street was having a party and the very important now to create a smart not by the party of ‘‘no,’’ as sometimes American people were in many cases in investment out of what was a huge ca- people refer to those on the other side the position of using credit even to pay tastrophe where we went again, to re- of the aisle—because they weren’t the for their most basic needs. Then, of peat myself, from the largest surplus party of ‘‘no.’’ They were the party in course, we know what happened. There to the lowest deficit, the greatest def- control. They were in control when were a lot of people in this country icit, and where we could have, had it wages were flat for the American peo- who also were subject to ever-esca- stayed on course, reduced the deficit to ple, when productivity was through the lating fees and all kinds of issues that zero in this given calendar year. What roof and when the GDP was rising as they faced as those credit issues a tragedy for all of America, and now well. So people were working harder. mounted or they, for goodness sake, the task of building a smart response They were working longer, and they got hit with a health issue. Even those has begun through the task force and were getting less. with insurance, we know so many were through the leadership of the House. In fact, Representative TONKO, I’m forced into bankruptcy. Why? Because Ms. SUTTON. Representative TONKO going to go down to the well here be- their wages and everything were way has put it very well in identifying that cause I have a graph that will show ex- down here. As productivity and GDP, there are many facets to what we have actly what was going on. somebody was making a lot of money, to do to provide the economic oppor- Mr. TONKO. It’s rather dramatic, and but it wasn’t the American people. tunity that the American people need to think of what was happening with Mr. TONKO. And whose pocket was it and deserve. productivity on a curve and as to what coming out of but the American work- What we see here is that even before was happening with GDP and with its ing families. And so when we think the recession, they weren’t getting the curve and then contrasting that with about this, the work that we have to economic opportunity that they need the average American incomes, with do, you know, somebody approved that and they deserve, because their wages the household incomes, it is a very there be no regulator, no watchdog were flat, while those at the top were, painful but telling story. over the financial sector. Somebody as I say, reveling in the process and Representative SUTTON, now that you approved that. Somebody said, Let’s their productivity, the productivity of are by the chart, explain for the Amer- create a doughnut hole and let people the American worker. ican public, if you will, just exactly make a record bonanza on the pharma- Mr. TONKO. If I can just ask you to what was happening through this time ceutical needs that our American sen- point on the chart what year where frame. Again, there was a lot of work iors require. Somebody said, Let’s give we’re starting to see the dip for the av- to be done to stop the bleeding. People a tax break to the upper income strata erage household income for Americans. ask, Well, what are you doing about and that will trickle down. Somehow It’s in the year 2000, 2001, where it real- jobs? What are you doing about the re- that chart is telling us that was a fairy ly begins to dip and just continued to cession? Wait. This took a while to tale; it was fiction, not truth. decline throughout that 8-year period clean up, and now it is time to move A number of these elements now or so that really inflicted pain upon forward with the Progressive agenda. come to haunt us. So bringing about American households. Describe for us, please, where this regulatory reform in the banking in- Ms. SUTTON. The gentleman from great recession began and just what dustry, in the financial sector, a step New York is right. It goes completely the curves tell us on that chart. done just a few days ago; making cer- flat before it falls off the cliff. It has Ms. SUTTON. Representative TONKO, tain there was a tax cut for middle-in- been a struggle for a long time, in no last year, when the so-called ‘‘melt- come America in the stimulus package, small part because of what you point down’’ occurred, there were a lot of an historic, largest tax cut for middle- out. I have heard it said that there was people where I live, as they listened to class America, part of the stimulus no sheriff and so people robbed the the experts say, Oh, we didn’t see this package; making certain that we now banks. Well, then there was no sheriff coming, who were all saying, What? start putting down payments onto and the banks robbed the people. We Are you kidding me? Because we’ve those issues like our energy infrastruc- saw some of that in recent times. been living this for quite some time in ture, which failed miserably in 2003, And the American people are smart. Ohio. where we didn’t invest in a domestic They know what was going on, and Part of the reason they felt that way agenda; ending this off-line, off-budg- they know how the economy was work- is that, if you look at this chart which eting of a war in Iraq that now is fi- ing for them. Now it was working a lit- is right here, it is entitled: Everyday nally brought on-budget, to have truth tle better than it is for a lot of people people were struggling before the great and honesty in the budget. now, but the reality is they still de- recession began. Productivity, GDP, All of this hit at once. And then in- serve better. And so we don’t really and median household incomes are re- vesting in a stimulus to stop the bleed- want to necessarily go back to this flected on this chart. ing. We had to bring things under con- place where there’s a big gap and all trol and now talk about the progress the wealth is concentrated necessarily b 2015 that needs to be made, needs to be up here with the American people still And what you will see is that while struck, in not only bringing about jobs not able to get by working two or three we saw for many, many years, while but inspiring an innovation economy, jobs. here is where our recession hits in a big those meaningful jobs that will be But it doesn’t have to be that way. way, according to the experts, what uniquely American or provide for We want people to make money in this was happening as we built up to our big America’s needs through her own country. We want capitalism to flour- recession? Productivity and GDP were workers and allow us to clean the envi- ish in this country. We want to facili- going through the roof, and this line ronment, respond to a favorable pro- tate that. But people who work and

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.180 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14965 contribute should be paid a fair wage, ery opportunity, and a strong sense of You’ve pointed out a lot of the things and they need to know the security of hope that we can build into the fabric that we need to do, in investing, re- a job that is going to be there, that op- of this country. search and development and innovation portunity will be there for themselves I think that we’re onto the start of a and infrastructure. You’ve pointed out and for their families, that they will long process. I chuckle when I hear how other countries in the midst of have access to the health care coverage people say, What have you done? The this global recession are doing that. that they need. unemployment rate is so high. The peo- That, too, is a factor that we can’t ig- That’s a point I will yield on. ple losing jobs are at this count. Where nore. We cannot stand still in these Mr. TONKO. Representative SUTTON, have you been? days. And to those who participated in I will say this. Interestingly in that I’m a new arrival. You have been bringing us the Republican recession flat-lining of the red curve on your working on these issues for the last that ended not only in such an increase chart is that period, that 10-year term and a half. We have witnessed a in the deficit in this country but also stretch, where we saw health care in- major collapse that, as you indicated, resulted in the jobs deficit in this coun- surance premiums more than double was very predictable. All the indicators try, some of those same people, Rep- while that income, that average house- were telling us what was going on. But resentative TONKO, will stand here and hold income, remained flat. What a turning our backs to a situation does say that it should be all about jobs, painful experience. not offer comfort to America’s jobless that we should be working on jobs. And then we all know through anec- or even those who hold a job with great dotal evidence of the many stories of trepidation that they may not have b 2030 catastrophic situations where people that job much longer. Well, we are working on jobs. And I were hit with—I can think of an exam- So, Representative SUTTON, your know that the CBO has said that ple quickly—a 37 percent increase in leadership in this regard, Representa- through the ARRA, that we have saved insurance premiums over 2 years, and tive HASTINGS, working with Rep- or created 600,000 to 1.6 million jobs. left with now one wage earner in a resentative LARSON and Speaker And I say to those who have been com- married couple household where they PELOSI, Chairman MILLER and our Ma- plaining about jobs, who didn’t vote for have to pick up $18,000 in medical ex- jority Leader STENY HOYER, everyone the American Recovery and Reinvest- penses. coming together, working through the ment Act, who brought us the sky- This recovery requires bringing committee structure, putting this to- rocketing deficit and the jobs deficit of health care into a reformed situation, gether in a forum that allows us to the Republican recession, you didn’t where there’s affordability, accessi- share openly and with great sense of vi- vote for the ARRA, so how many jobs bility, quality health care, making cer- sion, keen vision, we’re going to make have you delivered or saved for the tain that our Nation’s employers and this happen. We’re going to have a American people in this short time as the families are all benefited by flat- wonderful comeback, I believe. we pursue, as Americans, not as Demo- tening and then bending that health Ms. SUTTON. I thank the gentleman crats and Republicans, but as Ameri- care insurance premium curve. There again for his generous words and his cans, a path to recovery for ordinary are so many pieces to the puzzle that points that are right on the mark. families who need and depend upon us? You started out by talking about the are coming into play that this House, Mr. TONKO. Representative SUTTON, costs of health care and how they’ve this majority, has advanced as high you’re on to a very key factor. The been just skyrocketing as the Amer- priorities: energy reform, health care third quarter of this calendar year saw ican workers’ wages and American insurance reform, job creation and re- most of the growth, if not all of it in families have been flat; the burden that tention, making certain that services our economy, as something related to that has placed on people and the fact are provided in our communities, relief the stimulus, inspired by the stimulus, of the matter has led so many into to State governments. All of this is not as great as we would like, some 3 bankruptcy. We all know these stories. part of a package that will be put to- percent, perhaps growth, with a reduc- We all know about those who can’t get gether in a very academically, sound tion of .3 to .9 percent in unemploy- the care they need when they need it, manner. ment. But it’s a start. And I think that and it is because of cost. And when we do that, I think the We hear people out there, some of the when we talk about the transformation working families will be inspired by same people who brought us the Repub- that we can do with our energy agenda, the sort of attention that they will get lican recession and this economy where with generation, with reduction, effi- because they have not received that de- wages were so flat for ordinary Ameri- ciency should be our fuel of choice, gree of empathy, that sensitivity to cans, and they talk about how we what we can to do to reduce demand. their struggle and we have allowed this shouldn’t do this health care reform. All of that inserted into a sector like to go far too long. Finally now the re- The reality of it is, well, you know, no the manufacturing sector allows more cession, we hope, has stopped, the health care reform really wasn’t work- jobs because we can reduce the cost of bleeding has been stopped, and we go ing for the American people whose production which, again, the company forward now with the act of rebuilding, costs continue to skyrocket; and if we is competing in a global marketplace. rebuilding an economy, but we need to do nothing, the costs are going to con- We hear the stories. We hear the sad do it cleverly. We need to do it in a tinue to skyrocket. tales that are difficult. One in five chil- way that responds to many of the poli- The same is true about energy. There dren lives in poverty in this country. cies out there that will drive this Na- are those who may argue about the That is driving pain in the lives of so tion in terms of smart outcomes, merits of what we do, but to do nothing many families. When you hear stories smarter manufacturing investment, is going to result in the same results like people having a job for 15 years in stronger energy outcomes, a better and that we’ve gotten from doing nothing, the manufacturing sector, now losing more sustainable health care insurance or not taking aggressive action, that it; when I hear a dairy farming couple program. All of these underpinnings of brought us the Republican recession. tell me that they don’t think they can support, along with the job creation, And energy costs are going to go up afford their daughter’s high school are essential so that the jobs we de- and up and up while this economy has graduation ring. We need to address all velop are going to be there for genera- remained down here. sectors of the economy, including our tions and where they will be cutting- The good news is, as we take action agriculture as a sector. The dairy in- edge jobs that have not yet been on the to fashion this mission of job facilita- dustry needs to be responded to in a radar screen. If we can do that with the tion for the ordinary American fami- way where we provide those who work traditional mix of job sector out there, lies in this country that are its great 24/7 a fair return for the market, for job elements that will be available for strength, that it doesn’t have to be this the product, the produce they bring to our families, then we will have re- way, that we can all prosper, those who the market. There are so many chal- sponded in most wholesome fashion. make the most as well as those who are lenges that behoove us to be at our Then we can step back and say that we in the middle and those who aspire to very best. And now is the time, after have begun the process that now will the middle class. That’s the great all of this neglect, all of this destruc- bring a sustainable outcome, a recov- promise of this great country. tion that was allowed to happen, it’s a

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.181 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14966 CONGRESSIONAL RECORD — HOUSE December 15, 2009 huge mess to have cleaned up. And now very honored to serve and represent, tainable. But we were told if we pass it, we go forward and, inspired by the what they need and what they deserve. here’s where we’ll be with unemploy- many stories that are real in the lives f ment, at about 8 percent. If we don’t of people that will inspire our process pass it, gosh, we’ll end up almost at 9 to respond to people, I think is so key, JOBS AND THE RECOVERY percent. is so elemental. Elementary state- The SPEAKER pro tempore (Mr. So they rushed it through here. The ments out there that are made about MAFFEI). Under the Speaker’s an- stimulus rushed through here. And now various factors that drove job reduc- nounced policy of January 6, 2009, the what are we at? We’re over 10 percent tions in certain communities can be gentleman from Oregon (Mr. WALDEN) unemployment. That’s the red line. addressed simply by doing it in a wise is recognized for 60 minutes. You see, some of us on the Republican and sensitive manner. Mr. WALDEN. Well, it’s that season. side of the aisle actually come out of There are the tools at our fingertips. The Christmas season is upon us. And I the private sector. We actually have We are creating that package that will sort of felt like I must have been at the signed the fronts of payroll checks like respond to it. This will not be, if we Nutcracker, because I haven’t seen I have and my wife has. For 21, almost have our say as a majority, I believe, a that much spin since the sugar plum 22 years we were small business own- jobless recovery that is not going to fairies in the Nutcracker. ers. We took over a very small family render any sort of hope for people. It Let’s talk about jobs and the recov- business, got it out of debt, on its feet resonates with a flatness, with a pain ery. Let’s talk about fact and fact. and we grew it in 20 years. We em- more than a flatness. And so the charts When the American Recovery Act, the ployed 15 to 17 people in small commu- tell it all. The American workers tell it stimulus, was raced through this floor nities in Oregon. I know what it’s like even better when they are left without on a totally partisan move, we were to be a small business owner and com- a job, the dignity of work. We need to told to expect that with the stimulus, ply with the heavy hand of government be inspired by the past history that as you can see here in this chart to my regulation and the burdens of taxation spoke to us, the years of Franklin Roo- left, that this is what would happen to and all the things that you all in gov- sevelt, when a CCC and a works pro- unemployment. ernment think ought to happen be- gram, a WPA were developed, and they Now, remember, when the year start- cause you know best how to create jobs. What a farce that is. built this Nation and it responded ined and President Obama took office and the Democrats claimed control of So we see what happens when you frastructure-wise to the needs of com- throw money at a problem: You waste munities across this country, coast to the Senate with a 60-seat margin, that can overrun any filibuster—60 seats— it, and you don’t create jobs. You see, coast. We have a pioneer spirit of Republicans did have an alternative. which I spoke that was centered in the and a 40-seat margin here in the House means they are unparalleled in their My friends and colleagues who were on mill towns along the stretch of the the floor here earlier said that we had Erie Canal that gave a westward move- power and control and ability to pass anything they want anytime they want no alternative. Well, they know that’s ment, that brought itself first to Ohio, really not the case at all. In fact, the our neighbors to the West, and then in- and sign it into law. When the year started, unemploy- Congressional Budget Office evaluated spired an entire world. We created both of our plans and said the Repub- product designs and invention and in- ment was at 7.6 percent in January of this year. High, by national standards. lican alternative would create twice novation that drove a wonderful agen- the jobs at half the cost. da. No doubt about it. Highest it had been in many years. We were headed into a Now, there are a lot of smart Christ- Our hearts are full of the pioneer mas shoppers out there. Boys and girls, recession. No doubt about it. We’d been spirit. It’s the American way to solve men and women, come closer. There through unprecedented times. But we problems. That’s truly the American are a lot of smart shoppers out there were told if the American taxpayers spirit, and we can do it with the great who look for bargains, and they say, If would just go out and loan the Con- agenda here. I could get twice the product at half gress, actually it’s not the American Representative SUTTON, it has been the cost, that’s a bargain. Unless taxpayers yet, it’s our kids and so wonderful to be able to join you this you’re the Democrat majority in the grandkids that get to pay it back later. evening and to work with you side by House and the Senate and downtown, Right now we’re going to the Chinese side on the task force for creating jobs. then you want to spend twice as much We have a voice that will resonate on and the Japanese and the oil-producing and get half as much. You want to tell behalf of the working families in this countries and saying, Can you loan us the American people, Pass my plan and Nation, and we will talk about taking the money? But that’s the dirty little I’ll get you no more than maybe 9 per- that curve and swinging it upward so secret here. If you’ll loan us that $800 cent unemployment, somewhere in the that it’s not a flat line in the lives of billion, whatever it was, here’s where upper 8s. Actually, no, they said it people, because while that red line unemployment will end up. It’s going wouldn’t go above 8. That’s right. They looks painful, it’s even more painful in to just barely go up and come out at said it wouldn’t go above 8. the pocket when people realize that the about 8 percent. Oh, and by the way, we Whoa. It was at 7.6 and now it’s at job lost and the dollars lost and the op- were told by some of the Democrats over 10. And let’s talk about what hap- portunities lost are simply so real in who were all for this that if we didn’t pened to that stimulus. So how did their lives that they’re counting on us pass the stimulus into law, that unem- they spend the money? There was an to do our job and do it with tremen- ployment would go clear up to here. interesting report out in The Hill—$6 dous sensitivity. I thank you for your Now let’s look at what really hap- million borrowed from your kids and leadership. It’s been a pleasure to join pened. Many of us on the Republican grandkids, actually borrowed from the you this evening. side of the aisle said, That isn’t going Chinese, the Japanese, the oil-pro- Ms. SUTTON. Representative TONKO, to work. Just throwing more taxpayer ducing countries that buy our debt, and we thank you for your leadership of all money you don’t have, borrowing more our kids and grandkids will get to those you represent in New York and money from foreign countries that al- repay this with interest. Six million of all those you speak for across the coun- ready have loaned us more than they those dollars went to now Secretary of try. This is something that we can do want to, and throwing that out in rapid State Hillary Clinton’s pollster. in this great Nation, and we can do it succession may create a few jobs, but I’m not making this up, folks. This is together. We can do it. All of us within the long-term implications are dan- not a fairy tale. Two firms run by this Chamber have an interest in see- gerous for the future of this country Mark Penn, current Secretary of State ing our country prosper, and that’s because of debt. And you’re not going Clinton’s former Presidential campaign what the job creation task force is all to create that many jobs. Sure, in a pollster, received a total of $5.97 mil- about. And we will be back. We will be year or two you can’t help but create lion in taxpayer funds from the Demo- working in the meantime to make sure jobs, and we’ll talk about some of those crat stimulus that you heard created that we realize and we do our part to because a lot of them are created right all these jobs, solved all these prob- put forward the economic opportunity here in the Washington, D.C. area, not lems. Burson-Marsteller, a public rela- that the people that, as I said, we’re so out in real America, and are not sus- tions and communications firm run by

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.183 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14967 Penn, received the funding to advertise President’s goal. It was a home run. It tor. It’s bad enough with the bureauc- the analog to digital television switch was a home run.’’ racy that’s out there today trying to in 2008, reportedly saving three jobs at I told you a week or so ago about the get health care. I paid for health care the firm. Three jobs. $6 million. Of the $95,000 being spent to study Viking-era for our employees, my wife and I did, $5.97 million, $2.8 million was also allo- pollen in Iceland. Viking-era pollen in paid 100 percent of the premium. I cated to Penn’s campaign polling firm, Iceland, $95,000. Having been a small know what those cost increases look Penn, Schoen and Berland. At the end business person I’ve helped create jobs, like. We never could target enough to of the day, taxpayers spent $6 million and I’ve watched every nickel. You do figure how much they would go up. And to save three jobs. $6 million, three that when you’re in real America. Not I want to do something to reform jobs. back here. When you’re in real America health care, and I have supported many How many of you go home to your and creating real jobs, and you’re try- proposals to do so. constituents and say, in a town meeting to get to something we call positive The irony is the plans coming out of ing, Can you loan me $6 million, be- cash flow and maintain that, you this Congress, these plans however, in- cause I’ve got a brilliant way to create watch every nickel. You don’t let crease premiums on employers, drive three jobs for Hillary Clinton’s poll- $95,000 go out the door to study Viking- up the cost curve on those of us who sters and public relations people to tell era pollen in Iceland. You make sure are trying to figure out how to make people in America that, by the way, that you invest every cent correctly health care more affordable. The you are going to switch from analog to and effectively. You don’t just spend Democrats’ plan actually drives up the digital on your TV which, by the way, money rampantly. You don’t throw it cost curve, drives up the premium, puts they were very capable of figuring out out the door. It’s too hard to earn. And mandates on individuals and taxes on on their own. We didn’t need to spend you’re trying to grow your business. small businesses and will cost millions of jobs long term and make America the nearly $2 billion that was spent in You’re trying to expand your business. less competitive. the overall conversion effort to educate That’s what the American way is about. My friend earlier talked as if You don’t think capital doesn’t flow the public. They got it. They’re smart any more? You don’t think we live in a enough to figure this stuff out. And if the whole American recovery, the whole economy and the greatness that global economy? For heaven’s sakes. they’re not, they’ve got 12-year-old You don’t think we need to be on our we have, originated because of some kids that can figure out how to make best game and have the most efficient Federal programs in the Great Depres- the DVD not blink and the VCR not process available to create jobs and run sion, the WPA the CCC. And certainly blink. But anyway, $6 million, two a business? No. I sit here in amaze- they left a nice footprint behind with jobs. Two million on a dance theater. ment. I have spent all-nighters in my some of our fantastic park lodges and Oh, this one you’ll like. Los Angeles business trying to make it work. I have buildings. And they did some wonderful Times. The Minneapolis city council struggled trying to pay the bills, get up work. That is not the essence of Amer- recently voted to use Federal stimulus early in the morning, trying to figure ica’s economy. It doesn’t start and stop funds to convert a vacant, 99-year-old it all out, trying to cut your costs, try- theater into a center of dance instead right here in these two wells, the Well ing to create your jobs, save jobs dur- of funding a solar energy panel manu- of the House or there at the leadership ing tough times. We were in business 22 facturing plant that would have cre- tables. We are not the innovators and years. I have seen the good times, and ated seven times as many jobs. Now my creators of jobs. That is out there in we were successful in the end. I have friends who were talking before me America. seen the bad times, and I know what Ladies and gentlemen, in the real talked about the green energy jobs. that’s like. Well, here was a perfect opportunity, world, when somebody has an idea, But I also know that it’s important with your Federal tax dollars, to create they get a couple of people together how you spend your money. FOX News green energy jobs and the Minneapolis who want to believe in that idea, and reported recently the National Insti- city council decided to put it into a they put their money forward. They tutes of Health received $8.2 billion in dance theater instead. The dance don’t go take it from somebody like stimulus funds. I’m all for the National project will cost $2 million and create the tax man or woman does. They put Institutes of Health. However, NIH is 48 permanent jobs, according to the their money at risk. And they say, if conducting a $65,472 study on the rela- city. we do it a little better, a little smarter, tionship between HIV and sex in St. we can be successful. We can create b 2045 Petersburg, Russia. You think I’m jobs. We can benefit from that. And by making this stuff up, don’t you? $65,472 Interestingly, in the spring news- the way, it’s our money at risk as pri- to study the relationship between HIV letter, the theater estimated that com- vate citizens. So, we’re going to be real and sex in St. Petersburg, Russia. I pleting the project would actually only careful how that gets spent. We’re not won’t even go there. $700,000 on how create 26 full-time and part-time per- going to waste it on lavish offices and taxes, trade, and politics affects to- manent jobs. So in their spring news- all these things. That’s the real Amer- bacco sales in Thailand, Malaysia, letter, they said 26. Now it’s reported ica out there. Vietnam, and other nations in South- at 48. The solar energy panel manufac- You know what I’m talking about, east Asia. $73,000—you’ll like this one— turing plant, meanwhile, that was in small businessmen and women. You go to study whether the Asian tradition of competition for that stimulus money behind the counter and behind the dragon boat racing will enhance the received less than $300,000, compared wall, and they have a broken-down lives of cancer survivors—$73,000 to with the dance theater’s $2 million, yet chair and a computer that’s sort of look at whether or not dragon boat the plant would have created more wired together that they try and keep racing enhances the lives of cancer sur- than 360 jobs by 2011. But they couldn’t operating, and they have paper piled vivors. do the right, what is it, minuet? They around. I have been in your offices. I Why don’t we put it into screenings? couldn’t spin just correctly. They had one of your offices. I can show you Oh, that’s right. This is the adminis- weren’t, I don’t know, maybe they the pictures and the piles. I know what tration that says, women don’t really didn’t have the right tutu on or the it’s like to work day and night to make need to do breast screenings nearly as right shoes or something. They only your idea successful. That is the Amer- often or maybe at all. That’s a report had $300,000. The dance theater got $2 ican entrepreneurial spirit that works. that came out of this administration. million. And yet here in Washington under How absurd is that? Put your money in Americans could have created 360 the party that’s in power, they know dragon boat racing, don’t do mammo- jobs in Minneapolis. They made that no limit, no limit to Federal govern- grams. This doesn’t make sense to me. decision. Councilman Paul Ostroff was ment involvement in your life. They And I don’t think it makes sense to the single councilman voting against know no limit to borrowing, spending, Americans. the Center of Dance saying ‘‘the the- and believing that they should take We are looking at some of the other ater wasn’t creating enough jobs to over your health care. The Democrats spending. How about this one: $67,726 in qualify for stimulus money, whereas, want to put a bureaucrat between you, taxpayer money to send staff to a cus- the solar energy plant clearly fit the your insurance company, and your doc- tomer service seminar, the Green Bay

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.185 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14968 CONGRESSIONAL RECORD — HOUSE December 15, 2009 Press-Gazette reports. The Oneida ment has some unique roles to play. cards and spent like there was no rea- Bingo and Casino outside of Green Bay, But this is spending with reckless son not to. And they’re going to get the Wisconsin, used a Federal stimulus abandon. This is out of control. Debt bill. grant to send their staff to a customer held by the public rose above $7.5 tril- According to The Washington Post, service seminar. The 2-day seminar was lion, or over 50 percent of gross domes- when adjusted for the inflation, World held at a local technical college to tic product, the highest level of the War II, the Korean War, the interstate teach the casino staff how to handle share of the economy in 50 years. highway system, the Vietnam War, the confrontations with customers. When Speaker PELOSI took over, it race to the moon, and the Iraq War These are the investments. Do you was at $8.9 billion—trillion dollars. added up to $6 trillion. We are now at see why some of us, why every Repub- Sorry. It’s so hard to keep track of bil- 12, and we are headed to 20. In compari- lican voted against that stimulus? We lions going to trillions. We used to— son, the government will borrow $9 knew it was going to be wasted. well, I think 100 bucks is a lot. When trillion over the next decade. Now let’s go to the Congressional you’re spending taxpayer money, we’re Now, let’s go to a bill that just came Budget Office because they said in the talking billion, millions, forget it; bil- up in this House Chamber. It’s called first year or two you can’t spend that lions, we don’t even go there any more. the omnibus. Whenever you hear that much money and not create a few jobs, We are now talking trillions. word, shutter your children’s eyes and even though they are probably short So when Speaker PELOSI took over, ears. Omnibus. It’s really a bad thing. term. So I give them that. What they the national debt was $8.9 trillion. Now American families are hurting. Ten look at after that, though, is the debt why does that matter? The House con- percent unemployment. Democrat service cost that actually becomes in trols the purse strings of what gets leadership responds with a massive the out years, years 3, 4, 5, 6, 7, 8, 9, 10, spent. So whoever controls the House spending bill last Thursday. Last a debt drag on the economy. It will starts every spending bill. That’s how Thursday this came forward. And let cost us jobs because you can’t borrow the process works. It’s simple civics. me talk to you about that bill; 2,500 $800 billion and not have to pay it The House, the United States House of pages, nearly half a trillion dollars in back. Even the Federal Government Representatives, this body, you men spending, 5,000 earmarks on hundreds needs to learn that lesson. and women who are watching or here of pages, and we, under the Democrat Let’s talk about the debt, because I tonight know that that’s how it really leadership, we in the House of Rep- think that is the single biggest threat works. The President can veto it, but resentatives—do you know how much to our country’s future, to my son’s fu- at the end of the day, it’s the House time we were given to read it? ture, to your children’s future, is this and the Senate that get together. The Now I’m not Evelyn Wood. It takes enormous theft, intergenerational Congress controls the purse strings. me a little more, I’m not a great speed theft I think Senator JOHN MCCAIN The House originates these things. reader. We were given 2 days to read called it, where we’re taking money So $8.9 trillion; the debt is now $12 the bill since the conference report was from them. Actually we’re just stealing trillion. Every man, woman and child filed. their credit card, and we’re using it in America is responsible for at least 2100 like there is no necessity to ever pay it $39,000, and it’s going up to $45,000. b back, to buy things today that they get Under the President’s budget, the debt Two days. Half a trillion dollars was the bill for later. is projected to double in the next 5 spent. Two thousand five hundred At $1.4 trillion, this year’s deficit is years, triple in 10. It will be roughly pages, 5,000 earmarks, and we were more than three times that of a year three-fourths the size of the entire given 2 days. ago. I want that number to sink in; $1.4 economy by 2019. The omnibus contained appropriation trillion dollars this year is triple what Now I want you to think about a debt bills—$446.8 billion for those keeping it was last year. Oh, and who was that goes to $17 trillion, $18 trillion, $19 track. So half a trillion, 12 percent President last year? That’s right, trillion, $20 trillion, and how you ever over the combined funding levels for George W. Bush was. So they want to pay that back. When Republicans were the same six appropriation bills last blame the prior administration. And in charge of the Congress and before year. How many of you got a 12 percent certainly we all had our complaints at the 9/11 attacks and the wars broke raise? How many of you would just like times with any administration. But the out, we actually paid down debt, half a to have a job? How many of you got a facts are these: $455 billion deficit at trillion dollars worth. It was a proud 12 percent raise? These six spending the beginning of this last fiscal year; moment for our country and for this bills gave your Federal agencies a 12 this fiscal year, under Democrat con- Congress and for both parties. But it percent increase in spending. trol, House, Senate, White House, $1.4 was really Republicans who drove it. Now, there will be those that will trillion. We had a Democrat President. We say, Oh, but it was for this, it was for As a share of the economy, it’s 10 worked in a bipartisan way to get it that. Everything is wonderful when percent of gross domestic product. done, though. And the economy is you’re giving it away. Everybody That is the highest level since World strong. And we paid down debt. wants to be Santa Clause. There’s a big War II. Deficits, however, went up Now go with me on this. Ladies and bag in the back of the sleigh parked under both parties. That’s why we need gentlemen, boys and girls, get closer to right behind the podium here, I’m con- a constitutional amendment to require that TV because we’re going to go vinced of it. There are more presents a balanced budget. The great State of through some math here. I was a jour- than there are kids right now when it Oregon has had that in its constitution nalism major, not a math major, but I comes to this Congress; the problem is for as long as I can remember, and think I can figure this one out. Twenty we don’t have the elves’ workshop at maybe since Statehood. And it has trillion dollars is at issue here. To pay the North Pole. We’ve got kids at home forced the State legislature and the it off, presume that Congress would and families at home who are unem- Governor to make tough decisions to have to run a surplus of $1 trillion a ployed trying to figure out how to balance the budget. Sometimes I have year for a 20-year span and not spend make ends meet. You would think that agreed with those decisions, sometimes it, actually apply it to paying down the this government was running a huge I haven’t. Sometimes they’ve raised debt. How many in this Chamber to- surplus and would be able to help them, taxes and sometimes they’ve cut spend- night think that’s going to happen? but no, we’re running a huge deficit ing. But at the end of the day, they had Raise your—well, nobody raised their that hurts jobs, takes away jobs, and to balance the budget. hands. Because nobody believes Con- they spend 12 percent more. If you want to reform this Congress, gress will ever run a trillion dollar sur- Some of these bills, the Transpor- you would require that this Congress, plus under any condition and apply it tation-HUD bill was up 21.3 percent; every time, and the President, regard- to pay down the debt. State and Foreign Operations up 33.2 less of party, has to balance the budg- That’s why these issues today in our percent. In addition to the normal ap- et. You could have an exemption if country’s life are so critical, because propriations, the agencies funded in you’re at war or in times of emergency. we have taken our kids’ and grandkids’ this omnibus received a total of $128.2 I understand that the Federal Govern- and probably great grandkids’ credit billion in supplemental funding in the

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.187 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14969 stimulus bill that we heard about ear- work, but we haven’t seen them. They culture. We believe in renewable en- lier. So when you heard about this will raise the debt. They will spend— ergy—hydro, wind, solar, geothermal. stimulus, the American Recovery Act well, I don’t know. I’m told one of Renewable energy matters. It’s a good and how evil it was the Republicans them is going to spend tens of billions thing. And Republicans actually have didn’t vote for it, remember where a of dollars; I don’t know how much, supported renewable energy—I have lot of that money went; it went back don’t know where. and will continue to as long as it’s rea- into the government. It didn’t go out There will probably be a continuing sonable and doesn’t jack up rates. into middle America. It didn’t go out resolution to fund the government be- But you look at what’s happening into rural America. Some of it did, cer- cause the Democrats, who control the right now with the Speaker taking a tainly, but it did not go very far out- House by a huge 40-vote margin, 41, the government jet over to Copenhagen side of Washington. Senate with 60 votes, and the White with a whole bunch of Members of Con- So here is the final tally: The omni- House, even with that massive, over- gress. They’re going to go to that cli- bus spending bill I just referenced whelming, powerful control, couldn’t mate change conference. brings new spending for nondefense, pass the budget bills by the time the Now, let’s look at what happened nonveterans discretionary programs to fiscal year ended. here in this Congress when they passed a level 85 percent higher than 2 years Now, in America, in real America— the climate change bill, the global ago. that’s the area outside the Beltway of warming bill. I was on the committee Mr. POLIS. Will the gentleman yield Washington—if you don’t pay your bill that dealt with that legislation and it for a procedural motion? on time, what happens? What happens? passed in pretty record time. It’s a Mr. WALDEN. I will be happy to You get an interest penalty. What hap- $700, $800 billion cost. But what does it yield to my colleague. pens? Somebody says, hey, you’re be- mean to you as an individual American hind on paying your bill. When it hap- out there? Well, let me tell you. If that f pens here, nothing happens—except it becomes law, it means the loss of prob- REPORT ON RESOLUTION WAIVING will come November of 2010, I predict, ably 2 to 5 million American jobs be- REQUIREMENT OF CLAUSE 6(a) because I think Americans have had cause companies will look at all re- OF RULE XIII WITH RESPECT TO enough of what’s happened here. quirements and say either, I can’t af- CONSIDERATION OF CERTAIN But what happens here is they didn’t ford to continue to operate and I’m RESOLUTIONS do their work, they didn’t finish the closing my doors, or I found a cheaper Mr. POLIS, from the Committee on process, they didn’t pass the budgets, place to manufacture my product than Rules, submitted a privileged report they didn’t meet the deadlines. So now the good old USA, so I’m going to go (Rept. No. 111–379) on the resolution (H. we’ve punted into 2010 for the budget and open a factory in China or India Res. 973) waiving a requirement of year we’re already in. Both parties that doesn’t play by the same rules clause 6(a) of rule XIII with respect to have done this. That’s why we need to that this law has and I’m going to consideration of certain resolutions re- reform the process. But, hey, they con- move my jobs over there. Sorry. Just ported from the Committee on Rules, trol 60 in the Senate; that gets you one too many things. which was referred to the House Cal- past any filibuster, 60 votes. They con- So for the average American, it endar and ordered to be printed. trol the House with a huge margin, and means the loss of a couple million jobs. the White House, and not even with This is being done intentionally. They f those margins, with single-party pow- are passing this knowing what the esti- JOBS AND THE RECOVERY— erful control of both Chambers of Con- mates show from the National Associa- Continued gress and the White House could they tion of Manufacturers, the Black pass the budget bills. That’s why you Chamber of Commerce, and other orga- The SPEAKER pro tempore. The gen- had the omnibus at the end of the week nizations that have looked at this leg- tleman from Oregon may proceed. where they lumped six of them to- islation, this cap-and-tax, cap-and- Mr. WALDEN. Mr. Speaker, I assume gether and jacked up the spending by trade legislation. They’ve said, we’ve that that is the rule coming out of the 10, 12 percent. run the numbers; this is going to cost Rules Committee that provides for So here’s the final tally: The omni- us a lot of jobs, puts new taxes on it. It same-day consideration of four pieces bus brings the new spending for non- is a huge, big Federal involvement in of legislation. Would that be correct? defense, nonveteran discretionary pro- everything you and I do in this econ- PARLIAMENTARY INQUIRY grams to 85 percent higher than just 2 omy. Mr. WALDEN. Could I ask a par- years ago; 85 percent higher spending But what else does it mean? If you’re liamentary inquiry? by the Federal Government. You want a consumer and you happen to live in The SPEAKER pro tempore. The gen- to know where your money is going? the great Northwest and are a cus- tleman will state his inquiry. Out of your paycheck, into this body, tomer of Pacific Power, they’ve re- Mr. WALDEN. Does clause 6(a) pro- and out into the bureaucracy. viewed this legislation, they’ve run it vide for same-day consideration of the So it should come as no surprise dur- through their power production model bill? ing this time—which tracks with the and out comes the data. The data on The SPEAKER pro tempore. The gen- recession that has eliminated 2.9 mil- what the cap-and-trade that the Demo- tleman is correct that clause 6(a) of lion American jobs—the salaries of crats passed, Speaker PELOSI’s bill, rule XIII addresses same-day consider- government bureaucrats have exploded. would do to a Pacific Power customer ation of a rule. According to a story in USA Today, in Oregon and the rest of their region Mr. WALDEN. Thank you. Federal employees making salaries of is, in the first year your electricity So what you’ve heard there is a pro- $100,000 or more jumped from 14 percent rates, as high as they are today, will go cedural action that has importance be- to 19 percent of civil servants during up 17.9 percent. You know, maybe this cause it comes right in the point I’m the recession’s first 18 months. And is the year you do want coal in your talking about with the omnibus, where you wondered where the money is stocking. 17.9 percent is what your we had 2 days to consider a bill that going. electricity rates will go up. costs American taxpayers half a tril- Let’s go back to the Republican plan Now, that’s bad enough. Maybe you lion dollars. because, once again, when it came to have put in the fluorescent lights—and What is coming up next are the four the deficit, a lot of us came out of the I think Oregon has been a real leader in ‘‘go home’’ bills. These are the four private sector, small business. Every that effort—to reduce your energy con- bills we’ve got to pass in order to wind business that makes jobs is a good sumption, maybe you’ve weatherized things up before Christmas, and they thing, frankly, in America these days, and caulked, done all the things to re- will take these up tomorrow. I haven’t but I happen to come out of small com- duce your energy consumption, maybe seen them, have you? Have any of you? munities and represent a district that’s you just crank it back down to 67 in- Nobody here has seen them. Maybe 70,000 square miles of gorgeous coun- stead of 68 degrees in the winter and they have in the Rules Committee try, high desert plateaus, forested not run air conditioning in the sum- which just apparently has finished its mountain ranges, wonderful agri- mer. You do everything you can.

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.189 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14970 CONGRESSIONAL RECORD — HOUSE December 15, 2009 Maybe you can adjust for that. But omy functions; $3, $4 and $5 diesel He said in a speech in Utah that the here’s what it does when you go to the about killed them economically. purpose of these reserves was twofold: gas station. There are estimates out So why don’t we access our great oil to make sure that we had good clean there that say the cap-and-tax bill that and gas reserves? We should. And we water for agriculture, and that we had Speaker PELOSI and others in this generate revenue to the government timber for homemaking, homebuilding. Chamber passed will drive up the cost that, if you had a fiscally responsible Now, those are the two purposes he of gasoline in America by 50 cents, 60, Congress, would use to pay down the outlined in a speech in Utah at about 70—some say as much as $1. Nobody debt and pay down the debt before our that period. Those are the purposes. really knows for sure until it takes ef- kids come of age and our grandkids Now, we know we have evolved since fect. come of age. That is the Christmas then. Clearly, though, we have not Explain this to me. This is like bad present I would like to see. That actu- evolved from wanting good, clean Santa. Explain this to me. This isn’t ally would be like sort of good Santa as water, healthy green forests. We do the present I want. I don’t want higher opposed to bad Santa. Bad Santa says, need lumber. gasoline prices. Don’t you think that we’re taking away everything we have. The choice that the liberals have had an effect on our economy? It cer- We’re going to rely on foreign imports made in this government and in this tainly did on the families I talked to at for oil and gas. We’re going to jack up Congress is away from active manage- Grants Pass and Medford and John Day your electricity rates. That’s not ment to locking things up and calling across my district that commute great Christmas like I know it. it management, calling it preservation. distances. I want a real Christmas, where we As a result, you have forests across the You know, if you’re a farmer or a put people back to work in the private West that are overgrown and choked. rancher, you saw what it did to the sector, not trying to figure out some- They can’t breathe. You are standing price of your fertilizer when natural thing about Viking era pollen in Ice- on their air hose. gas went up. You saw what it did when land—that’s where some of your stim- Meanwhile, you have all this ladder diesel went up to $5 a gallon. We should ulus money went—or jobs that last a fuel building up underneath them be- be accessing America’s great energy re- day or two or a week or two and then cause for 100 years we have suppressed sources, not importing them. We go away and get counted as if they’re fire. Smokey Bear worked, convinced should be working toward new fuel-effi- permanent. I want permanent, family- us we can go stop forest fires. We spend tens of millions, hundreds of millions cient vehicles and backing up that re- wage jobs. This country can get back of dollars, whatever the figure is every search. I actually drive hybrids on both on its feet if we get this Congress out year to fight fire. It’s over half, I be- coasts. I’m fortunate in that respect. I of the way. lieve, of the Forest Service budget now want to reduce my fuel intake and con- But as I talk to business people, I goes to fight fire when we should be sumption, and I just don’t like sending hear time and again, I can’t keep pace doing the work on the ground to pre- the money overseas where we get a lot with the change coming out of Wash- vent fire. We should get these forests of our fuel, frankly. I want to do my ington. You’re changing everything re- back into balance, get that ladder fuel part. I am fortunate and able to do lated to energy. I don’t know what out of there. that now. A lot of people aren’t; those costs are going to be, I don’t they’re stuck. They can’t buy a new It used to burn up naturally, but we know where you’re headed, I don’t started fighting fire, we allowed it to car right now. They might not even know how I’m going to deal with that. have a job. My State is like the sixth grow up, and we quit managing. The And then health care takeover by the outcome is like your yard when you highest unemployment in the country. Federal Government, same sort of I’ve got five counties that are lingering never prune or clean or weed or mow or thing. Is the government going to run do any of that. It just becomes a mess right at 20 percent unemployment. all this? Am I going to run all this? This is tough. and out of balance until something cat- What’s that going to cost me? Am I astrophic happens. The catastrophic Rather than access our great oil and going to pay a penalty? There’s an- reserves that—by the way, there are es- thing that happens is fire. other couple million jobs projected to Fire is the great equalizer of the for- timates that at the peak price of gaso- go away with the government takeover line in this country, that America’s est. It is the biggest clear-cutter out of health care. there, and it is devastating when there great oil and gas reserves, if not And the debt. People who do have blocked off by the Congress, the Demo- is such a fuel load as exists today. The some money and want to invest in a fires burn and they release enormous crat-controlled Congress, if we had ac- start-up company are sitting on the amounts of carbon, not only carbon di- cess to those, it would produce a value sidelines because they don’t know what oxide but also all kinds of pollutants of $60 trillion. Now, that was at the is going to happen on tax policy. Do into the atmosphere, including particu- peak of the value of gas and oil, cer- the tax reductions that spurred a very lates that are equivalent to vast vol- tainly, but let’s say it’s off by half and strong economy go away or do they umes of automobiles on the highways. it’s only $30 trillion. Remember that stay? Do people who have some level of Now, you are not going to stop every debt I talked about earlier, the debt wealth lose it all to the Federal Gov- fire. Nature has a wonderful way of that could be $20 trillion? What if we ernment on New Year’s Day of 2011? continuing to participate in the man- actually developed our own oil and gas b 2115 agement process. We can get out and resources in America, became less de- protect our watersheds and we can put pendent on Hugo Chavez and Venezuela Do their kids get to continue the people back to work, because this real- or some of the other countries that family farm or family business, or does ly is about jobs, jobs in the woods. frankly aren’t real friendly to us? What the tax man show up with the under- In my district, where we have 20 per- if we stopped funding some of the taker? That’s the choice. That’s the cent unemployment or nearly so, and it things they do that actually work choice. is probably actually higher than that against our way of life by not spending It doesn’t have to be that way. We in some areas because people have money on oil? What if we developed our can create real jobs in this country. given up—we are sixth in the country own resources? And they will say, well, Let me tell you about the other real with unemployment—the policies of it will take you 10 years. Well, let’s get jobs you can create, and that is in the the Federal Government on Federal started. That’s my view. Let’s get great Northwest woods. Now, you have land have been so over the top that we started. While we work on a transi- heard me on this floor before advocate have lost the jobs. We have lost the tional vehicle that doesn’t have to use for bipartisan legislative changes, mills. In some communities, they are oil and gas, which I’m all for; but in changes in the law that have achieved close to losing hope. Nothing this Con- the meantime, there are a lot of work- broad support in this Congress to allow gress has done has helped them in a ing Americans that have to take that us to go out and be good stewards of measurable, sustainable way. pickup, hook up that horse trailer and our Federal forests. Teddy Roosevelt Last week, my colleague from Wash- go out and do their work on the cattle created these forests in 1905. He began ington State, BRIAN BAIRD, who, unfor- ranch. There are a lot of people hauling that process with the great forest re- tunately, just announced his retire- things back and forth so that our econ- serves. ment from this body, he and STEPHANIE

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.190 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14971 HERSETH SANDLIN from South Dakota, You know, the omnibus that passed We ought to have at least 72 hours to WALT MINNICK from Idaho, CATHY last week, the bill that spent a half a read the bills. That ought to change. MCMORRIS RODGERS from Washington trillion dollars, we had 2 days to even Now, I know when I filed a discharge State and others who care about our think about it. It’s just not the way to petition, and that goes in a box over great forests, offered up legislation to legislate. It’s not responsible. It’s not here—or, actually, not in a box. They take a successful law we passed in a bi- becoming of this body. It is not how we keep track of it over here on a ledger. partisan way and expand it out over should operate, regardless of which All it takes is 218 Members of the what they call condition class 2 and 3 party is in control. Right now, the House, which is a simple majority, to forestlands and allow our professional Democrats are in control, so they get go sign that petition and then it comes scientists, biologists, geologists, hy- the glory and they get the responsi- up for a vote. But the Democrat leader- drologists, all the people involved in bility, and it needs to change in terms ship in the House has made it very forest management to get out there, of how we operate. clear to their Members not to sign the get unshackled from the courtroom My colleague, BRIAN BAIRD from petition. Only six of them have. I com- and the computer, get away from the Washington State, and several Mem- mend those for standing up for what’s lawsuits and, well, the litigation, the bers on both sides of the aisle sup- right for this body and this process and lawsuits, and get out and actually do ported an effort to get it some reform for the American people, those six who what they were trained to do. Get our that said we should change the rules of signed it. The others have buckled at how this House operates so that the forests back in shape. Protect the wa- their knees, apparently, and refused. American people, the Members of Con- tersheds and the environment. Put peo- They have walked away. It’s available gress, and the press could see legisla- ple to work. today to be signed, tonight, tomorrow, I mention that we use lumber in this tion on the Internet, the great equal- when we come back in January. The izer of information, on the Internet at country. This is a carbon sink right American people are watching. They least 72 hours before it comes up for a here, this podium. This is wood, you know that this would be a good thing. vote on this House floor. We are talk- know that. This is wood. This is a car- They know that this would be a good ing 72 hours. Now, I think it ought to bon sink. This was a tree once. What thing. be 2 or 3 weeks, by the way. we do now is we put off limits our Fed- Remember, this omnibus spending I see we now have the omnibus which eral forests for active management and bill was 2,500 pages. Nobody in here has arrived. When we talk about 2,500 harvest, for the most part. Instead, we read it before they voted on it. I voted pages of spending, this is it. This puppy import wood from countries that have against it, by the way, because I think is 2,500 pages of spending. This is what virtually no environmental, enforced it’s irresponsible. I wasn’t alone. I the Congress was given 2 days to work environmental rules. As a result of think every Republican voted against its way through. This is half a trillion that, we just shift the problem and it, just like we did against the stim- dollars. Have you ever seen half a tril- make it worse somewhere else. Rather ulus. This stuff is not responsible, lion dollars? This is it, right here, half than responsibly managing our forests, folks. There are alternatives we have a trillion. Come on down, we will get it we let them go up in smoke. We have offered, not on that one, because I half price, half a trillion dollars. catastrophic, destructive wildfire that don’t think we were allowed to, but Do you wonder why the deficit is so does terrible damage to our watersheds certainly on the others. On health care big? No time to consider this thought- and habitat, kills firefighters, kills and on energy and on creating jobs, we fully, thoroughly, rush it through. people in their homes, burns up their have offered real alternatives, and we Rush it through, 2,500 pages. homes. will talk more about those in subse- The stimulus, the Recovery Act that There is so much we could be doing if quent evenings. spent $787 billion. You know, I told you we got an economic model that works. This notion that we should have 72 we had 2 days to consider this omnibus It’s not just because we don’t spend hours should be bipartisan. I say to my spending bill, 2 whole days, count enough Federal money. You know, one colleagues, I guarantee you, if that res- them. When the stimulus bill passed in of the things that drives me over the olution to change how we operate in February of this year, the House was top, over the edge, off the cliff, is when this assembly were to come up for a given 12 hours to review it, 12 hours. It people say to me, If I just had more vote and it said we get 72 hours, these was 1,073 pages, 1,072 pages, spent $787 government money or more govern- bills go on the Internet for 72 hours so billion. Remember, that’s where that ment employees, I could solve that the whole world can read them and un- Viking pollen study in Iceland comes problem. derstand them—and, by the way, give from, or the sidewalk around a casino We are at a debt load that is us input of what may be wrong in them or sending casino workers to sort of unsustainable. Not every problem de- before we vote on them. That’s a con- sensitivity training. Don’t be so rough mands a government solution from cept that’s novel. If that resolution on the slot machine. Be nicer to the Washington, D.C. In fact, we should be were brought to this floor and the yeas craps table. I don’t know. more creative than that. You know, and nays were called for, I doubt there Cap-and-trade, passed in June; $846 spending somebody else’s money isn’t would be a dissenting vote. Does any- billion is the cost of that bill, accord- that hard. In fact, you can throw it one in here think there would be a dis- ing to the Congressional Budget Office, away, as we have seen with a lot of the senting vote? Nobody would want to go 1,428 pages, 1,428 pages, 161⁄2 hours to stimulus money. Throw it away, the back to a town hall and say, No, you consider it. Oh, by the way, they causes and programs that study in pol- shouldn’t have 72 hours to read the dropped a 309-page amendment at 3 len from Vikings. I have got to find out bills. o’clock in the morning. Now I am going about those Vikings with pollen. I You know, I began to ask this ques- to tell you, nothing good happens at 3 don’t know if they used Claritin or not, tion when we were taking up the cap- o’clock in the morning. Nothing good but something was going on there. and-trade bill, cap-and-tax bill, the happens at 3 o’clock in the morning. You can throw money out the door, global warming and climate change bill You can get hit with a golf club at 3 flush it away. Those of us who have in the Energy and Commerce Com- o’clock in the morning, 309-page been in the private sector, small busi- mittee, the administration Cabinet amendment, 3 o’clock in the morning, ness, know that every dollar is hard to secretaries who came before us to tell 161⁄2 hours for consideration. get. Making a profit ain’t easy; it’s us the great, wonderful nature of this The health bill, introduced July 14, tough. That’s why you are so tight legislation. I asked a simple question 12:51 in the afternoon, $1.28 trillion. Re- with your funds. of every single witness that came be- member, we are talking T’s now. For- You know that the good times come fore us: Have you read this bill? Have get hundreds, thousands, millions, bil- and the good times go. If you are suc- you read this bill? With one exception, lions. We are now, in this Democrat- cessful enough, you try and set aside a and that person was right at the last controlled Congress, talking trillions. reserve for those bad times. Yet, in this hearing we had the last day and I think With 1,026 pages in the committee upon Congress, oh, my gosh, it is out of con- maybe saw it coming, everyone said, which I serve, the Energy and Com- trol in terms of the spending and the Well, no. Well, no, I haven’t really read merce Committee, we were allocated a deficits. the bill, but I know the concept. whopping 14 hours and 9 minutes before

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.193 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14972 CONGRESSIONAL RECORD — HOUSE December 15, 2009 we started voting on that bill. Remem- what the problem is and we are trying EDUCATION ber, I am including the all-night hours, to fix it,’’ he said. Asked why recipi- The SPEAKER pro tempore. Under all-night hours. ents would pluck random numbers to the Speaker’s announced policy of Jan- According to a newspaper here on the fill in for their congressional district, uary 6, 2009, the gentlewoman from Hill, actually, The Hill, Democratic Pound replied, and this is my favorite, Wisconsin (Ms. MOORE) is recognized leaders have waived transparency rules ‘‘Who knows, man. Who really knows. for 60 minutes. at least 24 times to rush votes this year There are 130,000 reports out there.’’ Ms. MOORE of Wisconsin. Mr. Speak- alone, 24 times. Twelve of those bills Somebody should know. It’s your er, it’s such a privilege to stand in the were available for less than 24 hours. money. Well, again, it’s not really your well of the House of Representatives. b 2130 money yet because we borrowed it. Each time I stand here, I just shiver Congress borrowed it from the Chinese, and shake and think about just how I This omnibus bill back here, half a the Japanese, all kinds of lenders, oil- got here and the unusual cir- trillion in spending, just this last week producing nations that we pay exorbi- cumstances that have allowed me to be passed 221–201, no Republicans voting tant prices to for the crude oil because here. Really coming from a very poor for the bill. Increased funding for Fed- we don’t access our own resources here. background, parents who had very, eral agencies, 12 percent. Some as They’re the ones doing it. very meager means. But it was because much as 33, some as much as 21. The Talladega County, Alabama, claimed of an educational opportunity that I’m final tally for this omnibus new spend- to have saved or created 5,000 jobs from able to be here with you and to speak ing for nondefense, nonveteran discre- only $42,000 in stimulus funds. That’s with you here this evening. tionary programs took it up to a level 5,000 jobs, $42,000 in expenditures. Now You’ve heard it all from the well of of 85 percent higher than 2 years ago. they’re efficient. That would be $8.40 a the House of Representatives, Mr. Eighty-five percent higher than 2 years job. Now there are some cheap places Speaker. You’ve heard about all of the ago. The debt up $1.4 trillion. The def- to work, but I don’t even think Ala- problems that we have in our economy. icit this year, $1.4 trillion, in 1 year. It bama is paying their people $8.40 a job, And this evening I want to talk to you wasn’t that many years ago, and, of though; so there’s something wrong about the importance of reestablishing course I’m getting older, I think it was there. ourselves in the world as a nation that in the eighties; so it’s been some 20 Belmont Metropolitan Housing Au- is graduating students from college and years, I think our whole national debt thority in Ohio reported 16,120 jobs producing the next generation of was only a trillion dollars, which was saved or created for $1.3 million. Now, innovators and engineers and doctors an enormous amount then. Now it’s that is efficient too. So congratula- and scientists and teachers so that we going up by more than that annually. tions to Belmont. That’s $80.64 a job. This is a freight train without can reestablish ourselves in the world Folks, the government is not the cre- and continue to enable our economy to brakes. This is a runaway train that’s ator of jobs, not jobs that are sustain- headed off a cliff, and it’s going to take grow. But, of course, you’ve heard able, because you have to take money about all of the problems that sort of Americans with it if we don’t put a away from those who have it to redis- stop to it. You cannot continue down crowd out a really important discus- tribute it, and it’s not being done very sion about the importance of funding this path. You cannot continue down efficiently, affordably, transparently, this path. educational opportunity. or with accountability. You’ve heard about the two wars and We tried to figure out how some of And how long do these jobs last? I the escalation, which is going to cost this money has been spent. The press is want jobs created out in the private us $30 billion. You’ve heard about the doing its job. The New Orleans Times- sector that fund the government, and war spending. Between 2001 until 2009, Picayune. Details: Louisiana has seven by that I mean if you have a vibrant we’ve spent just under $950 billion for congressional districts. So Louisianans private sector, people are paying taxes. Iraq and Afghanistan, and we’ve just visiting recovery.gov, that’s the Web If businesses are making a profit, included another $139 billion for both site where all this stuff is posted so they’re going to pay a tax, pay a lot of wars. In July, the DOD was spending there’s great transparency and ac- tax. Individuals earning a salary, earn- $11 billion a month on both wars. And countability. Remember, this was the ing a wage, they’re paying tax. Ask CRS projects that we’re going to be Web site the President and the Vice them. That’s what funds government. President, JOE BIDEN, said by golly, It’s not the other way around. And spending another $400 billion to $900 you’re going to see it all out there. So that’s the difference between many of billion in the next 10 years. You’ve heard about the entitlement Louisianans visiting recovery.gov us in this body is there are those who programs, Medicare and Social Secu- found themselves just skeptical but believe every problem needs a Federal rity, and how they’re in danger and truly puzzled to see nearly $5 million solution regardless of what it costs how we have to fund that. You’ve heard was listed as headed to Louisiana’s now or in the future. That’s why you about the escalating health care costs Eighth Congressional District. There need a balanced budget, a requirement consuming 20 cents of every consumer are only seven. Not eight; seven. That in the Constitution to keep both par- site also listed the 12th, the 26th, the ties in check. dollar in the so-called takeover by the 45th, the 14th, the 32nd, and, my favor- We need to get this house back in government of health care. You’ve ite, 00. I don’t know if that’s 007 or if order, and I mean the global house, the heard about the great recession where it’s—I don’t know. U.S. itself, how money is spent, how as many as 700,000 jobs were lost in a According to Ed Pound, Director of it’s allocated, what we do with it. This single month in the last 15 months. Communications for recovery.gov, the is obscene. It really is. All I see is just You’ve heard about the financial sys- site relies on self-reporting by recipi- one government takeover after an- temic risk that threatens the economy ents of the stimulus money. other. not only of the United States of Amer- This is oversight? This is trans- Now, is there room to do more over- ica but of the world, requiring coun- parency? I mean, this is a government sight where it’s necessary, fix markets tries, including this one, to develop bil- that can’t figure out who’s going to the where they’re broken? Yes. Will we de- lions of dollars in stimulus funding. White House for dinner that’s spending bate how far you go in that? We should. You’ve heard about various proposals your money, and this is transparency. But we should do that in an open and to right ourselves and to justify our Pound said information from thoughtful manner. I’ve served on some economy. You’ve heard proposals to FederalReporting.gov has been simply nonprofit boards, a hospital board, a just simply reduce spending. You’ve transferred to recovery.gov. And no business association board, and we’d heard proposals to give tax breaks to one checks to verify its accuracy or to have vigorous debates, but we always the wealthy and that these tax breaks take note of the fact that Utah doesn’t did it with the notion of common good. will somehow trickle down to support really have seven congressional dis- We’d bring what we had to the table, those workers and small businesses. tricts; it has three. South Dakota has and we would try to find a solution. And you’ve even heard whispers of rais- one, not 10. I thank you, my colleagues, for let- ing taxes. And very few people raise as Pound: ‘‘We’re not certifying the acting me share those comments with a solution to this problem at looking curacy of the information. We know you tonight. hard at what we’re doing in terms of

VerDate Nov 24 2008 03:59 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.195 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14973 advancing post-secondary educational uate from college than in the United lion. That is less than $1 billion to the opportunity. States. Pell Grant of $27 billion. That’s why this evening, Mr. Speak- Ms. MOORE of Wisconsin. Reclaim- While providing financial aid to stu- er, I’m so happy to be joined by my ing my time, I guess what I’m recalling dents is a great strategy, can you tell dear friend and colleague from Vir- is a country where, I mean, we in- me why you think it is so important to ginia, Representative BOBBY SCOTT, vented the telephone. We invented the fund these TRIO Programs in addition who serves on the Labor and Education automobile, the television, the camera, to the Pell Grant? Aren’t we making a Committee and I’m sure will give us Google, iPod. We’ve made major med- big enough investment in Pell? some valuable information about the ical breakthroughs. We discovered the Mr. SCOTT of Virginia. Well, we’re importance of preparing the next gen- cure. We discovered Penicillin and not making enough of an investment in eration of students. practically eradicated polio by devel- Pell. We need to make those invest- Mr. SCOTT of Virginia. I thank the oping the vaccine. And we’ve done this ments because the cost of college is gentlewoman from Wisconsin for talk- because we have been number one in going up even more than the increases ing about education and talking about the world for developing a brain trust. in Pell Grants. We have done a lot in the importance of educating all of our So I guess I’m sort of curious about Pell Grants in the last few years. After young children. the statements that you’ve just made several years of no increases, we have Quality education is more important that we no longer have the smartest made significant increases in Pell today than ever before with the rapid students or the best workforce and that Grants, but the Pell Grant still does development of a global marketplace. we’re no longer leading in innovation not pay as much of a portion of your We find that we’re competing not just and technology. education as it used to. It used to be with cities across a State or even cities that, with a Pell Grant, you could al- b 2145 across the Nation but cities all over most pay your entire tuition—room the world. Mr. SCOTT of Virginia. If the gentle- and board—at a State college. Now it’s We can’t compete with other coun- lady would yield, that’s why we need to about 30 percent, and you’ve got to tries on things like lower wages. There remain competitive and make sure come up with the rest. With a Pell are people who work in other countries that all of our students have an oppor- Grant, people back in the ’60s and in for wages that we can’t compete with. tunity to go to college. We need to the early ’70s could work 15 hours a We can’t necessarily compete in terms make sure that they have the knowl- week at a little part-time job and could of location. You don’t have to work edge to be successful, and we need to work their way through college. Today, right next to your coworkers anymore. make sure that we are making those even with a Pell Grant and while work- If you can work across the hall from investments in early childhood edu- ing 40 hours a week, it is still very dif- your coworkers, you can work across cation, in elementary and in sec- ficult to work your way through col- the globe from your coworkers. And in ondary, and are making sure that all of lege. We need to make sure that these manufacturing, if you manufacture our students have access to college. opportunities are there. something, you don’t have to be that That means we have to make sure we Even though you have financial ac- close to your customers. You can ship continue to invest in Pell Grants and cess with the Pell Grants, with the stu- things overnight from almost any- to reduce the interest on student loans dent loans, and with the scholarships, where. In the global economy when so that everybody can get into college. you need to make sure that you have you’re trying to get a plant financed, One of the things we also have to do the support to get the work done. Many there used to be a time where you had is to make sure they have the support, students will start in college and won’t to locate the plant in the United States and not only the encouragement, to go finish, and you’ll have dropouts not because you needed financing. Now to college. They need the financial ac- only in high school but also dropouts with worldwide banking, you can put cess but also the support so they can in college. We need to make sure that that plant anywhere that you want. stay in college. That’s why the Federal they have those services. The one reason that businesses would TRIO Programs are so important—Tal- The beneficiaries of the TRIO Pro- want to locate in the United States or ent Search, Upward Bound, Upward grams do much better in college com- in a particular community is because Bound Math and Science, Veterans Up- pletion than those who don’t have they know they can find well-educated ward Bound, and Student Support those support services. You have the workers. So education becomes the Services. Once they get into college, counseling, the tutorial, and the other competitive advantage. And when you there are the educational support cen- support services that you need. They start looking at the location, you know ters and the Ronald E. McNair Post- are so important, and that’s why we you can get the good workers. You Baccalaureate Achievement Program. need to make sure that the TRIO Pro- know that the communities will ben- The TRIO Programs encourage low- gram funding goes up as much as the efit by having a good education. We income and first-generation students funding for financial access, like Pell know these communities that invest to think in terms of college. For many Grants and student loans. We have to heavily in education suffer less crime, of them, it’s just not an expectation in recognize that the investments we pay less welfare, and we know the indi- their families, so they think, after high make in education are so important viduals benefit, the students benefit school, that’s going to be about it. We and that, if we don’t make these in- with a good education. There’s an old need to instill upon them an expecta- vestments, we end up paying the bill adage that says ‘‘the more you learn, tion that, if you can do the work, you anyway. the more you earn.’’ The more edu- ought to continue your education. The I serve not only on the Education and cation you get, the higher your income TRIO Programs are extremely impor- Labor Committee, but I also serve on will be. So we need to focus on edu- tant in making sure they have not only the Judiciary Committee, where I chair cation if we’re going to maintain our the financial access but the support the Subcommittee on Crime. We know competitiveness. once they get there so that they can that there is a strong correlation be- But, unfortunately, we’re finding graduate. tween those who drop out of school and that we’re slipping in terms of math Ms. MOORE of Wisconsin. Will the those who end up in the criminal jus- and science on any international basis. gentleman yield, please? tice system. The high school dropouts We used to be fairly high. We’re kind of Mr. SCOTT of Virginia. I will yield. are much more likely to end up in pris- drifting down. We’re kind of in the Ms. MOORE of Wisconsin. This ad- on. Those who graduate from high middle of the pack right now but drop- ministration has been very good on fi- school and those who go to college are ping. We used to be number one in nancial aid, and this Congress has been much less likely to get caught up in graduating our students from high great in providing financial aid. As a the criminal justice system. When you school. Now we’re dropping. We used to matter of fact, between fiscal years look at all of the costs of incarceration be number one in those going to col- 2001 and 2009, the Pell Grant has seen and when you look at all of the costs of lege. We used to be number one by far. an increase of over $27 billion. Now, affordable welfare, if we had made the Now many countries are having more these TRIO Programs that you talk investments in education to get young young people go to college and grad- about have a funding level of $853 mil- people on the right track and to keep

VerDate Nov 24 2008 05:01 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.197 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14974 CONGRESSIONAL RECORD — HOUSE December 15, 2009 them on the right track, we wouldn’t wealthy parents who can send them to highest proportion of college graduates have had to make those expenditures prep schools. These are students we are in the world by 2020. To reach that in the criminal justice and social serv- depending on to become that next gen- goal, this Pell Grant increase is a part ice programs. eration of engineers, scientists, and bi- of that program. He also wants to ex- So education is extremely important, ologists. They are the people who are pand the reach of community colleges, and it is a much more intelligent use of going to correct the conditions of our wants to invest Federal money in re- taxpayer money—investing in edu- lakes, of our forests, and who will be search and data collection and in other cation—rather than waiting for young these innovators. Yet, of all the low-in- reforms to the student loan program, people to drop out of school and to come students in our country, only 41 and wants to simplify the student aid mess up, to join a gang and then get percent enroll in college, and after 6 process. into a bidding war as to how much years in these Student Support Serv- The gentleman from Virginia, those time they’re going to serve in prison. ices, we find that almost 31 percent of are very good intentions, and you’re I saw an article in the last couple of these students actually attain a bach- experienced on the Education and days in New York. For every juvenile elor’s degree, and that only 21 percent, Labor Committee, but I guess I’d like incarcerated, they spend about $200,000 literally 10 percent fewer of them, you to respond to whether or not just a year locking up juveniles. California graduate from college when you have simply providing financial aid and col- had the same number—over $200,000 per only given them Pell Grants. lecting data will get us there. year per juvenile. You can just think of I guess that is one of the problems Mr. SCOTT of Virginia. Thank you. what kind of education could have been that you have tried to share with us If the gentlelady would yield, one of provided a few years before to make today, which is: If you are going to the things we need to do is to make sure that the young people got on the spend $27 billion and are going to make sure that we get all of our students right track and stayed on the right that kind of important investment in headed toward college. You mentioned track. So investments in education are financial aid, it sure is important to the impact of finances and the income not only good for the economy and are give these students the wraparound of parents. One factor is that many not only good for the community, but services that they need, perhaps some parents never went to college, so there they actually save more money than remediation in math and in reading, so is not an expectation that their chil- they cost when you look at the costs of that they can succeed, some support dren will go to college. If your parents failing to educate the next generation. services. went to college, there is really an ex- Ms. MOORE of Wisconsin. Will the If you will indulge me, Mr. SCOTT, I pectation that you are going to go to gentleman yield? will tell you a little story. college, too. It’s not a question of Mr. SCOTT of Virginia. I yield. I was pregnant at 18 years old when I whether you are going to college. After Ms. MOORE of Wisconsin. I come graduated from high school, and I was you graduate from high school, it’s from a community where there has not headed to college. As a matter of which college are you going to go to. been a great deal of discussion about fact, I was at the then-Boys’ Club—it There is just an expectation. the failures of students on the fourth- was not the Boys and Girls Club. I was Ms. MOORE of Wisconsin. Right. grade reading tests and about the fail- at the Boys’ Club, watching the boys Mr. SCOTT of Virginia. When you ures of students on the eighth-grade play basketball, when a young man have parents who did not go to col- math tests, so I am really interested in walked up to me and said, The director lege—and this is one of the main fo- your description of how the TRIO Pro- of the Educational Opportunity Pro- cuses of the TRIO Programs—they grams really provide an intervention, gram in Marquette is looking for you, want to develop that expectation. as it were, in, admittedly, a system- and he said he wants you to come down When I was in college, I was an Up- ically failed process up through middle there right away. That’s how I ended ward Bound counselor, and I could see school. up in college—18 years old, pregnant. in the Upward Bound program the pro- The TRIO Programs, as I have come What these programs do is they actu- found change in attitude that young to understand them, literally intervene ally interrupt the poverty cycle. They people had as the summer went on. At in kids’ lives in middle schools through actually interrupted the sociological the beginning of the summer, I remem- the Upper Bound program, for example, outcome for me to just be a welfare ber you could ask young people, What and through Talent Search. They real- mom, receiving food stamps, with no are your plans for the future? They ly identify that next generation of stu- hope of ever making an important con- would start telling you their plans for dents who have the capability and the tribution to society. the weekend. Later in the program, capacity to go to college and to really So I think that, if we are looking at you’d ask, What are your plans for the keep our country on top. Many coun- a long-term bang for our buck, these future? They’d tell you what courses tries do this. They have done it for gen- TRIO Programs and increasing the they needed to take in high school to erations. They have identified kids in funding for these TRIO Programs will make sure they could get into college, middle schools. Despite the incapacity certainly do that because we cannot af- and they’d tell you the courses that of the families, based on their incomes, ford the downward slide that you have they’d have to take in college in order to put their kids in private schools or described. to get into law school or into medical to give them tutoring, the TRIO Pro- I’m not sure that people have really school. They had planned their futures grams intervene in middle school, and understood the seriousness of this. You a lot farther along than just the week- put them on a college track. Here are mentioned that we were probably in end. some of the data and statistics that I the middle of the pack. According to When you have a different perspec- want you to respond to: the Organization for Economic Co- tive and when you start having an ex- First of all, in terms of low-income operation and Development, we are pectation that ‘‘my future includes col- students—and I’m not talking about about 15th among 29 industrialized lege,’’ a lot of things happen. One, you any particular race or anything be- countries in college completion rates. are less likely to use drugs and to get cause, as I understand it, 37 percent of That really has consequences, because caught up in delinquency because you those students enrolled in TRIO are when you look at China and at Japan know that will adversely affect your white students; 35 percent are African and at South Korea, these are coun- future. American; 19 percent are Hispanic; 4 tries that are now the innovators in percent are Native Americans; 22,000 of the world. They are producing the engi- b 2200 these students in TRIO are disabled neers. There used to be a time when So just the fact that you’re looking students; and 25,000 are veterans. you saw Chinese students sitting in at a future, you will much more likely So here we have a really diverse American universities. You don’t real- get on the right track and stay on the group of students who take advantage ly see that anymore. They are staying right track to actually achieve those of these TRIO Programs, but they have at home and are obtaining their bacca- goals. one thing in common—they are all low- laureate degrees. Ms. MOORE of Wisconsin. Will the income students. They are all students Now, President Obama has indicated gentleman yield? who are disadvantaged by not having that he has a goal of producing the Mr. SCOTT of Virginia. I yield.

VerDate Nov 24 2008 04:19 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.199 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14975 Ms. MOORE of Wisconsin. Gen- of the State’s jobs are expected to re- the telephone. We were really, if you tleman, you indicated, I heard you say quire college degrees by the year 2020. will, at the peak of the envy of all the that we need to get all of our kids pre- But the number of adults with those world, and we took for granted that in- pared to go to college. And I’m won- credentials will fall short. So it’s not dividuals would start school, public dering if we aren’t concerned about just a matter of providing an oppor- school, by the way, and they would fin- class warfare. We talked about those tunity for middle-class and upper-class ish school and some would finish high parents who are not low income. students. school, but they would still be at an They’ve gone to college. They’ve had a We’ve been joined by Congresswoman economic level that they could provide college fund for their children early on. SHEILA JACKSON-LEE, who has spoken for their families. And others went to And perhaps these are parents who often about the need for businesses to college. And so I’m listening to this might feel somewhat resentful that have an educated workforce. I’ve heard discussion about our international there’s a program out there that pro- her speak very passionately about how competitiveness, and I read this sen- vides supportive services for low-in- there are so many requests among our tence to you: America no longer has come students, as I indicated, I mean, business leaders for foreign students to the smartest students or the smartest 41 percent of low-income students, come into the country because we workforce in the world. just—I mean, if you’re not an athlete don’t have an educated workforce. I would take issue with that and say and you can win a scholarship, you And so, gentleman, I’d like you to re- that we have the smart people, but we know, if you’re not summa cum laude, spond to that. have not cultivated them and provided valedictorian of your high school, you Mr. SCOTT of Virginia. You men- them the support system that a TRIO might not have access to scholarship tioned two-fifths require college. But provides, a steering. It’s almost as if funds. even more than that require some edu- you had a playing field and you told What would you say to those parents cation past the high school level, some people to just get out on that playing who do have a baccalaureate degree kind of training, some kind of edu- field. There were no guidelines, there about the need to make sure we give cation, maybe not the 4-year college were no bases to make, there were no access to all students to college? but a 2-year college, or maybe some ca- touchdowns to make, and what would Mr. SCOTT of Virginia. Well, one of reer training course so that you could you get? You’d have very poor results. the things we found in our work in learn your trade. There used to be a But if you had some guidelines, if you Education and Labor and on the Crime time where you could get a low-skilled told them that they had to go from one Subcommittee is that so many of our job, keep it for 40 years and then retire. point to the next, that they had to young people are not graduating from The jobs of today require continual kick the ball into the field goal area, high school. In some States, in some learning, lifelong learning. You’ve got or they had to make a touchdown, or schools, and they’re called drop-out to be retrained. A lot of jobs have be- they to had hit a home run. And that’s factories, half the children that go to come obsolete. Instead of one job for a why I’ve come to the floor today, be- those schools fail to graduate. And so long time, most people will have four cause I want to share these statistics, it’s important, if we’re going to have or five or six jobs during their careers. but I want to refute these statistics any kind of society, that we encourage It’s important to make sure that you and I want to say, it’s time now to go young people to go to college because can learn and you have lifelong learn- back to the old, to reinvest in our edu- at least that means they’ll get through ing so that you can keep up with the cation as if we cared about it. high school. If you do not pay for edu- new jobs. Most, 40 percent require col- And so let me cite these numbers cation, you will pay for welfare and lege, but virtually all of them, good that may have already been put into crime. And so it’s important for us, as jobs, will require some kind of edu- the RECORD, but I believe it’s impor- a society, to make sure that we invest cation past the high school level. tant, that show the 2007 trends in inter- in education so we won’t have as much Ms. MOORE of Wisconsin. Thank you national mathematics and science to pay for in crime and welfare, and so much. study, which is really a baby of mine. also, we’ll have an educated workforce I’m so happy this evening that we’ve I’ve been on or served on the Science so that when businesses come to the been joined by Congresswoman SHEILA Committee for 12 years. In that, my community and consider moving their JACKSON-LEE from Houston, Texas; and emphasis was math and science and businesses to your community, you’ll I would yield to her at this time. NASA and what NASA can do to in- have a well-educated workforce to Ms. JACKSON-LEE of Texas. Let me spire our young people to want to be show off, and you’ll also demonstrate thank the distinguished gentlelady scientists and mathematicians. It that if they bring their business here, from the great State of Wisconsin for measures the math and science knowl- their workers will have access to a her persistence in the work that I edge of fourth and eighth graders. good education. So it’s in everybody’s found her doing when I visited her dis- Our students don’t perform like those best interest to have a well-educated trict some several years ago. She has in competitor nations. Only 10 percent workforce and to make the invest- been persistent and consistent, and I’m of U.S. fourth graders and 6 percent of ments in education. delighted to join her this evening, U.S. eighth graders scored at or above The Pell Grants make sure that ev- along with my friend and colleague the international average in math. erybody can have access. A significant from Virginia. I served with BOBBY That means that 94 percent of our reduction in interest on student loans SCOTT as the Chairman of the Sub- eighth graders are getting beat by has taken place in the last few years. committee on Crime. But he has rede- countries like Singapore, Hong Kong, There are a lot of things that we’re fined that committee, and he realizes, England and Russia, and Kazakhstani doing, and we’re helping colleges. with his experience on the Education students scored better in math than We’ve made significant investments in and Labor Committee, that we are our own fourth graders. What does that colleges and how they can help their going down the wrong direction. And I mean? It means that there is a legiti- students. There are a lot of things that combine the idea of steering people mate argument for TRIO because TRIO we’ve been doing, but the main focus away from a life of crime or the mis- provides the kind of road map that has got to be to get young people into takes that we’ve made in the criminal gives you the support systems that college, and once they get into college, justice system with the poor response really cause students who come from to make sure they have the support that we have given to our education disadvantaged backgrounds to get to services that the TRIO programs will system. I really think that we have, or the finish line, to be able to kick the provide to make sure that they can ac- we took our education system for goal, to make the touchdown, to make tually graduate. granted. It was there. We were at a the home run. Ms. MOORE of Wisconsin. I was just point in our lives in the 19th century, looking at an article that was pub- the 20th century, most particularly b 2210 lished in Forbes Magazine recently, when we were really churning in the And I believe that we’ve been lax in called Investing in America’s Future, economy and we were at the cutting the funding. It’s always easy to cut and one of the points that the author edge of invention. We had televisions; funding for the vulnerable. We don’t made was that in California, two-fifths we were doing transistor radios; we did have to worry about any funding for

VerDate Nov 24 2008 04:19 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.202 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14976 CONGRESSIONAL RECORD — HOUSE December 15, 2009 the vulnerable because their voices the friends and allies who work so ice or that want to go to school, we cannot be heard. We know that just hard, the chairman of the Appropria- should give them the opportunity to do across the country, the University of tions Committee on the House side, so so, and that is what TRIO is all about. either Southern California or Berkley many Members who understand what Ms. MOORE of Wisconsin. Will the has students who have been picketing TRIO means, but the overall thinkers gentlelady yield? and sitting in for weeks because of tui- about education and how to cut dollars Ms. JACKSON-LEE of Texas. I’d be tion increases. So we know how dis- just don’t get it. happy to yield. advantaged students are more dis- TRIO costs an average of about $1,000 Ms. MOORE of Wisconsin. My col- advantaged as they raise tuition costs per student per year, $1,000. Pell is esti- league Representative SCOTT is a great and they don’t have support systems. mated to spend approximately $25 bil- mentor of mine. He serves on the Budg- So, for example, here is what TRIO lion helping over 7 million students get et Committee, and he is an expert on has done, college going rates for TRIO aid. The combination of a TRIO effort one of the subjects that really con- versus non-TRIO students: All low-infor a student counters the tragedy, and sumes a great deal of time on this floor come students, 41 percent enrolled in let me just retract that word and not and in our committees, and that’s the college; Upward Bound participants, utilize ‘‘tragedy,’’ but when you look subject of the budget deficit and how 77.3 percent; Upward Bound Math- at it and you say we are the country we dig ourselves out of this hole. And I Science, 86.5 percent; and Talent that spent the 20th century just invent- guess I was wondering if he would Search, 79 percent. ing about everything the world now share—I’m sort of surprising him with What is there to convince that TRIO uses, when we think of China, we are this question, but I guess I would like works, that the support system works? glad that it has made gigantic steps of for him to talk about the revenue op- Student Support Services, low-in- development. It still is a developing tions or the cutting options or how we come bachelor degree attainment with nation, and a lot of what China has got into this fiscal hole that we are in a 6-year period: Student Support Serv- made its economic rise on has been and what the role of educating and ices, 30.9 percent; receive Pell but no what we invented in the 20th century having an educated workforce will have support, 21 percent, way down; receive and now they make it in a cheaper on us ever being able to approach some neither Pell nor support, 8.9 percent. manner. sort of deficit reduction. They just don’t make it. So what we are losing is we are los- And I will yield to the gentleman. Ms. MOORE of Wisconsin. Will the ing the genius of our invention and in- Mr. SCOTT of Virginia. There are di- gentlelady yield? ventiveness. H–1B is what you’re talk- rect consequences of spending more Ms. JACKSON-LEE of Texas. I’ll be ing about. The H–1B visas have become money on education, one of which is happy to yield. the popular response. So I’m not going that the average income of those who Ms. MOORE of Wisconsin. This is the to worry about the fact that our chil- you have invested in, the average in- question I have for my colleagues here. dren don’t know math and science. come will go up, better known from a If it’s so clear, as you’ve indicated, Forget about it. We’ll just import budget perspective as more taxable in- gentlelady from Texas, that TRIO thousands upon thousands. come. And so those that you invest in works, if it’s so clear, as the gentleman I have no quarrel with them. We just and have more taxable income will be from Virginia has indicated, that we stood today and introduced a com- able to help fund the government. That need, in order to remain globally comprehensive immigration reform bill. is on the plus side. petitive and to continue to be the inno- There is no quarrel with the idea that On the minus side, if you do not edu- vative country and to really develop a this Nation is a nation of laws and im- cate the people, they are much more way to develop and create new reve- migrants, but there is a quarrel when likely to be involved in crime and wel- nues for our country, we’re not going we throw to the side those disabled, fare, better known as expenditures. So to just cut spending and raise taxes those veterans, those disadvantaged instead of getting more revenue, you and have that be adequate for remain- students, those children who have a end up with more expenditures. ing a first-class nation. single parent who would not have the So we need to make sure that we If it’s true that we don’t have enough ability to be able to follow through on make these investments in education upper-class students who are grad- college. so more and more of our students go on uating from college that we can afford So what do we lose? Again, we lose to college. And we know what works. to ignore low-income white students, the ability to invent for the next gen- We know that TRIO works. The TRIO low-income African American stu- eration. We lose the scientific minds programs, the Talent Search, Upward dents, low-income Hispanic students, that are going to be at the cutting edge Bound, Upward Bound Math-Science, low-income Asian students, disabled of finding the right kind of cure for and Veterans Upward Bound all help students and veterans who are in these HIV/AIDS or stopping the H1N1 pan- students think about college and get programs, if we can’t afford to ignore demic or finding a cure for cancer or them on track to college. them, we’ve got to grab them and edu- being able to fix crumbling bridges. The Student Support Services, Edu- cate them so that we can meet those This is what we lose. And, frankly, I cational Opportunity Centers, and the goals and that bar, why has TRIO been believe we are long overdue for the Ronald E. McNair Postbaccalaureate flat funded? reckoning that comes with the idea Achievement Programs help students What are the consequences of the that we are ignoring our children. once they get to college. They are in- fact that TRIO was flat funded during I would like to just use as an example volved in those programs and are much fiscal year 2006 and 2008, had just a the fact what we call AP classes and more likely to graduate and complete minimal increase in 2009, a minimal in- advanced classes. You poll and find out their education, making sure they will crease in 2010 and, God bless him, our how many of those classes are still be much more contributing members of Appropriations Chair, DAVE OBEY, being kept, advanced placement. It’s society. And we know they work. There added $20 million to TRIO this cycle, all about budget. We don’t respect or are currently 2,800 TRIO programs that but after all of the negotiations with appreciate how much money good edu- are serving 850,000 low-income and the Senate, only $5 million was re- cation can generate, and I think that first-generation students. tained in that program. What are the we lose our rightful competitive place Now, you can only imagine that consequences of reducing these vital in the world. And I would much rather without TRIO, many of these students services to TRIO students and our reinvest $1,000 in TRIO than $1,000 in wouldn’t even be thinking about col- maining competitiveness of the world? making war and taking a chance of los- lege. And if you just look around the We need at least $200 million for this ing one of our bright young men or country, many of these programs have program. bright young women who has gone on waiting lists, young people that are Ms. JACKSON-LEE of Texas. You are the front lines. We appreciate them. trying to get the help of a TRIO pro- eloquent in crafting the frustration But what I’m saying is we should gram, but because we haven’t funded that you experience and so many of us give equal opportunity for those who them adequately, there are not enough experience. And do you know what the are either after their military service slots and they have to languish and answer is? They just don’t get it. Not or in the midst of their military serv- perhaps not get an education because

VerDate Nov 24 2008 04:19 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.204 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14977 they didn’t get the services that they spent $60 million investing in young the class of 2008—listen to this num- needed. people—in a couple of years they fig- ber—will cost the United States $319 b 2220 ured they saved $300 million. Those billion in lost wages over their life- kinds of results happen all over the time. Is there any defense for not sup- We need to make sure those invest- country when you take a comprehen- porting TRIO, for not funding it to the ments are there. If you’re looking long sive approach, making sure young peo- max so that we can draw these stu- term in the budget, we need to make ple can get on the right track and stay dents through the high school period sure that people are self-sufficient, not on the right track and get out of what into the college and then see them depending on government. The invest- the Children’s Defense Fund calls the graduate and invest that $319 billion ments we make in education in the cradle-to-prison pipeline and get into into the economic engine of this econ- long-term budget perspective are in- the cradle-to-college or cradle-to-work- omy, and on the other side, having vestments that need to be made. force pipelines. Those pipelines, the skills that are marketable skills? Ms. MOORE of Wisconsin. Thank you college and workforce pipelines, are ac- I started out by saying that we have so much for that, gentleman. That is so tually cheaper to construct than a cra- been cited as not having the smartest important. dle-to-prison pipeline where you spend students in this century or this time You know, the Department of Edu- huge sums of money locking people up. frame. I said, no, these are smart stu- cation really bears this out. They say a You don’t get the benefit of the in- dents; we just have not given them the high school dropout earns about $18,000 creased earnings; you just end up rules, we have not laid out the plan, we a year—of course that’s if they’re not spending all the money on crime and have not directed them, we have not costing us money in the prison sys- welfare. provided them the TRIO support system—a high school graduate, $26,000 a So if we make the right investments tem that can be so helpful in providing year, an associates degree, $38,000, and in getting young people on the right the kind of economic engine for Amer- a bachelor’s degree, $65,000. When we track and keeping them on the right ica. consider our aging baby boomers, we track, we not only have a better soci- So in this climate of high unemploy- certainly are going to need to make ety, but the budget will look better. ment and all of this talk about cre- sure that we have a lot of higher-in- Ms. MOORE of Wisconsin. Thank you ating jobs, we cannot ignore America’s come individuals working toward all of so much. That was just amazing infor- education system for our children. these innovations that we are so capa- mation. Ms. MOORE of Wisconsin. Thank you ble of. The gentlelady from Texas, I would so much, gentlelady from Houston, Mr. SCOTT of Virginia. And if we love to hear what you have to say on Texas. And thank you, my dear friend don’t make the investments that we’re this matter. and colleague on the Budget Com- Ms. JACKSON-LEE of Texas. Well, I talking about today, this may be the mittee and also on the Education and think this discussion should be a road- first generation that has a lower Labor Committee. map, but it also should be a primer, a achievement of education than their Before we close out this hour, I just tutorial for us not heading toward the previous generation. Right now, many want to sort of summarize what we disaster that we are heading toward. children of college-educated parents have said here this evening. are not going to college. We are very We should heed some of the comments We really admire this Congress and that have been made. close to having this generation less our President for really revamping tui- I would like to build on this issue of educated than last. That will be the tion and making adequate tuition a the criminal justice system, which has first time in American history that just grown exponentially. I would say priority. It has been so important to that has ever taken place. to the gentlelady that there are at revisit how we make student loans so Ms. MOORE of Wisconsin. Wow. Be- least 1 million persons in our prison that we don’t just provide funding for fore I yield to the gentlelady, I just system throughout the Nation. It is bankers, that we actually use those want to say that old adage, ‘‘pennywise known to be the largest prison system funds for students, to simplify student and pound foolish.’’ I started this hour in the civilized world. It is called the forms. It is even important to invest in out by talking about all of the com- ‘‘prison industrial complex’’ because research about educational outcomes. peting problems that we discuss on this there is so much money spent in incar- It has been very, very important to floor, the cost of the war and cost of cerating persons, and it does not seem have seen the dramatic increase in the health care, costs of Medicare and So- that we have gotten it again to invest Pell Grant because, without this tui- cial Security, those entitlement pro- on the front end. tion assistance, students would not be grams, the cost of escalating the war in So I would just like to share with able to make it. Tuition assistance is a Afghanistan, the great recession where, you, according to the National Center vital component in helping low-income at its height, 700,000 jobs were lost in a for Education Statistics, which studies and first-generation college students or single month, the bailout funds for the the math skills of 15-year-olds through- any students get through college. ‘‘too big to fail’’ institutions. out several industrialized countries, Without these dollars, higher edu- And so if we allow ourselves to get our United States students ranked 25th cation would be unattainable for mil- mired down in this and decide that $200 internationally. Why? Probably not lions of students who rely on Pell to million for an education program is embraced by the TRIO concept, the pay the bills. But all too often, Pell is just too much money, that would be support system concept. High school a wasted investment for our low-in- the perfect place to talk about penny- graduates, only 75 percent. I realize come kids because they don’t have ac- wise and pound foolish, wouldn’t you that TRIO goes forward into the col- cess to guidance counselors and tutors agree, gentleman? lege area, but it means that these stu- and the other types of support that Mr. SCOTT of Virginia. I would dents are not getting support early. come with the TRIO programs. agree. And I have introduced, as you High school graduation, only 75 per- It doesn’t do the student or our coun- know, the Youth Promise Act, which cent of first-year high school students try much good if we spend millions on looks at a comprehensive approach to graduate within 4 years; 25 percent of first-year Pell recipients only to have investing in our young people, getting our students are left behind. Today, 1 those students drop out after their sec- them on the right track, keeping them in 10 24-year-olds still lack a high ond or third year. That’s not a sound on the right track rather than waiting school degree. According to the Alli- investment. A sound investment is for them to drop out of school, mess ance for Excellent Education, 76 per- making sure that when we commit to up, and then spend all the money on in- cent of white students graduate in a 4- providing educational resources for our carceration. year period, compared with 55 percent most vulnerable kids, we give them all If we take a comprehensive approach, of Hispanic students and 51 percent of the tools to successfully see that jour- we have found that you are more likely African American students. There lies ney through. to save money in the long run—indeed, the crux of the need for TRIO, because That’s why we’re here today. This certainly even in the short run. Com- we need that kind of inspiration. Congress has drastically increased prehensive approaches to juvenile Let me just finish. The Alliance esti- vital funding for Pell Grants. I have crime, one in Pennsylvania where they mates that high school dropouts from been and will continue to be a staunch

VerDate Nov 24 2008 04:19 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.205 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14978 CONGRESSIONAL RECORD — HOUSE December 15, 2009 supporter of that increased investment, students are white, 35 percent are Afri- marks and include extraneous mate- but I also know that millions of those can Americans, 19 percent are His- rial:) dollars will be wasted unless we also panics, 4 percent are Native Americans, Mr. WELCH, for 5 minutes, today. invest in the tools to get these stu- 22,000 of TRIO’s students are disabled Mr. ROYCE, for 5 minutes, today. dents through college. students, and 25,000 are our beloved Ms. JACKSON-LEE of Texas, for 5 minutes, today. b 2230 veterans. This is a program that embraces f More importantly, our country, our every American from all backgrounds SENATE BILL REFERRED country, our beloved country that we and makes sure that money is not the love so much, and love so dearly, and a reason that you cannot use your brain. A bill of the Senate of the following country that has given us an amazing Talk about a brain drain, it’s a brain title was taken from the Speaker’s life-style of modern living is at risk if drain when the only thing that stands table and, under the rule, referred as we don’t educate the future workforce. between you and greatness is an edu- follows: We have got to start with our tiny tots cation. S. 1755. An act to direct the Department of in early education, but that’s a more Thank you so much and good night. Homeland Security to undertake a study on long-term goal. Right now we are hav- emergency communications; to the Com- f ing an emergency, an emergency; stu- mittee on Energy and Commerce. dents are either not graduating from RECESS f high school or they are graduating The SPEAKER pro tempore. Pursu- ENROLLED JOINT RESOLUTION with deficiencies. ant to clause 12(a) of rule I, the Chair SIGNED In order to step up, we need a TRIO declares the House in recess subject to Lorraine C. Miller, Clerk of the program, a modest amount of funding, the call of the Chair. House, reported and found truly en- $200 million in the scheme of things, Accordingly (at 10 o’clock and 35 rolled a joint resolution of the House of nothing like we are spending on all the minutes p.m.), the House stood in re- the following title, which was there- other crises in this country, that would cess subject to the call of the Chair. upon signed by the Speaker: help these programs serve those stu- f dents who are on waiting lists. H.J. Res. 62. Joint resolution appointing With that, I would yield to the gen- b 2316 the day for the convening of the second session of the One Hundred Eleventh Congress. tleman from Virginia. AFTER RECESS f Mr. SCOTT of Virginia. I want to The recess having expired, the House thank the gentlewoman from Wis- was called to order by the Speaker pro BILLS PRESENTED TO THE consin for her hard work. She has bene- tempore (Mr. MAFFEI) at 11 o’clock and PRESIDENT fited from the TRIO Program, so she 16 minutes p.m. Lorraine C. Miller, Clerk of the knows firsthand as I do, as a counselor f House reports that on December 14, in college. I spent 3 years as a coun- 2009 she presented to the President of selor in the Upward Bound Program, LEAVE OF ABSENCE the United States, for his approval, the noticing the profound change from the By unanimous consent, leave of ab- following bills: beginning of the program to the end of sence was granted to: H.R. 4165. To extend through December 31, the program. Mr. YOUNG of Florida (at the request 2010, the authority of the Secretary of the We need to make sure these opportu- of Mr. BOEHNER) for today until 3:30 Army to accept and expend funds contrib- nities and this guidance is made avail- p.m. on account of a death in the fam- uted by non-Federal public entities to expe- able to all students to make sure they ily. dite the processing of permits. can get into college and then to sup- H.R. 4217. To amend the Internal Revenue f port services once they get there so Code of 1986 to extend the funding and ex- that they can graduate. These are im- SPECIAL ORDERS GRANTED penditure authority of the Airport and Air- portant programs. way Trust Fund, to amend title 49, United By unanimous consent, permission to States Code, to extend authorizations for the I thank the gentlelady for organizing address the House, following the legis- airport improvement program, and for other this Special Order and I thank the gen- lative program and any special orders purposes. tlelady from Texas for joining us. heretofore entered, was granted to: H.R. 4218. To amend titles II and XVI of the Ms. JACKSON-LEE of Texas. If I may (The following Members (at the re- Social Security Act to prohibit retroactive say a word of appreciation for you and quest of Mr. MCGOVERN) to revise and payments to individuals during periods for say a picture is worth a thousand extend their remarks and include ex- which such individuals are prisoners, fugitive felons, or probation or parole violators. words, these tall bars, if they can be traneous material:) seen, show what happens to Upward Mr. MCGOVERN, for 5 minutes, today. Lorraine C. Miller, Clerk of the Bound participants, Upward Bound Ms. WOOLSEY, for 5 minutes, today. House reports that on December 15, Math and Science and Talent Search, Ms. EDWARDS of Maryland, for 5 min- 2009 she presented to the President of much higher than the little low bar utes, today. the United States, for his approval, the here that shows students without as- Mr. NADLER, for 5 minutes, today. following bill: sistance. Mr. DEFAZIO, for 5 minutes, today. H.R. 3288. Making appropriations for the One last point is that one in nine Af- Mr. POLIS, for 5 minutes, today. Departments of Transportation, and Housing and Urban Development, and related agen- rican American men age 20 to 34 are be- Ms. KAPTUR, for 5 minutes, today. cies for the fiscal year ending September 30, hind bars. Black men are more likely Mr. DOGGETT, for 5 minutes, today. 2010, and for other purposes. to be in jail than to have a graduate Mr. HOLT, for 5 minutes, today. f degree. We can lock up people, but we Mr. GRAYSON, for 5 minutes, today. can also break that chain, take the key (The following Members (at the re- ADJOURNMENT and open the doors to opportunity. quest of Mr. MORAN of Kansas) to re- Mr. MURPHY of New York. Mr. The gentlelady has told and ex- vise and extend their remarks and in- Speaker, I move that the House do now pressed to us her story. It’s a powerful clude extraneous material:) adjourn. story. I would say that we need to give Mr. GINGREY of Georgia, for 5 min- The motion was agreed to; accord- everyone the same chance that so utes, today. ingly (at 11 o’clock and 17 minutes many of us have had for a great oppor- Mr. MURPHY of Pennsylvania, for 5 p.m.), under its previous order, the tunity. minutes, today. House adjourned until tomorrow, Ms. MOORE of Wisconsin. This has Mr. MCCLINTOCK, for 5 minutes, Wednesday, December 16, 2009, at 9 a.m. been great, this has been fantastic, and today. I would say that the importance of this Ms. FOXX, for 5 minutes, today and EXECUTIVE COMMUNICATIONS, program is its diversity. It is not a pro- December 16. ETC. gram that just benefits one group of (The following Members (at their own Under clause 2 of rule XXIV, execu- people. Thirty-seven percent of TRIO request) to revise and extend their re- tive communications were taken from

VerDate Nov 24 2008 04:19 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\K15DE7.207 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE December 15, 2009 CONGRESSIONAL RECORD — HOUSE H14979 the Speaker’s table and referred as fol- transmitting the Department’s final rule — cy’s final rule — Stay of Clean Air Interstate lows: Medicaid Program: State Flexibility for Rule for Minnesota; Stay of Federal Imple- 5076. A letter from the Director, Regu- Medicaid Benefit Packages and Premiums mentation Plan to Reduce Interstate Trans- port of Fine Particulate Matter and Ozone latory Management Division, Environmental and Cost Sharing [CSM-2232-F3; CMS-2244-F4] for Minnesota [EPA-HQ-OAR-2009-0021; FRL- Protection Agency, transmitting the Agen- (RIN: 0938-AP72 and 0938-AP73) received No- 8972-7] (RIN: 2060-AP46) received December 8, cy’s final rule — Novaluron; Pesticide Toler- vember 30, 2009, pursuant to 5 U.S.C. 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the ances [EPA-HQ-OPP-2008-0769; FRL-8799-6] 801(a)(1)(A); to the Committee on Energy and Commerce. Committee on Energy and Commerce. received December 3, 2009, pursuant to 5 5095. A letter from the Director, Regu- U.S.C. 801(a)(1)(A); to the Committee on Ag- 5087. A letter from the Director, Regu- latory Management Division, Environmental latory Management Division, Environmental riculture. Protection Agency, transmitting the Agen- 5077. A letter from the Director, Regu- Protection Agency, transmitting the Agen- cy’s final rule — Endangerment and Cause or latory Management Division, Environmental cy’s final rule — Prevention of Significant Contribute Findings for Greenhouse Gases Protection Agency, transmitting the Agen- Deterioration (PSD) and Nonattainment New Source Review (NSR): Inclusion of Fugitive Under Section 202(a) of the Clean Air Act cy’s final rule — Clothianidin; Pesticide Tol- [EPA-HQ-OAR-2009-0171; FRL-9091-8] (RIN: erances [EPA-HQ-OPP-2008-0945; FRL-8793-6] Emissions; Interim Final Rule; Stay [EPA- HQ-OAR-2004-0014: FRL-9089-4] (RIN: 2060- 2060-ZA14) received December 8, 2009, pursu- received December 8, 2009, pursuant to 5 ant to 5 U.S.C. 801(a)(1)(A); to the Committee U.S.C. 801(a)(1)(A); to the Committee on Ag- AP73) received December 3, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on on Energy and Commerce. riculture. 5096. A letter from the Director, Regu- 5078. A letter from the Director, Defense Energy and Commerce. 5088. A letter from the Director, Regu- latory Management Division, Environmental Procurement and Acquisition Policy, De- Protection Agency, transmitting the Agen- latory Management Division, Environmental partment of Defense, transmitting the De- cy’s final rule — Protection of Stratospheric Protection Agency, transmitting the Agen- partment’s final rule — Defense Federal Ac- Ozone: Ban on the Sale or Distribution of cy’s final rule — Determinations of Attain- quisition Regulation Supplement; Whistle- Pre-Charged Appliances [EPA-HQ-OAR-2007- ment of the One-Hour and Eight-Hour Ozone blower Protections for Contractor Employ- 0163; FRL-9091-9] (RIN: 2060-AN58) received ees (DFARS Case 2008-D012) (RIN: 0750-AG09) Standards for Various Ozone Nonattainment December 8, 2009, pursuant to 5 U.S.C. received December 1, 2009, pursuant to 5 Areas in New Jersey and Upstate New York 801(a)(1)(A); to the Committee on Energy and U.S.C. 801(a)(1)(A); to the Committee on [EPA-R02-OAR-2009-0638; FRL-9088-8] re- Commerce. Armed Services. ceived December 3, 2009, pursuant to 5 U.S.C. 5097. A letter from the Director, Regu- 5079. A letter from the Under Secretary, 801(a)(1)(A); to the Committee on Energy and latory Management Division, Environmental Department of Defense, transmitting a quar- Commerce. Protection Agency, transmitting the Agen- terly report on withdrawals or diversions of 5089. A letter from the Director, Regu- cy’s final rule — Protection of Stratospheric equipment from Reserve component units for latory Management Division, Environmental Ozone: Adjustments to the Allowance Sys- the period of July 1, 2009 through September Protection Agency, transmitting the Agen- tem for Controlling HCFC Production, Im- 30, 2009, pursuant to Public Law 109-364, sec- cy’s final rule — Approval of Section 112(1) port, and Export [EPA-HQ-OAR-2008-0496; tion 349; to the Committee on Armed Serv- Authority for Hazardous Air Pollutants; FRL-9091-7] (RIN: 2060-A076) received Decem- ices. Equivalency by Permit Provisions; National ber 8, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); 5080. A letter from the Chief Counsel, De- Emission Standards for Hazardous Air Pol- to the Committee on Energy and Commerce. partment of Homeland Security, transmit- lutants; Plywood and Composite Wood Prod- 5098. A letter from the Acting, Assistant ting the Department’s final rule — Technical ucts [EPA-R04-OAR-2009-0793; FRL-9089-9] re- Secretary for Export Administration, De- Amendment; Federal Emergency Manage- ceived December 3, 2009, pursuant to 5 U.S.C. partment of Commerce, transmitting the De- ment Agency’s Claims Appeals [Docket ID: 801(a)(1)(A); to the Committee on Energy and partment’s final rule — Implementation of FEMA-2009-0009] (RIN: 1660-AA64) received Commerce. the Wassenaar Arrangement’s (WA) Task December 1, 2009, pursuant to 5 U.S.C. 5090. A letter from the Director, Regu- Force on Editorial Issues (TFEI) Revisions 801(a)(1)(A); to the Committee on Financial latory Management Division, Environmental [Docket No.: 0908271249-91275-01] (RIN: 0694- Services. Protection Agency, transmitting the Agen- AE71) received December 8, 2009, pursuant to 5081. A letter from the Chief Counsel, De- cy’s final rule — Approval and Promulgation 5 U.S.C. 801(a)(1)(A); to the Committee on partment of Homeland Security, transmit- of Implementation Plans and Designations of Foreign Affairs. ting the Department’s final rule — Suspen- Areas for Air Quality Planning Purposes; 5099. A letter from the Associate Director, sion of Community Eligibility [Docket ID: North Carolina: Redesignation of Great PP&I, Department of the Treasury, trans- FEMA-2008-0020; Internal Agency Docket No. Smoky Mountains National Park 1997 8-Hour mitting the Department’s final rule — Glob- FEMA-8099] received December 2, 2009, pursu- Ozone Nonattainment Area to Attainment al Terrorism Sanctions Regulations received ant to 5 U.S.C. 801(a)(1)(A); to the Committee [EPA-R04-OAR-2009-0338-200908; FRL-9089-1] December 1, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Foreign Af- on Financial Services. received December 3, 2009, pursuant to 5 5082. A letter from the Chief Counsel, De- U.S.C. 801(a)(1)(A); to the Committee on En- fairs. 5100. A letter from the Director, Office of partment of Homeland Security, transmit- ergy and Commerce. Administration, Executive Office of the ting the Department’s final rule — Suspen- 5091. A letter from the Director Regulatory President, transmitting the personnel report sion of Community Eligibility for Failure To Management Division, Environmental Pro- for personnel employed in the White House Enforce [Docket ID: FEMA-2008-0020; Inter- tection Agency, transmitting the Agency’s final rule — Approval and Promulgation of Office, the Executive Residence at the White nal Agency Docket No. FEMA-8093] received House, the Office of the Vice President, the Air Quality Implementation Plans; Pennsyl- December 1, 2009, pursuant to 5 U.S.C. Office of Policy Development, and the Office vania; Clean Air Interstate Rule; NOx SIP 801(a)(1)(A); to the Committee on Financial of Administration for FY 2009, pursuant to 3 Call Rule; Amendments to NOx Control Services. U.S.C. 113; to the Committee on Oversight Rules [EPA-R03-OAR-2009-0370; FRL-9090-2] 5083. A letter from the Deputy to the and Government Reform. Chairman for External Affairs, Federal De- received December 3, 2009, pursuant to 5 5101. A letter from the Departmental FOIA posit Insurance Corporation, transmitting U.S.C. 801(a)(1)(A); to the Committee on En- Officer, Department of the Interior, trans- the Corporation’s final rule — Amendment of ergy and Commerce. mitting the Department’s final rule — the Debt Guarantee Program To Provide for 5092. A letter from the Director, Regu- Amendment to the Freedom of Information the Establishment of a Limited Six-Month latory Management Division, Environmental Act Regulations (RIN: 1090-AA61) received Emergency Guarantee Facility (RIN: 3064- Protection Agency, transmitting the Agen- December 1, 2009, pursuant to 5 U.S.C. AD37) received December 1, 2009, pursuant to cy’s final rule — National Emission Stand- 801(a)(1)(A); to the Committee on Oversight 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- ards for Hazardous Air Pollutants From Pe- and Government Reform. nancial Services. troleum Refineries [EPA-HQ-OAR-2003-0146; 5102. A letter from the President, Federal 5084. A letter from the Chairman, Securi- FRL-8972-4] (RIN: 2060-AO55) received Decem- Financing Bank, transmitting the Annual ties and Exchange Commission, transmitting ber 8, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); Report of the Federal Financing Bank for the Commission’s 2008 Annual Report of the to the Committee on Energy and Commerce. Fiscal Year 2009, pursuant to 31 U.S.C. 9106; Securities Investor Protection Corporation, 5093. A letter from the Director, Regu- to the Committee on Oversight and Govern- pursuant to 15 U.S.C. 78ggg; to the Com- latory Management Divison, Environmental ment Reform. mittee on Financial Services. Protection Agency, transmitting the Agen- 5103. A letter from the Administrator, Na- 5085. A letter from the Deputy Director, cy’s final rule — National Emission Stand- tional Aeronautics and Space Administra- Regulations Policy and Management Staff, ards for Hazardous Air Pollutants for Chem- tion, transmitting the Administration’s Per- Department of Health and Human Services, ical Manufacturing Area Sources [EPA-HQ- formance and Accountability Report for fis- transmitting the Department’s final rule — OAR-2008-0334; FRL-8972-6] (RIN: 2060-AM19) cal year 2009, pursuant to Public Law 106-531; New Animal Drug Application [Docket No.: received December 8, 2009, pursuant to 5 to the Committee on Oversight and Govern- FDA-2009-N-0436] received December 1, 2009, U.S.C. 801(a)(1)(A); to the Committee on En- ment Reform. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ergy and Commerce. 5104. A letter from the Treasurer, National mittee on Energy and Commerce. 5094. A letter from the Director, Regula- Gallery of Art, transmitting an FY 2009 an- 5086. A letter from the Office Manager, De- tions Management Branch, Environmental nual report on audit and investigative cov- partment of Health and Human Services, Protection Agency, transmitting the Agen- erage required by the Inspector General Act

VerDate Nov 24 2008 04:19 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\L15DE7.000 H15DEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H14980 CONGRESSIONAL RECORD — HOUSE December 15, 2009 of 1978, as amended, and the Federal Man- 5114. A letter from the Deputy Assistant ing the Attorney General to transmit to the agers’ Financial Integrity Act, pursuant to 5 Secretary For Program Operations, Depart- House of Representatives all information in U.S.C. app. (Insp. Gen. Act), section 5(b); to ment of Labor, transmitting the Depart- the Attorney General’s possession regarding the Committee on Oversight and Govern- ment’s final rule — Investment Advice-Par- certain matters pertaining to detainees held ment Reform. ticipants and Beneficiaries (RIN: 1210-AB13) at Naval Station, Guantanamo Bay, Cuba 5105. A letter from the Chairman, National received November 30, 2009, pursuant to 5 who are transferred into the United States, Labor Relations Board, transmitting the U.S.C. 801(a)(1)(A); to the Committee on Edu- adversely; (Rept. 111–378). Referred to the Board’s semiannual report from the office of cation and Labor. House Calendar. the Inspector General for the period April 1, 5115. A letter from the Deputy General Ms. PINGREE of Maine: Committee on 2009 through September 30, 2009, pursuant to Counsel, Small Business Administration, Rules. House Resolution 973. Resolution Section 5(b) of the Inspector General Act of transmitting the Administration’s final rule waiving a requirement of clause 6(a) of rule 1978; to the Committee on Oversight and — The American Recovery and Reinvestment XIII with respect to consideration of certain Government Reform. Act of 2009: Secondary Market First Lien Po- resolutions reported from the Committee on 5106. A letter from the Chairman, Occupa- sition 504 Loan Pool Guarantee (RIN: 3245- Rules (Rept. 111–379). Referred to the House tional Safety and Health Review Commis- AF90) received December 1, 2009, pursuant to Calendar. sion, transmitting the Commission’s Per- 5 U.S.C. 801(a)(1)(A); to the Committee on f formance and Accountability Report for Fis- Small Business. cal Year 2009; to the Committee on Oversight 5116. A letter from the Director, Regula- PUBLIC BILLS AND RESOLUTIONS and Government Reform. tion Policy and Management, Department of 5107. A letter from the Acting Director, Of- Veterans Affairs, transmitting the Depart- Under clause 2 of rule XII, public fice of Sustainable Fisheries, NMFS, Na- ment’s final rule — VA Acquisition Regula- bills and resolutions of the following tional Oceanic and Atmospheric Administra- tion: Supporting Veteran-Owned and Serv- titles were introduced and severally re- tion, transmitting the Administration’s final ice-Disabled Veteran-Owned Small Business ferred, as follows: rule — Fisheries Off West Coast States; (RIN: 2900-AM92) received December 1, 2009, By Mr. POSEY (for himself, Mr. HALL Modifications of the West Coast Commercial pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of Texas, Mr. PITTS, Mr. BARTLETT, and Recreational Salmon Fisheries; Inseason mittee on Veterans’ Affairs. Mr. COLE, Mr. ISSA, Mr. BILBRAY, Mr. Actions #4, #5, #6, and #7 [Docket No.: 5117. A letter from the Director of Regula- GOHMERT, Mrs. BLACKBURN, Mr. 090324366-9371-01] (RIN: 0648-XR27) received tions Management, Department of Veterans FRANKS of Arizona, Mr. AKIN, Mr. December 2, 2009, pursuant to 5 U.S.C. Affairs, transmitting the Department’s final GINGREY of Georgia, Mr. MARCHANT, 801(a)(1)(A); to the Committee on Natural rule — Community Residential Care Pro- Mr. CONAWAY, Mr. BISHOP of Utah, Resources. gram (RIN: 2900-AM82) received December 1, Ms. FALLIN, Mr. THOMPSON of Penn- 5108. A letter from the Acting Director, Of- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the sylvania, and Mr. LAMBORN): fice of Sustainable Fisheries, NMFS, Na- Committee on Veterans’ Affairs. tional Oceanic and Atmospheric Administra- 5118. A letter from the Chief, Border Secu- H.R. 4308. A bill to amend the Internal Rev- tion, transmitting the Administration’s final rity Regulations Branch, Department of enue Code of 1986 to allow individuals to des- rule — Fisheries of the Exclusive Economic Homeland Security, transmitting the De- ignate certain amounts on their income tax Zone Off Alaska; Pacific Cod in the Central partment’s final rule — Technical Amend- returns, to require spending reductions equal Regulatory Area of the Gulf of Alaska ments to List of CBP Preclearance Offices in to 10 times the amounts so designated, and [Docket No.: 09100091344-9056-02] (RIN: 0648- Foreign Countries: Addition of Halifax, Can- for other purposes; to the Committee on XS79) received December 2, 2009, pursuant to ada and Shannon, Ireland [CBP Dec. 09-45] Ways and Means, and in addition to the Com- 5 U.S.C. 801(a)(1)(A); to the Committee on received December 3, 2009, pursuant to 5 mittee on the Budget, for a period to be sub- Natural Resources. U.S.C. 801(a)(1)(A); to the Committee on sequently determined by the Speaker, in 5109. A letter from the Acting Director, Of- Ways and Means. each case for consideration of such provi- fice of Sustainable Fisheries, NMFS, Na- 5119. A letter from the Chief, Publications sions as fall within the jurisdiction of the tional Oceanic and Atmospheric Administra- and Regulations Branch, Internal Revenue committee concerned. tion, transmitting the Administration’s final Service, transmitting the Service’s final rule By Mr. BRIGHT (for himself and Mr. rule — Fisheries of the Exclusive Economic — Temporary Closing of the Determination THOMPSON of Pennsylvania): Zone Off Alaska; Pacific Cod by Catcher Ves- Letter Program for Adopters of Pre-Ap- H.R. 4309. A bill to amend the Internal Rev- sels 60 ft (18.3 m) LOA and Longer Using proved Defined Benefit Plans received No- enue Code of 1986 to establish tax-preferred Hook-and-Line Gear in the Bering Sea and vember 30, 2009, pursuant to 5 U.S.C. Small Business Start-up Savings Accounts; Aleutian Islands Management Area [Docket 801(a)(1)(A); to the Committee on Ways and to the Committee on Ways and Means. No.: 0810141351-9087-02] (RIN: 0648-XS72) re- Means. By Mr. KUCINICH (for himself, Mr. CONYERS, Mr. DAVIS of Illinois, Ms. ceived December 1, 2009, pursuant to 5 U.S.C. f 801(a)(1)(A); to the Committee on Natural JACKSON-LEE of Texas, and Ms. WAT- Resources. REPORTS OF COMMITTEES ON SON): 5110. A letter from the Deputy Assistant PUBLIC BILLS AND RESOLUTIONS H.R. 4310. A bill to amend the Internal Rev- Administrator for Regulatory Programs, enue Code of 1986 to protect children’s health Under clause 2 of rule XIII, reports of by denying any deduction for advertising and NMFS, National Oceanic and Atmospheric committees were delivered to the Clerk Administration, transmitting the Adminis- marketing directed at children to promote tration’s final rule — Endangered and for printing and reference to the proper the consumption of food at fast food res- Threatened Wildlife; Sea Turtle Conserva- calendar, as follows: taurants or of food of poor nutritional qual- tion [Docket No.: 0809121212-91160-02] (RIN: Mr. THOMPSON of Mississippi: Committee ity; to the Committee on Ways and Means. 0648-AX20) received December 1, 2009, pursu- on Homeland Security. H.R. 3978. A bill to By Mrs. HALVORSON: ant to 5 U.S.C. 801(a)(1)(A); to the Committee amend the Implementing Recommendations H.R. 4311. A bill to amend the Internal Rev- on Natural Resources. of the 9/11 Commission Act of 2007 to author- enue Code of 1986 to extend the increase in 5111. A letter from the Director, Commu- ize the Secretary of Homeland Security to the expensing deduction for small businesses; nity Relations Service, Department of Jus- accept and use gifts for otherwise authorized to the Committee on Ways and Means. tice, transmitting the Department’s report activities of the Center for Domestic Pre- By Mr. BURGESS (for himself, Mr. on the activities of the Community Rela- paredness that are related to preparedness BOEHNER, Mr. KLINE of Minnesota, tions Service (CRS) for Fiscal Years 2007 and for and response to terrorism, and for other Mr. FRELINGHUYSEN, and Mr. ISSA): 2008, pursuant to 42 U.S.C. 2000g-3; to the purposes (Rept. 111–376). Referred to the H.R. 4312. A bill to permit the District of Committee on the Judiciary. Committee of the Whole House on the State Columbia to use Federal funds to provide 5112. A letter from the Assistant Secretary, of the Union. scholarships for enrollment in participating Employment & Training Administration, De- Mr. THOMPSON of Mississippi: Committee schools under the DC School Choice Incen- partment of Labor, transmitting the Depart- on Homeland Security. House Resolution 922. tive Act of 2003 to students who did not re- ment’s final rule — Temporary Agricultural Resolution directing the Secretary of Home- ceive such scholarships in the 2009–2010 Employment of H-2A Aliens in the United land Security to transmit to the House of school year; to the Committee on Oversight States (RIN: 1205-AB55) received November Representatives all information in the pos- and Government Reform. 30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to session of the Department of Homeland Se- By Mr. YOUNG of Alaska (for himself, the Committee on the Judiciary. curity relating to the Department’s plan- Mr. RAHALL, and Mr. HEINRICH): 5113. A letter from the Administrator, ning, information sharing, and coordination H.R. 4313. A bill to amend Part B of title Saint Lawrence Seaway Development Cor- with any state or locality receiving detain- XVIII of the Social Security Act to elimi- poration, Department of Transportation, ees held at Naval Station, Guantanamo Bay, nate the sunset for reimbursement for serv- transmitting the Corporation’s annual finan- Cuba on or after January 20, 2009; with ices furnished by certain Indian hospitals cial audit and management report, in ac- amendments (Rept. 111–377). Referred to the and clinics; to the Committee on Energy and cordance with OMB Circular A-136; to the House Calendar. Commerce, and in addition to the Committee Committee on Transportation and Infra- Mr. CONYERS: Committee on the Judici- on Ways and Means, for a period to be subse- structure. ary. House Resolution 920. Resolution direct- quently determined by the Speaker, in each

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case for consideration of such provisions as Mr. CLAY, Mr. HONDA, Mr. ISRAEL, H. Res. 970. A resolution congratulating fall within the jurisdiction of the committee Ms. WATSON, Ms. BORDALLO, Mr. Flint native, University of Alabama sopho- concerned. MEEK of Florida, Mr. CLEAVER, Mr. more, and running back Mark Ingram on By Mr. RANGEL: AL GREEN of Texas, Ms. MATSUI, Ms. winning the 2009 Heisman Trophy and hon- H.R. 4314. A bill to permit continued fi- MOORE of Wisconsin, Mr. CARSON of oring both his athletic and academic nancing of Government operations; to the Indiana, Ms. CLARKE, Ms. EDWARDS of achievements; to the Committee on Edu- Committee on Ways and Means. Maryland, Mr. ELLISON, Ms. FUDGE, cation and Labor. By Mr. BURGESS: Ms. HIRONO, Mr. JOHNSON of Georgia, By Ms. WASSERMAN SCHULTZ (for H.R. 4315. A bill to authorize the issuance Mr. PERLMUTTER, Ms. RICHARDSON, herself, Mrs. MYRICK, Mr. ADERHOLT, of United States War Bonds to aid in funding Mr. WELCH, Ms. CHU, Mr. HEINRICH, Mr. ALEXANDER, Mr. ARCURI, Mr. of the operations in Iraq and Afghanistan; to Ms. PINGREE of Maine, Mr. POLIS of BACA, Mrs. BACHMANN, Ms. BERKLEY, the Committee on Ways and Means. Colorado, and Mr. QUIGLEY): Mr. BERRY, Mrs. BIGGERT, Mr. BISHOP By Mr. CROWLEY (for himself and Mr. H.R. 4321. A bill to provide for comprehen- of Georgia, Mr. BISHOP of New York, BRADY of Texas): sive immigration reform, and for other pur- Mrs. BLACKBURN, Mr. BLUNT, Mr. H.R. 4316. A bill to suspend temporarily the poses; to the Committee on the Judiciary, BOCCIERI, Ms. BORDALLO, Mr. BOREN, duty on certain footwear, and for other pur- and in addition to the Committees on Home- Mr. BOUSTANY, Mr. BOYD, Mr. BRALEY poses; to the Committee on Ways and Means. land Security, Armed Services, Foreign Af- of Iowa, Mr. BRIGHT, Ms. CORRINE By Mr. CROWLEY (for himself, Mr. fairs, Natural Resources, Ways and Means, BROWN of Florida, Mr. BURTON of In- STARK, Mr. GRIJALVA, and Mr. Education and Labor, Oversight and Govern- diana, Mr. BUTTERFIELD, Mr. CAL- QUIGLEY): ment Reform, and House Administration, for VERT, Mrs. CAPITO, Mrs. CAPPS, Mr. H.R. 4317. A bill to support the establish- a period to be subsequently determined by CARDOZA, Mr. CARNEY, Ms. CASTOR of ment or expansion and operation of pro- the Speaker, in each case for consideration Florida, Mr. CHANDLER, Mrs. grams using a network of public and private of such provisions as fall within the jurisdic- CHRISTENSEN, Mr. CLYBURN, Mr. community entities to provide mentoring for tion of the committee concerned. CONNOLLY of Virginia, Mr. CROWLEY, children in foster care; to the Committee on By Mr. SARBANES: Mr. CULBERSON, Mr. CUMMINGS, Mr. Ways and Means, and in addition to the Com- H.R. 4322. A bill to establish a National DAVIS of Alabama, Mrs. DAVIS of mittee on Education and Labor, for a period Foundation on Physical Fitness and Sports California, Ms. DEGETTE, Ms. to be subsequently determined by the Speak- to carry out activities to support and supple- DELAURO, Mr. LINCOLN DIAZ-BALART er, in each case for consideration of such pro- ment the mission of the President’s Council of Florida, Mr. MARIO DIAZ-BALART of visions as fall within the jurisdiction of the on Physical Fitness and Sports; to the Com- Florida, Mr. DINGELL, Mrs. EMERSON, committee concerned. mittee on Education and Labor. Mr. ENGEL, Mr. FARR, Mr. FOSTER, By Ms. KAPTUR: By Mr. SOUDER: Ms. FUDGE, Ms. GIFFORDS, Mr. H.R. 4318. A bill to authorize the President H.R. 4323. A bill to amend the Internal Rev- GINGREY of Georgia, Ms. GRANGER, to reestablish the Civilian Conservation enue Code of 1986 to allow a credit against Mr. GRAYSON, Mr. GRIFFITH, Mr. Corps as a means of providing gainful em- tax for certain costs relating to compliance HALL of New York, Mrs. HALVORSON, ployment to unemployed and underemployed with financial regulations; to the Committee Mr. HASTINGS of Florida, Mr. citizens of the United States through the on Ways and Means. HEINRICH, Mr. HELLER, Ms. HERSETH performance of useful public work, and for By Ms. TITUS: SANDLIN, Mr. HIGGINS, Mr. HODES, other purposes; to the Committee on Edu- H.R. 4324. A bill to amend the Homeowners Mr. HOLDEN, Mr. ISRAEL, Ms. EDDIE cation and Labor. Assistance Program of the Department of BERNICE JOHNSON of Texas, Mr. JOHN- By Mr. MORAN of Kansas: Defense to give the Secretary of Defense SON of Georgia, Mr. KILDEE, Ms. KIL- H.R. 4319. A bill to amend title 38, United flexibility regarding setting the commence- ROY, Mr. KIND, Mr. KLEIN of Florida, States Code, to provide for certain improvement date for homeowner assistance for Mr. KRATOVIL, Mr. LANCE, Mr. ments in the laws relating to specially members of the Armed Forces permanently LARSON of Connecticut, Ms. LEE of adapted housing assistance provided by the reassigned during the mortgage crisis; to the California, Mr. LUETKEMEYER, Mr. Secretary of Veterans Affairs; to the Com- Committee on Armed Services, and in addi- LEWIS of Georgia, Mr. LIPINSKI, Mr. mittee on Veterans’ Affairs. tion to the Committee on Financial Serv- LOBIONDO, Mrs. LOWEY, Mr. LYNCH, By Mr. MURPHY of New York: ices, for a period to be subsequently deter- Ms. MARKEY of Colorado, Ms. MATSUI, H.R. 4320. A bill to amend title 38, United mined by the Speaker, in each case for con- Ms. MCCOLLUM, Mr. MCGOVERN, Mrs. States Code, to expand the types of approved sideration of such provisions as fall within MCMORRIS RODGERS, Mr. MCNERNEY, programs of education for purposes of Post- the jurisdiction of the committee concerned. Mr. MEEK of Florida, Mr. MELANCON, 9/11 Educational Assistance Program of the By Mr. TONKO: Mr. MOORE of Kansas, Mr. MURPHY of Department of Veterans Affairs; to the Com- H.R. 4325. A bill to establish a grant pro- Connecticut, Mr. PATRICK J. MURPHY mittee on Veterans’ Affairs. gram to assist schools in establishing a uni- of Pennsylvania, Mr. MURPHY of New By Mr. ORTIZ (for himself, Mr. CON- versal free classroom breakfast program; to York, Mr. OLVER, Mr. PERRIELLO, Mr. YERS, Mr. SERRANO, Mr. RANGEL, Mr. the Committee on Education and Labor. PETERS, Mr. POLIS of Colorado, Mr. PASTOR of Arizona, Mr. STARK, Mr. By Mr. OBEY: PUTNAM, Mr. RANGEL, Ms. ROS- GUTIERREZ, Mr. WAXMAN, Mr. BECER- H.J. Res. 64. A joint resolution making fur- LEHTINEN, Mr. SCHAUER, Mrs. RA, Mr. FRANK of Massachusetts, Ms. ther continuing appropriations for fiscal SCHMIDT, Mr. SCOTT of Georgia, Mr. ROYBAL-ALLARD, Mr. BERMAN, Ms. year 2010, and for other purposes; to the SESTAK, Ms. SHEA-PORTER, Mr. SHER- ´ VELAZQUEZ, Mrs. CHRISTENSEN, Mr. Committee on Appropriations. MAN, Mr. SPACE, Mr. STUPAK, Ms. HINOJOSA, Mr. TOWNS, Mr. REYES, Mr. By Mr. ORTIZ: SUTTON, Mr. TANNER, Mr. THOMPSON LEWIS of Georgia, Mr. BACA, Mr. H. Con. Res. 222. Concurrent resolution rec- of Pennsylvania, Ms. TSONGAS, Mr. PALLONE, Mr. GONZALEZ, Mr. AN- ognizing the leadership and historical con- WALZ, Mr. WEINER, Mr. WEXLER, Mr. DREWS, Mrs. NAPOLITANO, Mr. tributions of Dr. Hector Garcia to the His- WILSON of Ohio, Ms. WOOLSEY, Mr. MCDERMOTT, Mr. GRIJALVA, Mr. panic community and his remarkable efforts RODRIGUEZ, Mr. NADLER of New York, ENGEL, Mr. CUELLAR, Mr. to combat racial and ethnic discrimination Mr. NYE, Mr. DONNELLY of Indiana, FALEOMAVAEGA, Mr. SALAZAR, Mr. in the United States of America; to the Com- Ms. EDWARDS of Maryland, Mrs. NEAL of Massachusetts, Mr. SIRES, mittee on the Judiciary, and in addition to DAHLKEMPER, Ms. KOSMAS, Mr. NEAL ´ Mr. ABERCROMBIE, Mr. LUJAN, Ms. the Committee on Education and Labor, for of Massachusetts, Ms. HARMAN, Mr. NORTON, Mr. PIERLUISI, Mr. MORAN of a period to be subsequently determined by ACKERMAN, Mr. MEEKS of New York, Virginia, Mr. SABLAN, Mr. NADLER of the Speaker, in each case for consideration Mr. TEAGUE, Mr. MCMAHON, Mr. New York, Mr. OLVER, Ms. WATERS, of such provisions as fall within the jurisdic- MAFFEI, Mr. MITCHELL, Mr. KAGEN, Ms. CORRINE BROWN of Florida, Mr. tion of the committee concerned. Mr. MURTHA, Mr. WU, Mr. DAVIS of Il- FARR, Mr. FILNER, Mr. GENE GREEN of By Mr. KILDEE (for himself, Mr. DIN- linois, Mr. BUCHANAN, and Ms. Texas, Mr. HASTINGS of Florida, Ms. GELL, Mr. LEVIN, Ms. KILPATRICK of HIRONO): EDDIE BERNICE JOHNSON of Texas, Michigan, Ms. SCHAKOWSKY, Mr. STU- H. Res. 971. A resolution expressing the Mrs. MALONEY, Mr. RUSH, Mr. SCOTT PAK, Mr. BACA, Mr. BONNER, Mr. ROG- sense of the House of Representatives regard- of Virginia, Ms. WOOLSEY, Mr. ERS of Alabama, Mr. ADERHOLT, Mr. ing guidelines for breast cancer screening for BLUMENAUER, Mr. FATTAH, Mr. JACK- GRIFFITH, Mr. MOORE of Kansas, Mr. women ages 40 to 49; to the Committee on SON of Illinois, Ms. JACKSON-LEE of RYAN of Ohio, Mr. SHULER, Mr. PE- Energy and Commerce. considered and Texas, Mrs. CAPPS, Mr. DAVIS of Illi- TERS, Mr. VISCLOSKY, Mr. CONYERS, agreed to. nois, Ms. DEGETTE, Ms. KILPATRICK of Mr. HINCHEY, Mr. UPTON, Mr. CAMP, By Mr. DAVIS of Alabama (for himself, Michigan, Mr. KUCINICH, Ms. LEE of Mr. MCCOTTER, Mr. SCHAUER, Mr. Mr. BONNER, Mr. GRIFFITH, Mr. ROG- California, Mr. MCGOVERN, Mr. DAVIS of Alabama, Mr. BACHUS, Mr. ERS of Alabama, Mr. ADERHOLT, and MEEKS of New York, Ms. HARE, Mr. HOEKSTRA, Mr. ROGERS of Mr. BRIGHT): SCHAKOWSKY, Ms. BERKLEY, Mr. Michigan, Mr. EHLERS, Mr. BOREN, H. Res. 972. A resolution commending Uni- CAPUANO, Mr. CROWLEY, Mr. WEINER, and Mr. KIND): versity of Alabama Running Back Mark

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Ingram on winning the 2009 Heisman Trophy; H.R. 2054: Mr. JACKSON of Illinois. TERSON, Mr. ALTMIRE, Ms. GIFFORDS, Mr. to the Committee on Education and Labor. H.R. 2067: Mr. RANGEL and Mr. CROWLEY. GUTHRIE, Mr. QUIGLEY, Mr. POLIS of Colo- By Mr. ALEXANDER: H.R. 2103: Mr. MASSA and Mr. CRENSHAW. rado, Mrs. MYRICK, Mrs. HALVORSON, Mr. H. Res. 974. A resolution urging the Admin- H.R. 2119: Mr. MANZULLO. DRIEHAUS, and Mr. NYE. istrator of the Environmental Protection H.R. 2408: Mr. DINGELL. H.R. 4260: Mrs. CAPPS. Agency to reevaluate the endangerment and H.R. 2458: Mr. MANZULLO. H.R. 4262: Mr. WITTMAN, Mr. BARRETT of cause or contribute findings regarding green- H.R. 2478: Ms. SLAUGHTER and Mr. INGLIS. South Carolina, and Mrs. BIGGERT. house gases signed on December 7, 2009; to H.R. 2480: Mr. SCHIFF and Ms. TITUS. H.R. 4263: Mr. HEINRICH, Mr. BACA, Ms. the Committee on Energy and Commerce. H.R. 2485: Mr. FRANK of Massachusetts. DELAURO, Mr. BOUCHER, Mr. LEWIS of Geor- By Ms. SCHWARTZ (for herself, Mr. H.R. 2556: Mr. BURGESS. gia, Mr. WEINER, Mr. HARE, and Mr. HINCHEY. HOLDEN, Mr. BURGESS, Mr. MEEK of H.R. 2628: Mr. WILSON of Ohio. H.R. 4268: Ms. SUTTON. Florida, Mr. PASTOR of Arizona, Mr. H.R. 2698: Mr. WEINER and Mr. BERMAN. H.R. 4270: Mr. SOUDER and Mr. LOBIONDO. CLEAVER, Mr. GERLACH, Mr. HASTINGS H.R. 2699: Mr. WEINER and Mr. BERMAN. H.R. 4298: Mr. FILNER and Mr. WEINER. of Florida, Mr. MOORE of Kansas, Mr. H.R. 2700: Ms. SLAUGHTER. H.R. 4307: Mr. THOMPSON of California. BLUMENAUER, Ms. VELA´ ZQUEZ, Ms. H.R. 2730: Ms. BALDWIN, Mr. GRIFFITH, and H.J. Res. 11: Mr. PITTS. LEE of California, Ms. KAPTUR, Mr. Ms. WOOLSEY. H.J. Res. 57: Mr. GOODLATTE. FATTAH, Mr. SERRANO, Mr. MEEKS of H.R. 2733: Mr. RAHALL, Mrs. BLACKBURN, H.J. Res. 61: Mr. PASTOR of Arizona. New York, Mr. PLATTS, Mr. ELLISON, Mr. CHILDERS, Mr. AUSTRIA, and Mr. H. Con. Res. 137: Ms. SLAUGHTER. Mr. RANGEL, Ms. MATSUI, Ms. CHU, MARCHANT. H. Con. Res. 216: Ms. SCHAKOWSKY, Ms. ED- Mrs. DAHLKEMPER, Mr. HONDA, Mr. H.R. 2752: Mr. MANZULLO. WARDS of Maryland, and Mr GARAMENDI. DAVIS of Illinois, Ms. SUTTON, Ms. H.R. 2799: Mr. JACKSON of Illinois. H. Con. Res. 220: Mr. JOHNSON of Georgia, CASTOR of Florida, Ms. WATSON, Mr. H.R. 2866: Mr. YARMUTH. Mr. MCGOVERN, Mr. SMITH of Washington, INSLEE, Mr. MCGOVERN, Ms. CLARKE, H.R. 3116: Mr. LIPINSKI. and Mr. WALZ. Mr. CARDOZA, Mr. HINCHEY, and Ms. H.R. 3129: Mr. PENCE. H. Con. Res. 221: Mr. MOORE of Kansas. WOOLSEY): H.R. 3217: Mr. INGLIS. H. Res. 601: Mr. ISRAEL. ´ H. Res. 975. A resolution recognizing the H.R. 3286: Ms. LINDA T. SANCHEZ of Cali- H. Res. 699: Mr. LUCAS. potential for a national fresh food financing fornia. H. Res. 732: Ms. BERKLEY, Mr. CARNAHAN, initiative to provide an effective and eco- H.R. 3308: Mr. KLEIN of Florida. Mr. FLAKE, Mr. MEEKS of New York, Mr. MIL- nomically sustainable solution to the prob- H.R. 3315: Mr. CLEAVER. LER of North Carolina, Mr. SHERMAN, and Mr. lem of limited access to healthy foods in un- H.R. 3339: Mr. MINNICK and Mr. SALAZAR. PAYNE. derserved urban, suburban, and rural low-in- H.R. 3421: Mr. MASSA. H. Res. 764: Mr. PENCE. come communities, while also improving H.R. 3524: Mr. SKELTON and Mr. KAGEN. H. Res. 812: Mr. TIAHRT. health and stimulating local economic devel- H.R. 3592: Mr. MINNICK. H. Res. 840: Mr. PENCE. opment; to the Committee on Agriculture. H.R. 3608: Mr. DOGGETT. H. Res. 859: Mr. ELLISON and Mr. MCGOV- H.R. 3646: Ms. ZOE LOFGREN of California. f ERN. H.R. 3652: Mr. COBLE. H. Res. 862: Mr. HOLT, Mrs. HALVORSON, and ADDITIONAL SPONSORS H.R. 3701: Ms. BERKLEY. Mr. LIPINSKI. H.R. 3706: Ms. GRANGER. H. Res. 905: Ms. ZOE LOFGREN of California, Under clause 7 of rule XII, sponsors H.R. 3720: Mr. KAGEN. were added to public bills and resolu- and Mr. WATT. H.R. 3734: Ms. SHEA-PORTER. H. Res. 936: Mr. COURTNEY and Mrs. tions as follows: H.R. 3775: Mr. SOUDER. MCMORRIS RODGERS. H.R. 211: Ms. EDWARDS of Maryland, Mr. H.R. 3790: Mr. OBERSTAR and Mr. DAVIS of H. Res. 943: Mr. LAMBORN. DOYLE, and Mr. DEFAZIO. Kentucky. H. Res. 944: Mrs. MILLER of Michigan and H.R. 219: Mr. BOOZMAN. H.R. 3943: Mr. PASTOR of Arizona, Mr. Mrs. DAHLKEMPER. H.R. 240: Mr. BISHOP of Utah. CHILDERS, Mr. ORTIZ, Mr. JACKSON of Illinois, H. Res. 947: Mr. FARR, Mr. RANGEL, Mr. H.R. 305: Ms. PINGREE of Maine. Ms. SCHAKOWSKY, Mr. BARTLETT, Ms. GINNY STARK, Mr. PAYNE, and Mr. CARNAHAN. H.R. 391: Mrs. BONO MACK and Mr. COFFMAN BROWN-WAITE of Florida, and Mrs. H. Res. 951: Mr. NUNES and Mr. MCINTYRE. of Colorado. NAPOLITANO. H. Res. 966: Mr. SESSIONS, Mr. LATTA, and H.R. 422: Mr. LUETKEMEYER. H.R. 4014: Mr. FARR. Mr. CARTER. H.R. 463: Mr. HEINRICH. H.R. 4054: Mr. COSTELLO, Mr. ELLSWORTH, H.R. 503: Mr. HIMES. Ms. HARMAN, and Mr. JONES. f H.R. 571: Mr. MORAN of Virginia. H.R. 4060: Mr. MINNICK. H.R. 690: Mr. UPTON. H.R. 4075: Mr. POSEY. CONGRESSIONAL EARMARKS, LIM- H.R. 725: Mr. HEINRICH. H.R. 4085: Mr. BLUMENAUER, Mr. BRADY of ITED TAX BENEFITS, OR LIM- H.R. 745: Mr. ELLISON. Texas, Mr. HEINRICH, and Mr. ISRAEL. ITED TARIFF BENEFITS H.R. 847: Ms. MCCOLLUM and Mr. BRALEY of H.R. 4091: Mr. WAMP. Iowa. H.R. 4109: Mr. PAYNE. Under clause 9 of rule XXI, lists or H.R. 1020: Mr. FILNER. H.R. 4110: Mr. SCHOCK. statements on congressional earmarks, H.R. 1021: Ms. SUTTON. H.R. 4127: Mr. SCHOCK. limited tax benefits, or limited tariff H.R. 1064: Mr. HEINRICH. H.R. 4138: Mr. FORBES. benefits were submitted as follows: H.R. 1067: Mr. BISHOP of Georgia. H.R. 4140: Mr. CARSON of Indiana. OFFERED BY MR. RANGEL H.R. 1103: Mr. GINGREY of Georgia. H.R. 4147: Ms. BERKLEY. H.R. 1177: Mr. CUELLAR, Mrs. DAHLKEMPER, H.R. 4149: Mr. HEINRICH and Mr. KAGEN. H.R. 4314, a bill to permit continued fi- and Mr. CROWLEY. H.R. 4156: Mr. KAGEN. nancing of government operation, does not H.R. 1326: Ms. EDDIE BERNICE JOHNSON of H.R. 4160: Ms. LINDA T. SA´ NCHEZ of Cali- contain any congressional earmarks, limited Texas and Mr. SHERMAN. fornia. tax benefits, or limited tariff benefits as de- H.R. 1378: Mr. HILL. H.R. 4167: Mr. DOYLE. fined in clause 9 of rule XXI. H.R. 1547: Mr. ROSKAM. H.R. 4196: Ms. ESHOO, Ms. LINDA T. OFFERED BY MR. OBEY H.R. 1646: Mr. MARKEY of Massachusetts. SA´ NCHEZ of California, and Mr. COSTELLO. H.J. Res. 64, making further continuing ap- H.R. 1677: Ms. ROYBAL-ALLARD. H.R. 4197: Mr. MORAN of Virginia, Mr. propriations for the fiscal year 2010, and for H.R. 1688: Mr. ABERCROMBIE. PLATTS, Mrs. NAPOLITANO, and Ms. RICHARD- other purposes, contains no congressional H.R. 1708: Mr. GORDON of Tennessee. SON. earmarks, limited tax benefits, or limited H.R. 1721: Mr. HARE. H.R. 4199: Mr. ROGERS of Alabama and Mrs. tariff benefits as defined in clause 9 of rule H.R. 1806: Mr. BUCHANAN. EMERSON. XXI. H.R. 1826: Mr. MINNICK. H.R. 4210: Mr. PLATTS. H.R. 1831: Mr. MOLLOHAN and Ms. EDDIE H.R. 4220: Mr. LUETKEMEYER. f BERNICE JOHNSON of Texas. H.R. 4233: Mr. HERGER. H.R. 1974: Mr. GOODLATTE, Mr. PETERS, and H.R. 4247: Mrs. MALONEY. DELETIONS OF SPONSORS FROM Mr. MAFFEI. H.R. 4255: Mrs. KIRKPATRICK of Arizona, Mr. PUBLIC BILLS AND RESOLUTIONS H.R. 1977: Mr. HINCHEY. HEINRICH, Mr. WITTMAN, Mr. MURPHY of New Under clause 7 of rule XII, sponsors H.R. 1987: Mr. HOLT. York, Mr. PETERS, Mr. DONNELLY of Indiana, H.R. 1990: Mr. BERRY and Mr. ELLSWORTH. Mr. MCNERNEY, Mr. PERRIELLO, Mr. were deleted from public bills and reso- H.R. 2000: Mr. PENCE. LUETKEMEYER, Mr. ELLSWORTH, Mr. FLEMING, lutions as follows: H.R. 2024: Mr. ARCURI. Mr. CARNAHAN, Ms. SHEA-PORTER, Mr. PE- H. Res. 648: Mr. DOGGETT.

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Vol. 155 WASHINGTON, TUESDAY, DECEMBER 15, 2009 No. 190 Senate The Senate met at 10 a.m. and was greater justice and peace. Lord, give to the Senate from the President pro called to order by the Honorable RO- our Senators a daily respect and sub- tempore (Mr. BYRD). LAND W. BURRIS, a Senator from the mission to Your will and commands. The assistant legislative clerk read State of Illinois. We pray in Your sovereign Name. Amen. the following letter: PRAYER U.S. SENATE, f The Chaplain, Dr. Barry C. Black, of- PRESIDENT PRO TEMPORE, fered the following prayer: PLEDGE OF ALLEGIANCE Washington, DC, December 15, 2009. Let us pray. The Honorable ROLAND W. BURRIS led To the Senate: Loving God, You know our weak- the Pledge of Allegiance, as follows: Under the provisions of rule I, paragraph 3, nesses and the extent of our failure to I pledge allegiance to the Flag of the of the Standing Rules of the Senate, I hereby love You and one another. Look upon United States of America, and to the Repub- appoint the Honorable ROLAND W. BURRIS, a us with mercy and use us to heal the lic for which it stands, one nation under God, Senator from the State of Illinois, to per- hurt in our world. Establish the labor indivisible, with liberty and justice for all. form the duties of the Chair. of our lawmakers, strengthening them f ROBERT C. BYRD, to honor You by serving others. Let President pro tempore. Your life-giving Spirit move them to APPOINTMENT OF ACTING feel greater compassion for those in PRESIDENT PRO TEMPORE Mr. BURRIS thereupon assumed the need. Use them to remove barriers that The PRESIDING OFFICER. The chair as Acting President pro tempore. divide us, as they help all to live in clerk will please read a communication

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

S13203

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 8633 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13204 CONGRESSIONAL RECORD — SENATE December 15, 2009 RECOGNITION OF THE MAJORITY Yet now we are being told by the ad- Americans have a message: Higher LEADER ministration’s own nonpartisan score- premiums, higher taxes, higher health The ACTING PRESIDENT pro tem- keeper—again the CMS Actuary—that care costs are not what they signed up pore. The majority leader is recog- new fees for drugs, devices, and insur- for. This is not what they were prom- nized. ance plans will drive up insurance pre- ised. This is not reform. Yes, doing miums. nothing is not an option, but making f The purpose of reform was also to current problems worse is worse. SCHEDULE ease the burden on taxpayers. Here is f what the President had to say about Mr. REID. Mr. President, following TRIBUTE TO JACKIE HAYS leader remarks, the Senate will resume that: Mr. MCCONNELL. Mr. President, I consideration of H.R. 3590, the health No family making less than $250,000 a year rise to wish a fond farewell to one of reform bill. There will be 5 hours for will see any form of tax increase. the Nation’s finest television news an- debate prior to votes in relation to the That was the President on September chors, Louisville’s own Jackie Hays. following amendments and motion: 12, 2008: ‘‘No family’’—not a one—‘‘no After more than three decades in Baucus, Crapo, Dorgan, Lautenberg. family making less than $250,000 a year broadcasting, most of it spent in Louis- We can never determine for sure, Mr. will see any form of tax increase.’’ ville, Jackie will be retiring, and peo- President, but it appears the votes Yet now we are told by the inde- ple throughout Louisville and across should start between 5 and 6 o’clock. pendent analysts, such as the Joint Committee on Taxation, that taxes Kentucky are sorry to see her go. The Senate will be in recess from 12:45 will actually go up on those same tax- The level of respect Jackie has until 3:15 p.m. today for the weekly payers, those making under $250,000 a earned in the community is reflected caucus luncheons. year. in the many awards she has won over f People who like the plans they have the years. She has received 16—16— RECOGNITION OF THE MINORITY were told they would be able to keep Best of Louisville awards, including LEADER them. Here is what the President had numerous honors as Best Female News to say about that: Anchor. The ACTING PRESIDENT pro tem- If you like your current plan— In 2005, she was named ‘‘Best of the pore. The Republican leader is recog- Best’’ by Louisville Magazine. She has nized. ‘‘If you like your current plan’’— you will be able to keep it. also received the Star Awards from the f Women in Radio and Television, and Then he said: HEALTH CARE REFORM Emmy nominations for her work both Let me repeat that: If you like your plan, in Louisville and Philadelphia. Mr. MCCONNELL. Mr. President, you’ll be able to keep it. Jackie has had a lot of wonderful ex- with Americans now really focusing in That was July 21, 2009, just this sum- periences in her career, all in pursuit of on the health care debate, it is impor- mer. Yet now we are told by the inde- getting the best story for her viewers. tant to take a step back and recall pendent analysts, such as the Congres- She reported live from the scene of the where we started because somewhere sional Budget Office, that millions of bombing at the 1996 Summer Olympics along the way, Democratic leaders Americans will lose their employer- in Atlanta. She interviewed two Presi- took their eyes off the ball. based coverage and that millions of dents; one of them was Ronald Reagan It is a good time to remember what seniors will see their extra benefits cut over lunch. And, of course, she has this reform debate was all about. The by about half. been a fixture in many Louisville goal of this legislation, by all ac- Americans are looking at this, and homes on the first Saturday of every counts—everyone agreed—the goal was they are truly outraged. The American May, as she has anchored coverage of to lower the cost of health care. This is people are outraged at what is hap- the Kentucky Derby 25 times. what the President had to say. It is a pening. They cannot understand what Once she went up in an F/A–18 Hornet direct quote: we are doing. The latest CNN poll says with the Blue Angels, a U.S. Navy fly- The bill I sign— 61 percent of Americans oppose this ing acrobatic team that has performed According to the President— bill; 61 percent of the American people in the Kentucky Derby Festival. She must . . . slow the growth of health care are saying don’t pass this bill. flew at 600 knots—that is nearly 700 costs in the long run. This bill is completely out of touch miles an hour—and was subjected to with the American public. Think about That was on July 22 of this year. Yet seven times the normal force of grav- it: 1 out of 10 working Americans is ity. She may have blacked out briefly here we are, nearly 5 months later, and looking for a job, and Democratic lead- the administration’s own scorekeeper, with all that force—as the instructor ers in Washington want to spend $2.5 told her most people do—but for the the CMS Actuary—the Centers for trillion on a bill that makes existing Medicare and Medicaid Services Actu- thrill of the ride, and to better tell the problems worse. Mr. President, 1 out of story to her viewers, she says it was ary—says the Democratic bill will ac- 10 Americans is out of work, and yet tually drive costs up, exactly the oppo- worth it. the majority seeks to pass a bill that Jackie was born in Paris, TN, right site of what the debate was all about in makes the existing problems worse. over the border from Murray, KY, and the beginning, and exactly opposed to Yet Democratic leaders in Washington she attended Murray State University what the President indicated on July are still insisting that we pass this bill. on a special Presidential academic 22, that he would not sign such a bill. Even as opposition grows, supporters scholarship. She was named the out- Now, remember, the purpose of re- of the bill are drafting plans and cut- standing senior in radio and television form was to lower people’s insurance ting deals to make this bill the law of and began her broadcasting career at a premiums as well. Here is what the the land by Christmas—ignoring the Paducah station while still a senior in President had to say about that, a di- wishes of the American people, off in a college. rect quote: room somewhere, cutting plans and After graduating with highest hon- I have made a solemn pledge— making deals, trying to figure out ors, she went on to a full-time position, Said the President— some way to jam the American people until moving to Louisville in 1980 to that I will sign a universal health care bill when they are asking us, overwhelm- work for WHAS Television. After 5 into law by the end of my first term as Presi- ingly: Please don’t pass this bill. years, she briefly went to work in dent that will . . . cut the cost of a typical You get the impression that the sup- Philadelphia, but in 1988 she returned family’s premiums by up to $2500 a year. porters of this bill think it is about to Kentucky and River City where she That was the President campaigning them, about them and their legacies. has stayed ever since. for President on June 24, 2007, ‘‘a sol- Well, this is not about them. This is For the last 21 years, since returning emn pledge that I will sign a universal about the American people. This is not to Louisville, Jackie has been with health care bill into law . . . that will about making history. This is about WAVE–3 News. She is currently the an- . . . cut the cost of a typical family’s doing the right thing for every single chor of that channel’s 5 p.m. and 6 p.m. premiums by up to $2500 a year.’’ American’s health care. newscasts.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13205 After 32 years in broadcasting, Jack- following Senators controlling 1 hour: insurance plans through new fair and ie has earned a well-deserved rest, and The Senator from Idaho, Mr. CRAPO; competitive marketplaces called insur- I know she is looking forward to spend- the Senator from North Dakota, Mr. ance exchanges. ing more time with her husband Paul, DORGAN; the Senator from New Jersey, The Congressional Budget Office ex- their two daughters, and their dogs. Mr. LAUTENBERG; the Republican lead- pects that by the year 2019, 25 million Jackie and Paul are avid horse riders, er and this Senator. Americans will buy health insurance and I hear they just got a new horse The Senate will recess from 12:45 to plans through the new exchanges. The named Chipper. 3:15 for party conferences. vast majority of those Americans— But Jackie will be greatly missed by Upon the use or yielding back of the about 19 million—will receive tax cred- the people of Louisville and the sur- 5 hours of debate, which is likely to be its; that is, tax reductions, or help pay- rounding area. Every day, through the between 5 o’clock and 6 o’clock this ing their copays and other out-of-pock- television, viewers have welcomed her evening, the Senate will proceed to et costs. These tax credits will reduce into their homes. Now we should stop vote in relation to four amendments in their health insurance costs by nearly and recognize that we have welcomed this order: First, my side-by-side 60 percent. her into our community and our lives amendment on tax cuts; second, the This bill does not raise taxes on the as well. So I just wanted to take this Crapo motion to commit on taxes; middle class. This bill is a tax cut for moment to thank her for her incredible third, the Dorgan amendment No. 2793 Americans. career on behalf of Kentuckians every- on drug reimportation; and the Lauten- Over the next 10 years, the health where. berg side-by-side amendment No. 3156 care reform bill will provide $441 bil- Mr. President, I yield the floor. on drug reimportation. lion in tax credits to buy health insur- f Each amendment will need to get 60 ance for American families, workers, votes or else be withdrawn. and small businesses—$441 billion in SERVICE MEMBERS HOME Upon disposition of these amend- tax credits. Americans affected by the OWNERSHIP TAX ACT OF 2009 ments and the motion, the next two major tax provisions of this bill will re- The ACTING PRESIDENT pro tem- Senators to be recognized to offer a ceive an overall tax cut of 1.3 percent pore. Under the previous order, the motion and an amendment will be, in the year 2017. That is a total of $40 Senate will resume consideration of first, the Senator from Texas, Mrs. billion. That is an average of almost H.R. 3590, which the clerk will report. HUTCHISON, to offer a motion to com- $450 for every taxpayer affected. That The legislative clerk read as follows: mit regarding taxes; and, second, the same year, 2017, low- and middle-in- A bill (H.R. 3590) to amend the Internal Senator from Vermont, Mr. SANDERS, come taxpayers who earn between Revenue Code of 1986 to modify the first-time to offer amendment No. 2837 on single $20,000 and $30,000 a year will see an av- home buyers credit in the case of members of payer. erage Federal tax decrease of nearly 37 the Armed Forces and certain other Federal AMENDMENT NO. 3183 TO AMENDMENT NO. 2786 percent. I will repeat that. I think it is employees, and for other purposes. Mr. President, under the previous astounding. People with incomes be- Pending: order, it is in order for this Senator to tween $20,000 and $30,000 a year will re- Reid amendment No. 2786, in the nature of offer a side-by-side amendment to the ceive an average Federal tax decrease a substitute. motion to commit, offered by the Sen- of nearly 37 percent. In that same year, Dorgan modified amendment No. 2793 (to ator from Idaho, Mr. CRAPO, and pursu- 2017, the average taxpayer making less amendment No. 2786), to provide for the im- than $75,000 a year will receive a tax portation of prescription drugs. ant to that order, I call up my amendment No. 3183. credit of more than $1,300. In 2019, 2 Crapo motion to commit the bill to the years later, that tax credit will grow to Committee on Finance, with instructions. The ACTING PRESIDENT pro tempore. The clerk will report the amend- more than $1,500. The ACTING PRESIDENT pro tem- Without this tax cut, many individ- pore. Under the previous order, there ment. The legislative clerk read as follows: uals and families will continue to forgo will be 5 hours for debate, with 2 hours health care because it costs too much. equally divided between the Senator The Senator from Montana [Mr. BAUCUS] proposes an amendment numbered 3183. We make it easier for people to buy from Montana, Mr. BAUCUS, and the health care with those tax cuts. Senator from Idaho, Mr. CRAPO, or Mr. BAUCUS. Mr. President, I ask In addition to a tax cut, this bill also their designees, 2 hours equally divided unanimous consent that the reading of represents increased wages in the pock- between the Senator from North Da- the amendment be dispensed with. ets of millions of Americans. Even my kota, Mr. DORGAN, and the Senator The ACTING PRESIDENT pro tem- colleague from Idaho agrees that as a from New Jersey, Mr. LAUTENBERG, or pore. Without objection, it is so or- result of this bill, Americans will see their designees, and 1 hour under the dered. increased wages. He said that exact control of the Republican leader or his The amendment is as follows: thing on the floor last week. As a re- designee. (Purpose: To protect middle class families sult of this bill, many Americans will Who yields time? from tax increases) see increased wages. The Senator from Montana is recog- At the appropriate place, insert the fol- Senator CRAPO gave the example of nized. lowing: an employee, the value of whose health Mr. BAUCUS. Mr. President, for the SEC. ll. PROTECTING MIDDLE CLASS FAMILIES insurance decreased but whose overall FROM TAX INCREASES. benefit of all Senators, let me lay out compensation did not decrease. As a re- today’s program. It is the sense of the Senate that the Sen- ate should reject any procedural maneuver sult, the employee would receive addi- It has been more than 31⁄2 weeks since that would raise taxes on middle class fami- tional wages. the majority leader moved to proceed lies, such as a motion to commit the pending Why are workers going to complain to the health care reform bill. This is legislation to the Committee on Finance, that they are paying more in wages be- the 14th day the Senate has considered which is designed to kill legislation that pro- cause they have more money in their it. The Senate has considered 18 vides tax cuts for American workers and pocket? If incomes are going up, their amendments and motions. We have families, including the affordability tax wages are going up. Clearly, their taxes credit and the small business tax credit. conducted 14 rollcall votes. are going to go up correspondingly, but Today, the Senate will continue de- Mr. BAUCUS. Mr. President, during obviously the taxes are not going to go bating the Dorgan amendment on pre- the Presidential campaign, President up by as much as the wages. scription drug reimportation and the Obama promised not to raise taxes on I have a letter from the Congres- Lautenberg alternative amendment to Americans who earn less than $200,000 a sional Budget Office, dated November that amendment and we will continue year or American families who earn 18, that states just that. On page 18, debating the Crapo motion on taxes, less than $250,000 a year. That was his the Congressional Budget Office says: for which I have filed a side-by-side promise. This bill keeps his promise. If employers increase or decrease the amendment as well. This bill will provide tax credits to amount of compensation they provide in the Under the previous order, there will help American families, workers, and form of health insurance (relative to current be 5 hours of debate, with each of the small businesses to buy quality health law projection), the Congressional Budget

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13206 CONGRESSIONAL RECORD — SENATE December 15, 2009 Office and the Joint Committee on Taxation years. That is no small matter. Sen- what do they get in return? They get assume that offsetting changes will occur in iors, near seniors, are very concerned much better insurance because we have wages and other forms of compensation— about the solvency of the health care insurance market reform in this legis- which are generally taxable—to hold total trust fund. This legislation extends the lation. No more preexisting conditions. compensation roughly the same. solvency of the health care trust fund No more rescissions. No more denial I have a chart behind me that shows by 9 years. based on health status. No more com- that very point for each of the years So just think, if this legislation is pany limitations on annual losses. No this bill is in effect. Looking, first, not passed, the solvency of the health more limitations on lifetime losses. So over to the left—the chart shows from care trust fund will not be extended by for the same premium, they are going 2013 up to 2019, but on the far left, the 9 years. The Actuary says, the Medi- to get a lot better quality. Instead of green is the percent of total tax rev- care trustees say it will probably start buying a used car, they are going to enue due to increased wages. That is to become insolvent, the Medicare get a new car for roughly the same wages increasing. The white is the per- trust fund, the Medicare trust fund will price. cent of total tax revenue due to excise become insolvent in just a few years— So the analysis of this legislation is taxes, the increased taxes the person 2017. Clearly, it is very important to very clear: Reduction of premiums, will have to pay. Wages far outstrip the extend the solvency of the Medicare CBO says so; extension of solvency of taxes. The increase in wages is far trust fund. How does this legislation the trust fund, CBO and the Actuary greater, according to the Congressional extend the solvency of the trust fund? say so; a reduction in premiums and Budget Office and the Joint Committee It is very simple. We cut out a lot of out-of-pocket costs for a couple by $700 on Taxation. the waste. We cut out a lot of the inef- by the year 2019. That is what the Ac- Just to repeat, as that chart illus- ficiency. We make the system work tuary says. trates, the overwhelming majority of better so the fund is extended for 9 So this legislation lives up to the revenue raised from the high-cost in- more years. promise we made earlier. It does not surance excise tax will come from in- In addition, the Actuary says this raise taxes for people making under creased wages. Only 17.5 percent of the legislation, by the year 2019, will result $200,000. I think the legislation should revenue will be attributable to the ex- in about a $300-per-couple reduction in clearly be passed. cise tax. The rest, more than 82 per- Part B premiums. In addition to that, Let me say this too. Someone once cent, will come from employees getting the Actuary concludes the legislation said—and I will conclude here—that more than their compensation wages will result in about a $400-per-couple the status quo is really not the status and less in inefficient health coverage. deduction in cost sharing. If you add quo. If this legislation is not passed, I urge my colleagues to recognize the the two together, that is about $700. So the result is not the status quo; the re- Crapo motion to commit for what it by the year 2019, as a result of this leg- sult is we move backward. We have two is—and what is that? It is an attempt islation, according to the Actuary—it choices. Either we move forward as a to kill health care reform. That is all it is in black and white there—it says country and seize this opportunity to is all about, nothing more, nothing right there, in print, there will be tackle health care reform and do our less. Senator GRASSLEY said as much about a $700 reduction in premium Part very best to get it right or we don’t; we last week. Senator GRASSLEY asked us B and out-of-pocket costs for seniors. do nothing, and we keep sliding back- to vote in favor of the motion to com- That is no small matter. It is a reduc- ward. Think of the repercussions of not mit ‘‘to stop this process right now.’’ tion. passing this legislation. Think of it. That is a direct quote. On the other side of the floor, we First of all, tens of millions of people We must not stop this process. We sometimes hear all this rhetoric about will not have health insurance. That, must not stop moving forward in our increases. It is just that—it is rhetoric. in itself, is pretty profound. Second, we efforts to reform health care. Indeed, The actual analysis shows a reduction. will not have health insurance market we must move forward aggressively. I also hear rhetoric on the other side reform. We will still have denial based Every day we delay, 14,000 Americans about this legislation resulting in in- on preexisting conditions, which is ba- lose their health insurance. Every day creased premiums for people. Not true. sically what the other side is arguing we delay, 14,000 Americans lose their The Congressional Budget Office has for. health insurance. In just a 2-week pe- concluded that for 93 percent of Ameri- We would not cut down health care riod, one in three Americans will go cans, there will be a reduction in pre- costs, which our businesses need so without health care coverage at some miums—a reduction in premiums. To much, and families need so much, and point. We cannot afford to stop work- be fair, for those who are already em- our budgets need so much. Remember, ing toward reform. We must reject any ployed, the reduction is not huge, but I mentioned the legislation extends the attempt to eliminate the very provi- it is a reduction, nevertheless. It is solvency of the Medicare trust fund. sions from this bill that provide Ameri- about a 3-percent reduction in pre- That is emblematic of some of the cans with a tax cut in an attempt to miums. That is a reduction. We have to savings that we have in other govern- stop health care reform. Despite Re- keep working to make it an even great- ment programs, too, because health publican claims that they are trying to er reduction. I daresay—in fact, I know care costs are rising so much. Medicare protect Americans from tax increases as sure as I am standing here—the re- is in tough shape, and so is Medicaid in this bill, the facts are this bill is a duction will be greater. Why will it be because health care costs are rising so tax cut for most Americans. greater? Because a lot of the provisions much. The CBO and the Actuary say we On a related matter, there has been in this legislation—in my view, the are controlling health care costs. some discussion about the Office of the Congressional Budget Office hasn’t The PRESIDING OFFICER (Mr. Actuary analysis of the Senate bill. fully analyzed provisions such as deliv- BEGICH). The Senator from Idaho is rec- Let me cover two very key points from ery system reforms. We start to bundle ognized. that letter. competent care organizations. We start Mr. CRAPO. Mr. President, I ask The Actuary at HHS concludes that pilot projects. The result of that will unanimous consent to speak for up to this legislation extends the life of the be a reduction in costs and therefore a 40 minutes and to use that time in a Medicare trust fund by 9 years—9 reduction in premiums. colloquy with other colleagues. years. We know the Medicare trust Also not calculated is the Commis- The PRESIDING OFFICER. Without fund is in a precarious position until, sion which will look at productivity. objection, it is so ordered. roughly, 2017. There are some esti- That is not included in the CBO anal- Mr. CRAPO. I also ask to be notified mates that this underlying bill would ysis. If that were included in the CBO when there are 5 minutes remaining. increase the solvency of the trust fund analysis, the reduction would be even The PRESIDING OFFICER. The for 4 to 5 more years, say to 2022, greater. We are talking about the re- Chair will do so. roughly. The Actuary, the person who maining 7 percent—remember, I said 93 Mr. CRAPO. Mr. President, I am number crunches over at HHS, con- percent would get a reduction in pre- going to engage in a colloquy about the cluded this legislation will extend the miums according to CBO. The remain- pending motion on which we will vote life of the Medicare trust fund by 9 ing 7 percent don’t get a reduction, but later this afternoon or early this

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13207 evening. It is a motion to commit the scores these payments as a Federal dle class in America to pay for a huge bill to the Finance Committee and outlay, as spending, not as tax relief, new government entitlement program, have the Finance Committee make the and that is exactly what it is. I think be removed from the bill. bill comply with the President’s it is a little bit less than credible to Mr. BARRASSO. Mr. President, I ask pledge. Here is the pledge: say that we have a tax cut bill when my colleague this: I was reading a na- I can make a firm pledge . . . no family three-fourths of the so-called tax cuts tional publication yesterday, and the making less than $250,000 will see their taxes don’t even go to reduce tax liability for headline is ‘‘Making Nightmare Out Of increase . . . not your income tax, not your taxpayers. Health Care.’’ It says taxes will go up. payroll tax, not your capital gains tax, not Mr. ENSIGN. Will my colleague This also says the proposed overhaul any of your taxes. yield? contains, at last count, 13 different tax . . . you will not see any of your taxes in- Mr. CRAPO. Yes. crease one single dime. hikes. It goes on to say the Joint Tax Mr. ENSIGN. Would the CBO—which Committee said that for any one per- I heard my colleague from Montana is nonpartisan—score a welfare pay- son who may end up paying lower say the bill complies with this pledge. ment the same as these so-called tax taxes, there will be nearly four times If that were true, then there would be credits? as many—close to 70 million people— no harm in having the Finance Com- Mr. CRAPO. Yes, that is right. A pay- who will pay higher taxes. mittee scour through it and make sure ment of a subsidy to an individual in That is why I have been waiting for a it does and refer the bill back to make the United States would be scored as a week now to vote for the Crapo motion. sure it doesn’t tax the middle class. Federal outlay, or spending, as is a re- This was introduced last Tuesday. A The reality is, it is very clear this fundable tax credit paid to an indi- whole week has passed, and the Demo- legislation violates this pledge of the vidual who has no tax liability. crats have been filibustering and pre- President. As a matter of fact, there Let’s assume we even accept the ar- venting us from voting on this very im- are over $493 billion of new taxes in gument that is a tax cut. Even if you portant amendment, which the Amer- this bill meant to offset the $2.5 tril- offset all of that, remember the chart a ican people agree with—that we ought lion during the first full 10 years of im- minute ago that said 73 million people to eliminate these taxes and stick with plementation of spending in the bill. would pay taxes. Even if you give them what the President promised the Amer- If you will look at the next chart, at credit for that argument, there are ican people. the graph on taxes, the first 10 years— still going to be 42 million people mak- As a result of the President’s prom- this includes the fees also imposed that ing less than $200,000 a year who will ises, I read a recent CNN poll. It says CBO and Joint Tax said will be passed face a net tax increase. That is a viola- that 61 percent of Americans oppose right on through to the consumer. tion of the President’s pledge. this bill the Democrats are proposing. There are $704 billion of taxes and fees All this motion does is send the bill It gets to the specific question of tax in the first 10 years of the bill. If you back to the Finance Committee, which increases and the President’s promise. look at the 10 years of full implementa- writes tax policy, to correct that. The It says: tion, meaning when the spending actu- motion helps this bill comply with the ally starts, the taxes and fees are actu- President’s pledge. Do you think your taxes would or would not increase if this bill passes? ally $1.28 trillion. The Senator from Montana also used My colleague says this is a net tax another example, trying to say some of And 85 percent of the Americans cut bill, and it complies with the Presi- these people who are paying more taxes polled said they believe their taxes will dent’s pledge because when you take are getting higher wages. This is the go up. all of the refundable tax credits in the game that is going on. The employer of I ask my friend from Idaho—it seems bill and offset against the tax in- these people the Senator was talking to me the American people get it; they creases, there is a net reduction in tax. about today provides a salary and realize they are going to be hit hard In the first place, that is not true when health care to that employee. In this with this $500 billion of tax increases, you take into account the fees. I don’t example, it is $50,000 of wages and 13 different taxes, which will get put on think that is what the President was $10,000 of health care benefits. This bill the backs of the hard-working people of talking about. He didn’t mean, did he, will now impose a hefty 40- or 45-per- our country. that you will not see your taxes go up cent tax on this health care plan be- Why is it that we are not allowed to more than someone else’s taxes go cause it is too good of a health care vote on this motion? I will vote for it. down? No, he told people in America plan. I appreciate the Senator from Idaho they would not see their taxes go up. What CBO and Joint Tax tell us is bringing this motion forward because, Yet what this bill does, according to that because of that immense tax—40- clearly, the support of the American the Joint Tax analysis, is, by 2019, at to 45-percent tax—the employer is just people is behind him. least 73 million American households going to cut the health care plan down Mr. CRAPO. I thank my colleague. I earning below $200,000 will face a tax to where it is not taxed anymore and will give some statistics on the point. increase. provide those dollars with an increased The Joint Tax Committee analyzed If that is not violating the Presi- wage. So this young lady will get just the four biggest tax provisions— dent’s pledge, I don’t know what is— maybe $53,000 in wages instead of not all of them—and they concluded even if you take the numbers that the $50,000 and only $7,000 of health insur- that only 7 percent of Americans would majority is trying to use and claim ance, and her net employment com- be receiving these so-called tax cuts, that those are tax cuts. pensation will still be the same, which are really spending subsidies but Here is the next chart. What my col- $60,000—except she will pay taxes on an have been characterized as a tax cut in league from Montana is talking about extra $3,000. So her net employment order to argue that the bill doesn’t in- is about $400 billion of what are called package will go down not up, and 73 crease taxes. Only 7 percent of Ameri- refundable tax credits. He wants to off- million Americans like her will end up cans will receive those, which rep- set these tax credits in the bill against with a smaller employment package, resents about 19 million people, but 157 the hundreds of billions of dollars of less health care benefits, and increased million people—almost 8 times that tax increases, and then say there is a Federal tax liability. That is the way amount—who get health insurance net tax cut and, therefore, no problem. the bill works. through their employer will not be eli- First of all, that is a problem. Sec- For issue after issue, there are taxes gible for these credits. They will pay, ondly, what is a refundable tax credit? after taxes in this bill that will be paid on average, somewhere between $593 to The $288 billion, or 73 percent of the so- by the people in this country who earn $670 a year, depending on their income called tax credit—or tax cuts that my less than those on the threshold the categories, in new taxes that are put colleague from Montana is talking President identified. That is why we on their shoulders in this bill. about—are payments by the Federal simply ask that the bill be sent to the I notice that my colleague from Ten- Government to individuals or families Finance Committee to have this viola- nessee wants to say something. who do not have tax liability. It is a dition of the President’s pledge, this bad Mr. ALEXANDER. Mr. President, I rect government subsidy. The CBO policy of increasing taxes on the mid- congratulate the Senator from Idaho

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13208 CONGRESSIONAL RECORD — SENATE December 15, 2009 for his amendment to help the Presi- help pay for this in the Medicaid Pro- ing, when the Senator from Tennessee dent keep his commitment. That is ba- gram. was talking, about the luxury taxes sically what it is. I would think our It is important to support the Crapo and how everyone thought that felt so friends on the other side would all motion. It is important for our country good to have a tax against luxury want to join us in that. The President not to have this historic mistake boats. And who suffered? The workers. said he would not raise taxes on people thrust upon them. Then there was the catastrophic Medi- making less than $250,000 a year. Mr. ENSIGN. I would like to jump in care coverage which resulted in a tax It is amazing to hear the comments here and ask the Senator from Idaho a on seniors who had that coverage. Sen- that I have just heard. The whole con- question. From what I understand, the iors erupted, and that was repealed. struction of the bill—when we think taxes go into effect—actually, this is Then that is followed on by what the about it, regardless of whatever the from yesterday, so I think it would be Senator from Nevada talks about—the Democrats decide to do about the so- in 17 days from now based on the cur- Cadillac plan, which is the high-end called public option, they still seem de- rent bill before us. All of these taxes plan of coverage. termined—at least the majority leader- the Senator from Idaho has on his I thought, maybe Congress has ship seems determined—to engage in chart are all the taxes the President learned something. Maybe the Demo- this political kamikaze mission toward said he would not violate. The article crats are on to something. They have a historic mistake. There is all this yesterday said 13 taxes. We know of at listened to the history of all of these talk about history. But there are lots least nine absolute taxes that would go good-sounding taxes on rich people or of different kinds of history. into effect. But the tax subsidies, these people who buy expensive things. As A lot of historic mistakes have been payments to folks who do not have a the Senator from Nevada has pointed made about taxes. For example, there tax liability, those are not received for out, they have now learned they prob- was the Smoot-Hawley tariff of 1930, 1,479 days; isn’t that correct? ably ought to go ahead and tax both Mr. CRAPO. The Senator from Ne- which was a big tax. It sounded like a ends instead of just the high end be- vada is correct. The fact is, the taxes good idea. President Hoover, a Repub- cause in this bill, you have a tax on the start on day one of the bill. The spend- lican, recommended it to protect high-end plans. You have a tax on em- ing, which is what these alleged tax American jobs by keeping out cheaper ployers who provide too much cov- cuts are that my colleague from the foreign products. That led us into the erage. Oh, but we also tax the people other side was talking about, does not Great Depression. It was a historic who do not have any coverage. If it is start until the fourth year or 2014. And mistake. More recently, there was the too small, you get taxed, and if it is that is just one of the gimmicks in the too big, you get taxed. It seems that boat luxury tax. This sounds good. It bill in order to claim it does not drive was part of the budget deal of 1990. maybe the Democrats learned the up the budget—have 10 years of tax in- wrong lesson. It is not that you tax Congress put a 10-percent luxury tax on creases and only 6 years of spending to boats costing more than $100,000. Sound just the rich or the people who buy ex- offset against it. I think that is how pensive things, it is that you tax both familiar? We were going to hit the rich they started the spending days. They ends to make sure you get every little people. But it got the working people, figured out how long they had to delay drop of taxpayer dollars. not the rich people. The unintended it so they could claim it would not I think we have shown on this floor consequence was that it sank the boat drive up the deficit. from the endless hours of debate that industry, costing 7,600 jobs, according Mr. ENSIGN. I want to address one of everyone in America is going to be to the Joint Economic Commission, these taxes, the so-called Cadillac tax taxed because the taxes that take ef- and Congress repealed that historic that the Democrats have put into this fect in 3 weeks’ time under this bill, mistake. There was also the Medicare bill. The problem is, they did not index January of 2010—the major tax in- Catastrophic Coverage Act of 1988, an- it for inflation. As time goes forward, crease takes place, and that is the tax other good-sounding goal, to help older with the red line as the threshold, the increase on prescription drugs; on in- people reduce the risk for illness-re- Democrats indexed it for what is called surance companies that are going to lated catastrophic financial losses. But the consumer price index plus 1 per- have to raise their premiums; the drug a lot of our senior Americans resented cent. That goes up a little bit. The costs are going to go up; and medical the idea of paying additional taxes for problem is, medical inflation is going equipment, which is essential for sen- that coverage, and they revolted. Con- up much faster. What happens is—the iors, especially for everyone who needs gress, less than a year and a half later, blue line is the average plan in the some form of equipment, the equip- repealed it. United States—that is how fast it is ment manufacturers are going to have We all remember the millionaires going up. We can see that is much a tax. Mr. President, $100 billion in new tax. That is a matter of history. In the higher. At this point, it starts catching taxes starts next January, 3 weeks late 1960s, there were 155 high-income most of the plans in the United States. from now. Every person in America is Americans who weren’t paying any This 40-percent tax the unions are going to pay taxes in the form of high- Federal income taxes, so Congress im- running ads against right now is going er prices starting in 3 weeks. posed something called the alternative to start getting almost all Americans’ The Senator from South Dakota and minimum tax. Last year, that affected plans in the future. That is the reason I are sponsoring legislation because the 28 million American taxpayers. a lot of people do not realize this is a next question will be: Oh, my goodness, I say to my friend from Idaho, I tax. It may not get them today, but it if we are going to be taxed in 3 weeks, think he is doing the country and the is going to get them eventually. What surely we are going to have some sort President a great service by offering is going to happen is this tax will be of benefit offered in 3 weeks, some sort this amendment to help keep the prom- passed on to them in lower benefits. of low-cost health plan or option. ise because whatever the majority Mr. CRAPO. The Senator from Ne- Three weeks, surely. Oh, no, we are not leader decides to do about the govern- vada is correct. going to have any of the plan that ment option, this legislation—when Before I toss the floor to the Senator would offer options to people—not in fully implemented—still contains $1 from Texas who wants to make some 2010, not in 2011, no, not in 2012, not in million in Medicare cuts 5 years before comments, I point out that the point 2013, but 2014. Medicare is scheduled to go broke, ac- the Senator from Nevada made is sta- So all these higher prices are going cording to their trustees. tistically made by Joint Tax: to start kicking in in January, and It is nearly $1 trillion in new taxes By 2019, at least 73 million American then we are going to have the Cadillac over 10 years when fully implemented, households— plan that the Senator from Nevada as the Senator from Idaho has pointed That is not 73 million Americans, mentioned in 2013, all being paid before out. There is no question about that, it that is 73 million American house- one supposed benefit would be avail- is an increase in premiums for most holds— able. If this is not a bait-and-switch, I Americans, according to the Congres- earning below $200,000 are going to face these have never seen one. sional Budget Office. And yesterday on tax increases. The Senator from South Dakota and this floor, we talked about the huge Mrs. HUTCHISON. If I may respond I are going to offer the next amend- bill we are about to send to States to to the Senator from Idaho. I was think- ment after the ones that are in the

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Again, I cratic caucus is going to be meeting Not one dime of taxes could take effect think that violates a basic principle of with the President at the White House until there is actually some sort of fairness most Americans should expect in yet one more closed-door meeting plan available that would, hopefully, when it comes to their elected leaders where they are going to be trying to re- give some sort of benefit to people, making public policy which will have a draft the bill in order to get around which is what is being promised. profound impact on them and their some of the problems, which I hope I ask the Senator from South Dakota lives. I certainly hope we get a vote on they will let the American people see if that is his understanding, that we that motion, and I hope our colleagues to debate before they try to vote on it would at least draw a line. Whereas will support it. To me, it is unconscion- again. Senator CRAPO’s motion, which I sup- able that you would raise taxes by $72 It is ironic, as Democrats come out of port and I know everyone on the floor billion, which is what this does, up that caucus, if they do not support this talking this morning supports, is to until the year 2014 before the premium motion, they will be violating two of say there will be no taxes to anyone subsidies and the exchanges kick in the President’s pledges. One, after who makes under $200,000. But even if which would deliver the benefits that meeting with him, they will be vio- there are taxes in the end, they will are supposed to be delivered under this lating his pledge not to tax Americans not take effect until there is some sort bill. The Senator from Texas and I look who make less than $200,000—$250,000 of plan available for people that is forward to getting a vote on that mo- for a family—as well as his pledge: If going to help Americans who do not tion. you like it, you can keep it. have coverage and for whom we are not I hope we can win on the Crapo mo- This young lady, if she likes her able to lower the cost, which is what tion later today. package, cannot keep it. She will not the Republicans are trying to do. At I appreciate my colleagues being here have that option. Her $10,000 health least we would set that deadline. to point out how important it is that care package will be reduced at least I ask the Senator from South Dakota we have public policy that is fair and $2,000 to the minimum new govern- what he has been hearing about this also that we not do things that are ment-designed acceptable policy and bill. counter to job creation at a time when probably a little more than that. She Mr. THUNE. My colleague from we are asking small businesses to get will see a 20- to 30-percent reduction in Texas is exactly right. Her motion and out there and create jobs and make inher health care package against her the motion I am cosponsoring, which vestments. will. I would be willing to bet she we hope to vote on next, will be a fol- Mr. BARRASSO. The Senator from would prefer to keep the one she has low-on motion to the motion the Sen- Idaho had a picture of a woman making now. Most Americans like the insur- ator from Idaho is offering. $50,000 and the health benefits that re- ance they are getting through their sulted. My concern is not just her It seems a basic principle and a mat- employers. ter of fairness to the American people taxes; my concern is also her job. It is Mr. ENSIGN. I would like to ask the that if you are going to create public also a fact that she would still have a Senator from Idaho a question. These policy, that you do it in a way that job. are the nine taxes we know for sure What I hear from the people of Wyo- treats people fairly and does not raise that are being raised: 40 percent Cad- ming is: Don’t raise my taxes, don’t their taxes before a single dollar of the illac plan, a separate insurance tax, an cut my Medicare, don’t make matters premium tax credits and the exchanges employer tax, a drug tax, a lab tax, a worse than they are right now in this that are designed to create the new in- medical device tax, a failure to buy in- economy where we have 10-percent un- surance product for people would take surance tax, the cosmetic surgery tax, employment. effect. That is what this bill does. Like the Senator from South Dakota, and the increased employee Medicare The motion of the Senator from I am a member of the National Federa- tax. Idaho commits all of the tax in- tion of Independent Business. I have In our States, people think we will creases—and I will support that whole- been a member for years. They are tell- pass a sales tax, and the business will heartedly, and I hope my colleagues in ing us that as these taxes are raised just pay the sales tax. I ask the Sen- the Senate will do the same because and collected in 2010, 2011, 2012, 2013, in ator from Idaho, who actually pays the these tax increases are the absolute 2010 we are going to lose 400,000 jobs in sales tax? Who have the Congressional worst thing we can do at a time when America, and in 2011 another 400,000, Budget Office and the Joint Committee we have an economy in recession and and another 400,000 after that, and an- on Taxation, which are both non- we are asking small businesses to lead other 400,000, as the taxes continue to partisan, said are going to pay these us out of the recession. Seventy per- be collected. So we would be losing in taxes? cent of jobs in the country are created this country 1.6 million jobs as a result Mr. CRAPO. The Senator was there by small businesses. It is much higher of these increased taxes all Americans when the Joint Tax and CBO experts in my State of South Dakota. These are going to have to pay. were asked this question. They square- tax increases could not be more poorly I ask the Senator from Idaho, isn’t it ly and directly said these taxes and timed in terms of getting the economy even more critical that we pass his mo- fees will be passed on, virtually 100 per- restarted and creating jobs for Ameri- tion in addition to the fact that we do cent, to consumers, which means two cans and getting them back to work. not want these taxes? They are going things. First, the ones that are taxes Since most people get their insurance— to hurt our economy across the board. will just be taxes passed on to the con- at least currently—through their em- Mr. CRAPO. The Senator from Wyo- sumer, as shown in the example of the ployer, one of the best things you can ming is exactly right. It is the wrong young lady we looked at. The ones that do to provide insurance is to put people thing to do when our economy needs to are fees will simply be passed on in the back to work. This bill has the oppo- be strengthened and restarted, if you form of higher costs for medical serv- site effect. It is a job killer because of will, to apply a huge amount of new ices or higher premiums, which is one all of the tax increases. Every small taxes. of the reasons why, contrary to the as- business organization has said that. Let’s take the example we talked sertions by the other side, this bill will That is why it is so important we sup- about earlier. This young lady, under drive up the cost of health care and port the motion of the Senator from the bill in the Senate right now, will will drive up the cost of premiums, not Idaho. not only see her health benefits go down. Senator HUTCHISON and I will also down, but the net value of her com- Mr. ENSIGN. The last thing I would offer a motion—hopefully, we will get a pensation package will go down. She like to point out goes along with the vote on it later—that at least will will get a little extra wages in order to Senator’s chart. This is what the Joint delay the tax increases until such time offset the reduction of her health care Committee on Taxation has said: 84 as the benefits begin. It essentially benefits, but those will be taxed and percent of all the taxes being paid in aligns the revenue increases and the her net compensation package will go this bill are being paid by those mak- benefits so they are synchronized and down. ing less than $200,000 a year. If this is

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13210 CONGRESSIONAL RECORD — SENATE December 15, 2009 not a direct violation of the President’s with higher taxes as a result. Many of have also said—and I thought this was promise not to raise one dime of their the premium tax credits, if you could significant—is that 84 percent of all taxes, I don’t know what is. I don’t un- give credit to the taxpayers receiving these taxes are going to be passed on to derstand how the President can sign this, which you can’t because it goes to people who make less than $200,000 a this bill and keep to the promise he the insurance company, but if you year. That is what we have been say- made during the campaign. could, three-quarters of that will go to ing. The other side says: We are just Mr. CRAPO. I agree with the Senator people who currently have no income going to tax the rich. When 84 percent from Nevada. It is disturbing to see the tax liability. It seems as if the adver- of that tax burden is paid by people responses. First, the response that this tising on this is very inconsistent with making less than $200,000 a year and bill actually doesn’t increase taxes; it reality and the facts. The fact is, most the vast majority is also paid by people cuts taxes. That flies right in the face Americans will see taxes and premiums making less than $100,000, the vast ma- of the reports and analysis by Joint go up. Very few Americans are going to jority is being paid by people who Tax and CBO. I encourage everybody to get some premium tax credit to help make less than $100,000 a year, the read this bill. It is available on my Web subsidize their premium cost, and that same as sales taxes. The sales tax has site and on the Republican Web site will go directly to the insurance com- been called a regressive tax. These are and on the C–SPAN Web site. In addi- pany. I understand the Senator from regressive taxes the Democrats are tion, we will put up a reference to Idaho and the Senator from Nevada are passing on to the American people. where you can find the bill to read it if both members of the Finance Com- Mr. CRAPO. I thank my colleagues you want to parse through it to deter- mittee. They have been involved with for coming over and speaking today mine who is telling the truth. The bot- this from the beginning. That is my and discussing this issue with me. I tom line is, this bill increases taxes in understanding of this, which is hard to would like to conclude by pointing out, the first 10 years by $493 billion. When fathom how that constitutes a tax cut. once again, the President said he could you add fees to that, it is more like The PRESIDING OFFICER (Mr. BEN- make a firm pledge, no family making $700 billion. If you counted the first full NET). The Senator from Idaho has con- less than $250,000 will see their taxes 10 years of implementation, it is over sumed 35 minutes. increase, not your income taxes, not $1 trillion of new taxes. The only re- Mr. ALEXANDER. I agree with the your payroll taxes, not your capital sponse to that is to try to say that the Senator from South Dakota. People gains taxes, not any of your taxes. You subsidies for health insurance for those who might be watching this must be will not see any of your taxes increase who are not able to purchase their own thinking: Wait a minute. Let me ask one single dime. But there are hun- insurance are tax cuts, even though the two members of the Finance Com- dreds of billions of dollars in tax in- three-fourths of them go to those who mittee: What the Democrats are trying creases in this bill that are going to are not, at this point, at a level where to say is, a Medicare cut is not a Medi- fall squarely to the backs of the middle they are incurring a tax liability. care cut and that a tax increase is not class. Mr. THUNE. My understanding is, a tax increase and that a premium in- Our motion simply says: Let’s fix those premium tax credits actually go crease is not a premium increase. Isn’t that and take it out. The bottom line to the taxpayer. When you say this is a it true that when the bill is fully im- is, those who are saying that is not the tax cut for people, does it end up in the plemented, there will be nearly $1 tril- case are trying in the first case to say pockets of the average taxpayer? lion in Medicare cuts, and isn’t it true there are subsidies in the bill that al- Mr. CRAPO. The Senator from South that there will be nearly about $1 tril- most equal the amount of these taxes Dakota is correct. In fact, this subsidy lion, when fully implemented, in new and, therefore, it is a net tax cut. is not paid to the individual. It is paid taxes? Isn’t it true the Congressional First, subsidies are not tax cuts. Three- directly to the insurance company. Of Budget Office has said that will all be quarters of them go to individuals who the one-quarter of people receiving this passed on to people? Isn’t it true that have no tax liability. The other one- subsidy who do actually pay income all the taxes start in January, if the quarter does not reduce the tax liabil- taxes, their income taxes will, in fact, bill passes? Isn’t it also true the Con- ity of the individuals who are getting stay the same. They are not actually gressional Budget Office has said pre- the insurance subsidy. Even if you ac- getting a tax cut. What they are get- miums are going to continue to go up cept all of that argument, the Presi- ting is a subsidy for the purchase of in- and, for people in the individual mar- dent was not saying you will not see surance that is managed through the ket, they will go up even more? Isn’t net taxes go up in America. The Presi- Tax Code but is paid directly to the in- that all true? dent was not saying: We will not cut or surance company. Mr. CRAPO. I will respond first. The not increase your taxes by more than Mr. THUNE. That is precisely why Senator from Tennessee is exactly we will cut someone else’s taxes. I the arguments made by the other side right. Again, on this chart, these are don’t think anybody expected that was that somehow this is a tax cut sort of the tax increases for the first 10 years what he was saying. The President was defy what I think most Americans have of the bill, and this chart includes the saying he would not raise taxes in this come to expect when they get a tax fees and penalties that are charged as bill. This bill violates that pledge. cut; that is, that they get to keep more well. The total there is $704 billion. If Therefore, Members should support of what they earn. What we are talking you start when the bill becomes imple- the motion to send this bill back to the about is a payment that will be made mented or is started to be imple- Finance Committee to fix that glaring to an insurance company, a tax credit mented, in 2014, to compare taxes to problem. for premium subsidies that will go to spending, the actual taxes and fees I reserve the remainder of my time. an insurance company. There will be that will be collected are almost $1.3 The PRESIDING OFFICER. The Sen- very few Americans, as a percentage of trillion. ator from Wyoming. Mr. ENZI. I suggest the absence of a the total population, who will actually Mr. ENSIGN. There is no question. I quorum and ask unanimous consent derive any sort of benefit. My under- can answer the Senator’s question: True, true, true, and true. The old say- that the time be divided equally. standing is, about 10 percent of all The PRESIDING OFFICER. Without ing, if it walks like a duck and it Americans will get some benefit from objection, it is so ordered. the premium subsidies that will go to quacks like a duck, it is a duck. These The clerk will call the roll. the insurance company, not directly to taxes sometimes are called fees. The The assistant legislative clerk pro- the taxpayer; is that correct? Supreme Court has ruled that a fee ceeded to call the roll. Mr. CRAPO. It is actually 7 percent. that acts like a tax is, in fact, a tax. Mr. DURBIN. I ask unanimous con- Mr. THUNE. So we have a very small Most of the provisions we talked about sent that the order for the quorum call number of Americans who will derive a before, we call them a tax, and that is be rescinded. benefit. But you have a whole lot of what they are. These nine new taxes The PRESIDING OFFICER. Without Americans who will actually be paying are a tax. You are exactly right. The objection, it is so ordered. the freight. The Senator mentioned Joint Committee on Taxation and the The Senator from Illinois. earlier—I saw his chart—that 73 mil- CBO have said these are going to be Mr. DURBIN. Mr. President, I ask lion Americans are going to end up passed on to the consumer. What they unanimous consent to speak on the

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13211 time allotted to the chairman of the lican side, if they truly have such a can afford their health insurance, the Finance Committee relative to his plan. Of course, they don’t. biggest tax cut, I think, in the last 20 amendment. What does this plan do? First, it years or more. In addition, there are The PRESIDING OFFICER. The Sen- makes health insurance more afford- tax breaks for smaller businesses. If ator is recognized. able. We have the Congressional Budg- you have 25 or fewer employees, we will Mr. DURBIN. Mr. President, there et Office telling us: Yes, the projected help you and your business provide has been a lot of talk about taxes and increase in health insurance premiums health insurance for your employees. health care. What we are discussing is is going to flatten; it is going to come That is significant. this bill. It is a large bill, over 2,000 down a little. It doesn’t mean that In fact, the Joint Committee on Tax- pages, but we needed all these pages be- automatically people are going to see ation takes a look at the new taxes cause we are tackling one of the big- their premiums coming down next charged and the tax cuts that are in gest problems facing America. How can year, but they may not go up as fast. the bill, and they say Americans will we take a health care system that con- And over time, we won’t see them dou- pay 1.3 percent less in taxes in 2017 as sumes $1 out of every $6 or $7 in our bling as quickly as had been predicted. a result of the bill. So the tax burden economy and change it for the better, Secondly, this is a plan which is on Americans starts to come down keeping what is good but changing going to mean that 31 million Ameri- while insurance coverage goes up. those things that are not so good? One cans who currently have no health in- But don’t forget the hidden tax we of the things that concerns most of us surance will have health insurance. pay today. When people show up at the is the cost of health insurance pre- That is pretty important. In all the hospital without health insurance, miums. Ten years ago, an average fam- criticism I have heard from the other they get care. They see a doctor, they ily of four paid $6,000 a year for health side of the aisle, there has not been a may have x rays and all the procedures insurance. Now that is up to $12,000. If single proposal from the Republican and all the medicines. But if they can’t we are not careful, in 8 years it is pro- side that would expand in any signifi- pay, the hospital charges the other pa- jected to double again to $24,000 a year cant way the amount of coverage for tients. We all pay. About $1,000 a year for health care premiums. Think about Americans when it comes to health in- is paid by families now for those who that, trying to earn $2,000 a month in 8 surance. But here are 31 million Ameri- have no health insurance. As more and years just to pay for your health insur- cans who will at least have the peace of more Americans are covered, that bur- ance, nothing else. That is beyond the mind of knowing when they go to bed den stops shifting over to those who reach of individuals and beyond the in the evening that if tomorrow there have insurance, and that is a good reach of a lot of businesses. Even is a bad diagnosis or a terrible acci- thing. That hidden tax is largely ig- today, businesses are dropping people dent, they will be covered; they will nored by the other side of the aisle, but from coverage. have peace of mind they can go to the we know it is a reality. We now have some 50 million Ameri- best doctors and hospitals in America. We also think these tax credits will cans without health insurance, and That is significant. make insurance more affordable. The more and more businesses are just put- There is another element too. We Joint Committee on Taxation says ting their hands up and saying: We know that right now the health insur- that by 2017, these tax credits in the can’t go any further in paying higher ance companies really have the upper bill will reduce taxes by $40 billion a premiums. hand when it comes to negotiating for year for millions of Americans. Individuals who go out on the open coverage. You know what I am talking We also hear a lot said about the ex- market know what they run into. You about. Your doctor says: I think you cise tax on insurance policies at the know you will run into the highest pos- need the following procedure, but I higher levels. That is a tax not on indi- sible premiums and rank discrimina- have to check with your insurance viduals but on the insurance companies tion. Try to buy a health insurance company. Think about that. We may be as a disincentive to keep running up policy if you have any history of ill- the only Nation on Earth where a clerk the cost of premiums and instead try ness. They will tell you: We are not working for an insurance company has to bring efficiency and cost-effective- covering that. Cancer in your back- the last word about life-or-death med- ness into quality care. ground; we will not cover it. That is ical care. That is what is going on Health reform is good for our econ- what people face. This current system today. omy too. A lot of businesses that are is unsustainable. We have tackled it, This bill makes significant changes trying to offer health insurance find and we said we are going to put the when it comes to health insurance. It that they lose their competitive edge time in to change it for the better. protects individuals from being dis- as the cost goes up. So as we start This is our bill. criminated against because of pre- bringing cost down, it means more I would like to hold up in my other existing conditions, makes sure the competition, more job creation, and a hand the Republican plan for health companies can’t run away from cov- greater economy. care reform, but it doesn’t exist. They erage when you need them the most, I can understand why the other side don’t have a plan. They have speeches. and extends the coverage and protec- of the aisle has spent most of their They have press releases. They have tion for children and families. These time finding fault with this bill. In charts. But they don’t have a plan. I are important things that are going to fact, that is part of their responsibility am talking about a plan that has gone mean a lot to people across America. in the Senate. But I had hoped, at the through the rigors of being carefully But now comes the Republican side end of the day, they would have offered reviewed by the Congressional Budget of the aisle and says: Oh, but they their substitute, their idea on how we Office, a plan that is comprehensive, didn’t tell you the real story. It is all can truly achieve health care reform. something that addresses all the prob- about your taxes going up. Well, I am The fact they have not reflects one of lems in this system in a responsible afraid that is not quite right. The criti- two things: It is a very tough job to do. way. cism I have heard on the floor about This is a big bill, it took a lot of work, They have bills. They have ideas. I this bill ignores the obvious: this bill and perhaps they couldn’t come up don’t want to say anything negative provides the most significant tax cuts with a bill themselves. As an alter- about them, though I may disagree in the history of this country—$440 bil- native, maybe they like the current with them. But they don’t even come lion in cuts over the next 10 years. system. They may like the health in- close to being a comprehensive plan. What kind of tax cuts? If you are mak- surance companies and the way they Many of the critics on the other side ing less than $80,000 a year, this bill treat Americans. They may think it is come to the floor every day and give says: We will be there to help you pay okay that the cost of premiums will speeches about what is wrong with the the premiums. That doesn’t exist continue to skyrocket beyond our Democratic health care plan because today. If you don’t have coverage under reach. Most Americans disagree, and I they don’t have one. If they did, we Medicaid and you are buying health indo too. would have heard about it. You would surance and your income is below I yield the floor. have thought it would have been the $80,000 a year—we are providing tax The PRESIDING OFFICER. The Sen- first amendment offered by the Repub- cuts to millions of Americans so they ator from Delaware.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13212 CONGRESSIONAL RECORD — SENATE December 15, 2009 Mr. CARPER. Mr. President, I ask identified, they are actually prescribed Part of what flows from our legisla- unanimous consent to speak on time and made available to the person. tion will be an ever-improving ability under the control of the Senator from As we all know, we have the Medi- to determine who will be helped by a New Jersey. care prescription drug program, the particular medicine given a certain The PRESIDING OFFICER. Without Part D Program, which is a pretty good condition and who will not be, with the objection, it is so ordered. program, and about 85 percent of the same condition, simply because of Mr. CARPER. Mr. President, let me people who use it actually like it. The their genetic makeup. So the idea of follow up on some of the comments of program has been underbudget now for making medicines available to people my colleague from Illinois. each of the 4 years it has been in exist- who will be helped, we want to do that, I am always struck, when I am back ence. That is pretty good. But when the and we are gaining the knowledge to be home—and I addressed the home- drug costs of a senior citizen who par- able to say this group will be helped builders in our State yesterday—by the ticipates in the Medicare drug program but this group will not, and we can extent of the misinformation and con- exceed I think about $2,200 a year, in- then spend the money where it is going fusion. When I actually talk to people stead of Medicare paying for 75 percent to make a difference but stop spending about the underlying legislation before of the medicine and the individual pay- the money where it will not make a us, as our deputy leader has done here ing 25 percent—which is the case from difference. We are close to being able again today, there is a lot to like about zero to about $2,200 over the course of to do that, and we need to do that. the legislation—a lot to like about the the year—Medicare basically says: We All this flows from this legislation, legislation. are out of this, and so from $2,200 to and when you put it together, I think One of the pieces that hasn’t been fo- $5,200, it is all on the individual unless cused on a whole lot and that I want to it is actually a very attractive and they happen to be very low income. very smart policy. mention deals with how do we better So the challenge is to make sure ensure that people who are sick get more folks who need access to primary So overall, how do we provide better well and people who are not sick don’t care get that; if they need medicines, health care, better outcomes for less become sick as it applies to the use of make sure they are available, which money? There is real potential for pharmaceutical medicines. can be determined by the doctor or doing it in the ways I have just de- Our legislation calls for doing a num- doctors as to what people should be scribed. ber of things. taking; No. 3, make certain people get I want to stay on the issue of phar- First, if people could actually be the medicines they are prescribed, that maceuticals, if I can, but I want to healthy, stay healthy, or get well by they can afford them, and that they ac- pivot and take a somewhat different taking certain pharmaceuticals, we tually take them; No. 4, make sure tack now. would all save money in the end. But that once we have the access to pri- I wrote a letter to the administration under the current system, unfortu- mary care, we have made a determina- a week or so ago, maybe 2 weeks ago, nately, too many people in this coun- tion as to what medicines can be help- and I asked the administration for try who would be helped by pharma- ful to a person and that those medi- some clarification on the issue of re- ceuticals don’t actually get to see a cines are prescribed; and then we want importation. That is the issue before us primary care doctor. We don’t do a to make certain the person for whom today. We have been debating it for very good job in primary care in this they are prescribed can actually afford some time, and we will be voting later country. them. Part of that is making sure, as today on a proposal by the Senator One of the things that will flow from we are trying to do in our legislation, from North Dakota, Mr. DORGAN, and our legislation is better access to pri- we take that hole, if you will, that ex- then we will be voting on an alter- mary care for everybody. Let me give ists from the roughly $2,200 to $5,200 native to that offered by the Senator one example of that. Currently, if you and begin to fill it in so that Medicare from New Jersey, Mr. LAUTENBERG, are Medicare eligible, you have one covers more and more of the cost. which I support. If that amendment lifetime physical from Medicare. That There has been an agreement with were actually incorporated into the is it, and that occurs when you sign up the pharmaceutical industry to cover a Dorgan amendment, I would support for Medicare. You don’t get a physical portion of that hole, which will take the underlying Dorgan amendment. every 5 years or 10 years or 20 years; care of about half of it, and I under- you get one physical in your life that is stand from our leadership in the House Anyway, I wrote to the administra- paid for by Medicare. That will change and in the Senate and the President tion, and I got a letter back dated De- in the legislation we will be voting on that there is a firm commitment to cember 8. I don’t think I have ever in the days ahead. We will provide an- close it entirely. So the range from stood on the floor and read a letter, but nual physicals as a benefit under Medi- $2,200 to $5,200 per year would actually this is one I am going to read. I want care. be treated just as the first $2,200 is: my colleagues and their staff and any- When we have more regular doctor Medicare would cover 75 percent of the one else who is listening to actually visits from the primary care doctor, cost, and for most people, unless they hear what I am about to say and what one of the things that will come about are very poor, will be responsible for the administration had to say on this is a better understanding of the health paying the other 25 percent. That will subject of reimportation. It is a little— conditions of people in this country help a lot of people, and that will make well, ‘‘awkward’’ may be the wrong and the notion that some of us might sure folks who were doing OK taking word, but it has to be a little awkward actually be healthier, if we have a high their medicines until they hit that for the administration because the blood pressure reading, if we take med- $2,200 gap and stopped will keep taking President, when he was then-Senator icine for it or if we have high choles- their medicines and they will stay out Obama, was a cosponsor of the Dorgan terol, if we take medicine for that. So of emergency rooms and hospitals and amendment. When he campaigned for the idea is to identify problems that they will be healthier as a result. Presidency, on the campaign trail he can be treated with medicine. Not ev- The last piece involves something spoke favorably of the reimportation eryone can be helped but some can. new. It is called personalized medicine. legislation offered by Senator DORGAN. So the first key is, let’s make sure I had not heard the term before, al- Now that he is President and he leads folks who will benefit from having ac- though I have been interested in the an administration, he is asked: What is cess to a primary care doctor have that issue for a while. As it turns out, there the position of your administration on access. are some medicines for certain condi- that legislation you cosponsored as a Secondly, if there are medicines a tions that will help one group of peo- Senator and spoke in favor of as a can- person can be taking that will help ple—because of the way God made didate? Now that you are running the them, let’s hope the primary care doc- them, because of their genetic make- country and you are the Chief Execu- tor will do his job, refer the patient to up—and there is another group of peo- tive of the country and you have a a specialist, if needed, in order to iden- ple with a different genetic makeup whole Department—the Department of tify the medicines needed. that will not be helped by the same Health and Human Services—whose job The third point would be to make medicine even though they have the it is to look out for our safety and sure that when those medicines are same condition. health, how do you feel about it?

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13213 So I wrote a letter basically asking to working with you as we continue to ex- We also know there are a lot of pro- the question, and here is what I re- plore policy options to develop an avenue for posals in the Reid bill that signifi- ceived in response, dated December 8. the importation of safe and effective pre- cantly increase fees. We also know This is from the head of the FDA, the scription drugs from other countries: there are a lot of proposals in the Reid Food and Drug Administration: It is signed ‘‘Sincerely, Margaret bill which will significantly increase Dear Senator CARPER: Thank you for your Hamburg.’’ She is the Commissioner of premiums—all of which people under letter requesting our views on the amend- Food and Drug. $200,000 pay. ment filed by Senator Dorgan to allow for I suspect this was not an easy letter Why is this? Primarily it is because, the importation of prescription drugs. The for Ms. Hamburg to write or an easy if you look at the Reid bill, it exponen- administration supports a program to allow letter for the administration to sign off tially increases spending and grows the Americans to buy safe and effective drugs on. Given the position of the President size of government. Government is in- from other countries and included $5 million in the past on this issue and now being creased by $2.5 trillion under the Reid in its 2010 budget request for the Food and confronted with the actual possibility bill when it is fully phased in. It goes Drug Administration to begin working with various stakeholders to develop policy op- that this legislation would become law, from 20 percent of our gross national tions relating to drug importation. it has to be a struggle. I commend Sen- product—that is what government takes out today in spending—up to The letter goes on to say: ator DORGAN and others who have worked with him—I think Senator about 24 percent of our gross national Importing non-FDA approved prescription product, a huge increase in the size of drugs presents four potential risks to pa- SNOWE and, I believe, Senator tients that must be addressed: MCCAIN—over the years to try to ad- government. (1) the drug may not be safe and effective dress the earlier criticisms of the legis- When spending increases like this, at because it was not subject to a rigorous reg- lation. this type of explosive rate, there are a ulatory review prior to approval; What the FDA says in this letter to couple of things that occur. One of (2) the drug may not be a consistently me, and really to us, is that progress them is that taxes also go up. It is like made, high quality product because it was day following night. If you are going to not manufactured in a facility that complies has been made. Some of the concerns have been addressed. Unfortunately, increase the size of the government at with appropriate good manufacturing prac- this rate, you are going to have to sig- tices; some have not been. (3) the drug may not be substitutable with What I hope we do when we vote later nificantly increase taxes—whether you the FDA-approved product because of dif- today is accept the offer of the admin- call them fees or whether you call ferences in composition or manufacturing; istration. They have been willing to them premium increases or whether and put their money where their mouth is, you call them outright taxes. That is (4) the drug may not be what it purports to to actually put money in their budget what is happening. That is because the be, because it has been contaminated or is a goal is to grow the government dra- counterfeit due to inadequate safeguards in request to say before we go down this road as proposed in the Dorgan amend- matically. That is the goal. When you the supply chain. grow the government, you inevitably In establishing an infrastructure for the ment, let’s see if we can’t work this importation of prescription drugs, there are out in a way that addresses some of the increase the taxes. In fact, in this bill two critical challenges in addressing these remaining safety and soundness con- it is estimated, when it is fully put risks. First, FDA does not have clear author- cerns. I am not sure, if I were the au- into place, that there will be about $1.6 or $1.7 trillion in new taxes. ity over foreign supply chains. One reason thor of the amendment, if I would have the U.S. drug supply is one of the safest in There is also, when it is fully phased accepted that offer from maybe an ear- the world is because it is a closed system in, about $1 trillion of reduction in under which all the participants are subject lier administration whose motives were Medicare spending. We have had a lot to FDA oversight and to strong penalties for not maybe as pure—frankly, whose of discussion on that matter on the failure to comply with U.S. law. Chief Executive was not committed to Senate floor. I have been here a num- Second, FDA review of both the drugs and addressing this issue. ber of times talking about that. But the facilities would be very costly. FDA Our President is committed to ad- would have to review data to determine the burden of taxation goes up in order dressing this issue. The Department of to allegedly pay for these new entitle- whether or not the non-FDA approved drug Health and Human Services and the is safe, effective, and substitutable with the ments. FDA-approved version. In addition, the FDA FDA are committed to addressing this Why do the taxes have to go up? Be- would need to review drug facilities to deter- issue. They are anxious, I believe, to cause when you increase spending this mine whether or not they manufacture high work it out. Not only that, they are way you have to pay for it—or you quality products consistently. anxious and willing to provide some of should pay for it. This bill attempts to The Dorgan importation amendment seeks the funding needed to come to an ac- do that by raising taxes dramatically. to address these risks. It would establish an ceptable resolution and compromise. I But the presentation that you can get infrastructure governing the importation of hope by our votes later today we will qualifying drugs that are different from U.S. all this tax revenue out of people who label drugs, by registered importers and by accept that offer from the administra- are making more than $200,000 a year individuals for their personal use. The tion, and I hope in the weeks and simply doesn’t fly. It doesn’t pass the amendment also sets out registration condi- months ahead we will actually take the commonsense test. It is like saying tions for importers and exporters as well as steps, not necessarily proposed exactly when you cut Medicare $1 trillion you inspection requirements and other regu- by Senator DORGAN, that will allow us are not going to affect benefits. latory compliance activities, among other to move in that direction and do so in We heard for a week from the other provisions. a way that does not unduly harm or side of the aisle that no Medicare ben- We commend [‘‘We’’ being the FDA on be- put at risk the citizens of this country. half of the administration] the sponsors for efit cuts would occur with $1 trillion of their efforts to include numerous protective I yield the floor. Medicare cuts. Of course, that is not measures in the bill that address the inher- The PRESIDING OFFICER. The Sen- true. We just heard yesterday from the ent risks of importing foreign products and ator from New Hampshire. Actuary—the President’s Actuary, by other safety concerns relating to the dis- Mr. GREGG. I understand I will be the way, the Actuary of CMS—that tribution system for drugs within the U.S. yielded time off the leader’s time? when you make these significant re- However, as currently written, the resulting The PRESIDING OFFICER. Without ductions in provider payments under structure would be logistically challenging objection, it is so ordered. Medicare, which is where most of the to implement and resource intensive. In ad- Mr. GREGG. Mr. President, I want to savings occur, that means there are dition, there are significant safety concerns speak a little today about this issue of related to allowing the importation of non- fewer providers who are going to be bioequivalent products, and safety issues re- the tax burden the Reid bill is putting able to be profitable. In fact, 20 percent lated to confusion in distribution and label- on people with incomes under $250,000, of providers will be unprofitable under ing of foreign products and the domestic $200,000. We all know the President said the Reid bill as scored by the Actuary product that remain to be fully addressed in he was not going to allow taxes to infor CMS, and, as a result, providers will the amendment. crease for people who have incomes drop out of the system. Clearly, that The letter concludes by saying: under those numbers. We know there will affect benefits to seniors because We appreciate your strong leadership on are all sorts of proposals in the Reid they will not be able to see providers this important issue and would look forward bill which significantly increase taxes. because they will not exist anymore.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13214 CONGRESSIONAL RECORD — SENATE December 15, 2009 It is like telling somebody—someone American people, and somehow that is The PRESIDING OFFICER (Mr. said; the Senator from Nebraska, I going to make life better for Ameri- FRANKEN). The Senator from Wyoming. think, said—you can have keys to the cans. I do not see that happening. I Mr. ENZI. Mr. President, I yield up car, but there is no car. In this in- don’t see that happening. We know to 20 minutes to the Senator from Ala- stance there will be no providers or from our experience as a government bama out of the leader time. many fewer providers. that growing the government in this The PRESIDING OFFICER. The Sen- Along with that problem there is this exponential way probably is going to ator from Alabama. claim—along with that claim that was lead to people having a tougher time Mr. SHELBY. Mr. President, I rise totally inaccurate, which is that Medi- making ends meet because their tax today in disbelief. The American public care benefits will not be cut—there is burden is going to go up. is searching for commonsense answers this claim that these new revenues to Discretionary dollars they might from its leaders on health care, and yet pay for this massive expansion in have used to send their kids to college they are poised to receive an expensive, spending are going to come from just or they might have used to buy a new wholly inadequate, and simply illogical the wealthy. house or they might have used to buy so-called solution. Again, we have independent sources a new car or they might have just sim- After weeks behind closed doors—in- that have taken a look at this, in this ply saved—those discretionary dollars cluding now—the majority has pro- case the Joint Tax Committee. They they don’t have anymore because they duced a bill thus far that raises taxes, have concluded that is not the case. come to the government to fund this makes drastic cuts in Medicare, and in- That is not the case at all. The argu- massive explosion in programs and this creases premiums to create a new gov- ment from the other side of the aisle is increase in the size of government. ernment program, the so-called public we have all these tax credits in here I think we do not need to look too far option. which, when you balance them out to see how this model does not work. I believe the public option is nothing against the tax increases, meaning All we have to do is look at our Euro- more than socialized medicine and ex- that people earning under $200,000—be- pean neighbors. panded government disguised as great- This idea that you can Europeanize cause some will get tax credits, some er choice. Thus, I am adamantly op- the economy, that somehow if you will get tax increases, but they balance posed to this bill as it is written. grow the government you create pros- out so there is virtual evenness, so that I believe any legislation seeking to perity, that is what is basically behind the tax credits in the bill to subsidize effectively address health care reform this philosophy: You grow the govern- people who do not have insurance should have as its dual aims cutting ment, you create prosperity. That does today mostly are balanced by the tax costs and increasing access to quality not work. We know that does not work. increases on people earning under care. But, amazingly, this bill just does All we have to do is look at our neigh- $200,000. the opposite on both counts. Of course, if you are one of the people bors in Europe who have used that This proposed legislation is not going earning under $200,000 who doesn’t get model to find out and conclude that to solve our Nation’s health care prob- the tax credit, that doesn’t mean a does not work. lems and yet likely will exacerbate whole lot. Your taxes are going up. But It would make much more sense to them. The administration, it seems to more importantly, Joint Tax has taken put in place an affordable plan, one me, seems to be determined to force a look at this, and by our estimate, which did not raise the taxes of 73 mil- the health care bill on the American what Joint Tax has said is essentially lion people who file income taxes under people, which the majority of citizens this: 73 million families, or about 43 the income of $200,000, 43 percent of the do not want or need. percent of all returns under the num- people paying taxes. It would make I believe we have the best health care ber of $200,000, people with incomes of much more sense not to grow the gov- system in the world in the United under $200,000, will, in 2019, have their ernment in this extraordinary way States of America. While many have taxes go up. that we know we cannot afford and So there is a tax increase in this bill, that we know ends up passing on to our scoffed at such a suggestion, the and it is very significant on people kids a country which has less of a United States, as we know, has the fin- earning under $200,000. In fact, if you standard of living than we received est doctors, first-rate treatments, cut- compare that to those people who will from our parents. ting-edge innovation, and low wait benefit from the tax credit, what it So I hope we take another look at all times. amounts to is for every one person who the taxes in the bill, recognizing that Think about it. People come from all is going to benefit from the tax credit, the commitment the President made over the world to take advantage of three people earning under the income on the issue of taxes is not being ful- our revolutionary medicine and state- of $200,000 will see their taxes go up. filled by this bill, and go back to the of-the-art treatments. The United That is a real problem, first, because it drawing board and reorganize it so we States develops new drugs and medical significantly violates the pledge of the can come closer to what the President devices years before the rest of the President when he said: wanted, which was a bill that did not world, and American doctors are usually pioneers of new techniques in sur- I can make a firm pledge no family making raise taxes; which was a bill that did less than $250,000 will see their taxes in- insure everyone; which was a bill that gery and anesthesia. crease—not your income taxes, not your pay- did create an atmosphere where if you As a cancer survivor myself, I am es- roll taxes, not your capital gain taxes—not wanted to keep your present insurance, pecially proud of the great strides the any of your taxes. you could keep it; and which was a bill United States has made in screening That is what the President said. That that turns the curve of health care and treating cancer. The United States pledge is violated by the Reid bill, vio- costs down. has one of the highest survival rates lated very fundamentally for the 73 None of those four goals of the Presi- for cancer in the world and dwarfs sur- million people whose incomes are dent are now met in the bill. In fact, vival statistics in Europe. In 2007, U.S. under $200,000 and whose taxes go up. according to his own Actuary and ac- cancer survival was 66.3 percent, while So it clearly is not a tax-neutral cording to Joint Tax, for all four of Europe’s was 47.3 percent. I believe the event for middle-income people. It is a those goals, just the opposite occurs. answer as to where to receive treat- tax increase event for a large number The number of people uninsured re- ment in the world is clear: the United of middle-income people. Forty-three mains at 24 million people, the cost States of America. percent of all people paying taxes curve goes up by $235 billion, taxes go However, our current system, I would whose income is under $200,000 will up for 73 million people, and we end up admit, is not perfect, and I have never have their taxes increased. with 17 million people who have insur- said it was. But I believe we must seek What is the thought process behind ance today in the private sector losing to build upon rather than tear down this? The thought process essentially that insurance. So I believe we should these strengths we have. We need a bill seems to be we are going to explode the take another look at this bill and try that reduces costs and improves qual- size of government, we are going to to do a better job. ity and level of care for the American dramatically increase the taxes on the Mr. President, I yield the floor. people.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13215 Here, I believe, we get the exact op- actually receives Cadillac health care. and reduce coverage of care. But let’s, posite: a bill that grows big govern- Mrs. Howard spoke to me of the small for a minute, turn our attention to the ment by creating a costly new entitle- nonprofit where she worked, which had quality of care because there is, indeed, ment program, drives up private health to raise premium prices to offset a few a big difference between government- care costs, and subsequently lowers workers who were battling cancer. In run health care coverage and actual ac- overall quality and access to care. effect, she was paying for a Cadillac cess to medical care. According to the Congressional Budg- but still just getting a basic car. Be- As Margaret Thatcher once said: et Office’s Long Term Budget Outlook, cause the tax is based on cost of cov- The problem with socialism is that eventu- the coming tsunami of Social Security, erage and not quality and breadth of ally you run out of other people’s money to Medicare, and Medicaid costs is pro- coverage, many Americans could fall spend. jected to push the Federal public debt into this category. Medical rationing is inevitable under to 320 percent of GDP by 2050 and over I believe it is a simple actuarial fact government-run health care. It has to 750 percent by 2083. that smaller risk pools result in higher be. Supporters of government-run med- Does anyone truly believe this new premiums. Thus, small businesses, such icine often cite Canada or Great Brit- legislation will not further add to our as Mrs. Howard’s employer, are natu- ain as models for the United States to Nation’s debt? When has history prov- rally going to bear the brunt of this ill- follow. Yet medical rationing, such as en that our government can regulate conceived Cadillac health insurance is common in those countries, is inevi- more effectively than private industry tax. table under a government-run health or the marketplace, much less doing so As taxes increase to pay for the pub- care system as now proposed. These without adding to the deficit? The rea- lic option, so does the cost of premiums countries are forced to ration care or, son: we simply overspend and over- on health care plans. The Congres- in the alternative, have long waiting promise. sional Budget Office analysis on pre- lists for medical treatments that lead The Congressional Budget Office esti- mium impacts estimates that family to the same result. mates that the Senate Democrats’ premiums would increase 28 percent— More than 750,000 Britons are cur- health care proposal, as now written, from $11,000 per family to over $14,000 rently awaiting admission to the Na- will cost $849 billion over 10 years. per family by 2019. This is more than a tional Health Service hospitals. Last While Americans will be hit imme- $3,000 increase per family. year, over half of Britons were forced diately with new taxes and government The bill also imposes $28 billion in to wait more than 18 weeks for care or mandates, the actual services and cov- new taxes on employers who do not treatment. The Fraser Institute, an erage promised in this legislation will provide government-approved health independent Canadian research organi- not be implemented until 2014—a clear plans, and it charges a penalty of $750 zation, reported in 2008 that the aver- attempt to mask the true cost of re- per uninsured individual—a form of age wait time for a Canadian awaiting form. The proposal before us delays double taxation. surgery or other medical treatment Furthermore, any opportunity to government subsidies for yet an addi- was 17 weeks, an increase of 86 percent allow individuals to self-manage their tional year to hide the real cost of the since 1983. care and plan for future health care Access to a waiting list is not access bill and show so-called additional sav- costs has been eradicated from this to health care. ings. proposal as now written. Flexible A study by the Organization for Eco- Stalling implementation on a pro- spending accounts help individuals and nomic Co-Operation and Development gram set to run for an indefinite time families pay for out-of-pocket medical showed that the number of CT scanners horizon and calling it ‘‘savings’’ is expenses that are not covered by their per million in population was 7.5 in nothing more than fiscal sleight of health insurance plans with tax-free Britain, 11.2 in Canada, and 32.2 in the hand. Therefore, the Senate Budget dollars. These are particularly impor- United States. Committee estimates the true 10-year tant for individuals and families who For magnetic resonance imaging— cost of the proposal to be $2.5 trillion have high medical expenses, such as MRIs—there was an average of 5.4 MRI once fully implemented—$2.5 trillion seniors and those with chronic health machines per million in population in once fully implemented. Let me say conditions or disabilities. Britain, 5.5 in Canada, and 26.6 in the that again: $2.5 trillion—a lot of The current proposal before us will United States. money. not only limit allowable flexible spend- Government-run health care will un- To pay for this $2.5 trillion worth of ing account contributions, but the dermine patients’ choice of care. legislation, the government, I believe, limit is not indexed for inflation, which Citizens in those countries are told will have no choice but to raise taxes means the inflation-adjusted or real by government bureaucrats what to European welfare state levels or im- value of a flexible spending account health care treatments they are eligi- pose drastic restrictions on patient will decline steadily over time until ble to receive and when they can re- care or, most likely, both. virtually worthless. ceive them. I believe Americans need The bill includes over $493 billion in What is also truly concerning about to understand that all countries with new tax increases, as written, and the current legislation is a massive re- socialized medicine ration health care probably another $464 billion in Medi- duction in care our seniors will face by forcing their citizens to wait in care cuts, placing the burden of reform under this legislation. The proposal in- lines to receive scarce treatments. squarely on the shoulders of the middle cludes $120 billion in cuts to Medicare Simply put, government financing class, small businesses, and the elderly. Advantage, nearly $135 billion in Medi- means government control, and gov- For the middle class, the proposal is care cuts for hospitals that care for ernment control means less personal a direct hit. The Joint Committee on seniors, more than $42 billion in cuts freedom. Taxation estimates that in 2019, 73 per- from home health agencies, and nearly While we need to enact reforms to cent of the so-called wealthy taxpayers $8 billion in cuts from hospices, of all our health care system that will reduce paying the proposed excise tax on high places. I believe this nearly $1⁄2 trillion cost and improve access, our Nation premiums will earn less than $200,000 a in Medicare reductions simply must re- cannot withstand the deep deficits this year. I think the time is now to stop sult—has to result—in vast reductions colossal health care entitlement pro- heaping debt obligations on the backs in the quality of our seniors’ care. gram, I believe, would create. Instead, of the able bodied. I do not believe massive tax in- we need a system that restores the pa- The proposed tax on the so-called creases, a rise in the cost of health care tients and doctors as the center of Cadillac plans—plans with high annual premiums, reduced flexibility in self- every health care decision, rather than premiums—will not only be passed on management of care, and cuts to sen- the government and insurance compa- to the consumer through higher pre- iors’ health care is what the American nies. miums but will creep its way into the people have in mind as a way to im- By making insurance portable, ex- lives of many middle-class Americans. prove access and create affordable panding health care savings accounts, I have a little story. Mrs. Melanie quality health care. reducing frivolous lawsuits, empha- Howard, of Pelham, AL, raised this We have already seen how this legis- sizing preventive care, reducing admin- point when discussing the idea of who lation will significantly increase costs istrative costs, and making insurance

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13216 CONGRESSIONAL RECORD — SENATE December 15, 2009 more affordable to small business and safety problems if we reimport FDA- American people to have the freedom individuals, I believe we can efficiently approved drugs from other countries— to access lower priced drugs where they decrease the costs that currently bur- absolute rubbish. are sold elsewhere in the world. I am den Americans while expanding cov- Here is Dr. Rost, a former vice presi- talking about FDA-approved drugs erage. The result would be improved dent for marketing for Pfizer Corpora- made in FDA-approved plants. It quality and affordable care. tion, and this is what he said: doesn’t matter what the fancy wrap- It appears that no matter how many During my time I was responsible for a re- ping and the bright ribbons are on this thousands of letters my office receives gion in northern Europe. I never once—not package. in the Senate asking Congress to stop once—heard the drug industry, regulatory This package to nullify what we are this legislation, this administration is agencies, the government, or anyone else trying to do is a package that comes saying that this practice was unsafe. Person- determined to pass something—any- ally, I think it is outright derogatory to directly from the pharmaceutical in- thing—no matter what the cost or how claim that Americans would not be able to dustry. Why? To protect their inter- damaging the result. The latest CNN handle reimportation of drugs when the rest ests. This year they will sell $290 bil- poll shows 64 percent of Americans op- of the educated world can do it. lion worth of drugs, 80 percent brand- pose this health care reform as now They have been doing this in Europe name prescription drugs. On brand- written. The Associated Press reports for 20 years, reimporting lower priced name drugs, the price increased 9 per- that over 60 percent of Americans are prescription drugs from other coun- cent this year and on generic drugs it against this type of reform. tries, and they do it safely. Our con- fell by 9 percent. Now I understand why It has been said we would be commit- sumers pay the highest prices in the they want to protect those interests. ting Senatorial malpractice to pass world because there is no competition Here are two pill bottles, both con- legislation such as this. I agree. I sim- for prescription drugs. When a drug is tain Lipitor, both made in a plant in ply do not believe the American people sold for a fraction of the price else- Ireland by an American corporation. desire or deserve what government-run where—one-tenth the price for Nexium This sent to Canada, this sent to the health care would result in: higher in Germany and Great Britain—the United States. The American consumer taxes, larger deficits, and rationed American people can’t access it. Even gets the same pill made in the same lower quality care. though it is made in the same plant, bottle made in the same plant by the While we need to enact reforms to the same pill put in the same bottle, same company. The American con- our health care system that will reduce the American people are told: It is off- sumer also gets the privilege of paying costs and improve access to all Ameri- limits to you. nearly triple the price and can’t do a cans, our Nation cannot withstand the Dr. Rost also said this: Right now, thing about it because this Congress, massive cost this colossal health care drug companies are testifying that im- vote after vote after vote, has said: We entitlement program will create. ported drugs are unsafe. Nothing could stand with the pharmaceutical indus- The health of this Nation will not be be further from the truth. This from a try and against competition and helped by risking our Nation’s finan- former executive of Pfizer Corporation. against freedom for the American cial well-being. It has been said if you When the pharmaceutical industry worker. think health care is expensive now, goes around the Hill today and tells If I sound a bit sick and tired of it, I wait until it is free. you that importing medicine is going am. We have been going after this for 8 I yield the floor. to be unsafe—and by the way, our bill to 10 years, to give the American peo- The PRESIDING OFFICER. The Sen- only allows the importation from Aus- ple the freedom to access the identical ator from North Dakota. tralia, New Zealand, Japan, and the FDA-approved drugs for a fraction of AMENDMENT NO. 2793 European countries, where they have the price where they are sold every- Mr. DORGAN. Mr. President, I yield an identical chain of custody and where else in the world, and we are told myself such time as I may consume where we require pedigree and we re- again and again and again there is this under the hour I control. quire batch lots that will make the en- phony excuse about safety, completely We are going to have people trotting tire drug supply much safer, including phony. onto the floor of the Senate this after- the domestic drug supply—when the I will have more to say about it later, noon—and some have this morning— pharmaceutical industry goes around but I did want to say we are going to talking about this issue of prescription the Hill today saying: If you vote for see a lot of people trotting out here drug reimportation and saying there the Dorgan-Snowe-McCain, et al. with such a shop-worn, tired, pathetic are safety problems with it—safety amendment, you are voting for less argument to try to keep things as they problems. I wish to talk about one safety, ask the pharmaceutical indus- are and try to keep saying to the small piece of health care reform with- try this: What about the fact that you American people: You pay the highest out which you can’t call it health care get 40 percent of your active ingredi- prices in the world for brand-name reform, because at least with respect to ents for drugs from India and China drugs and that is OK. That is the way the issue of pricing of prescription and from places in India and China in we are going to leave it. We will call it drugs, there will be no reform unless many circumstances that have never health care reform, and at the end of my amendment is passed. been investigated or inspected by any- the day, that is what you end up with: My amendment is bipartisan. It in- one? Answer that, and then tell us that The highest prices in the world, a 9- cludes support from Senator SNOWE, reimporting FDA-approved prescrip- percent increase just this year alone. Senator MCCAIN, Senator GRASSLEY on tion drugs from other countries is un- Over the next 10 years, that 9-percent that side and many Democratic Sen- safe. What a bunch of rubbish. increase, just this year, nets the phar- ators as well and it says: Let’s put the My understanding is, sometime yes- maceutical industry $220 billion, but brakes on these unbelievable increases terday—maybe late last night—some- that is OK. That is the way you are in the price of prescription drugs; a 9- body made a deal. I don’t know what going to end up, American consumer, percent increase this year alone in the deal is, but I guess the deal is to because we don’t want to give you the brand-name prescription drugs. say we are going to have this amend- freedom to access those lower priced Why is this an important issue? How ment—it has been 7 days since we drugs where they are sold for a fraction about let’s talk about the price of started debating this amendment—we of the price. Nexium—the price of Nexium. You buy are going to have this amendment vote One final point. I have mentioned it, if you need it: $424 for an equivalent and then we are going to have another often an old codger who sat on a straw quantity in the United States. If you vote on another amendment that nul- bale at a farm once where I had a meet- want to buy it elsewhere, not $424; you lifies it. It is the amendment I call: I ing, and he said: I am 80 years old. pay $37 in Germany, $36 in Spain, $41 in stand up for the American people pay- Every 3 months we have to drive to Great Britain. We are charged the ing the highest prices in the world for Canada across the border because my highest prices in the world for prescrip- prescription drugs. wife has been fighting breast cancer. tion drugs. If you want to support that amend- Why do we drive to Canada? To buy We are going to have a lot of people ment, go right ahead. What you are Tamoxifen. Why do we have to go there come out and say: Well, there will be doing is nullifying any ability of the to buy it? We paid—I think he said—

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13217 one-tenth the price in Canada. We have had a steady stream of speakers sions that undermine this savings ar- couldn’t have afforded it otherwise. over here the whole time. So we would gument, one of which is the new taxes, Is that what we want the American reluctantly agree to the time being di- which the Crapo motion would explic- people to have to do? Most people can’t vided between the two sides, as we have itly address, The new subsidies that drive across the border someplace. Why done that in all the times in the past, fail to address costs, and finally this not establish a system like they have but we want to reserve some time for inclusion of the CLASS Act, which is a had in Europe for 20 years, to allow the our speakers as well. We could have massive new expenditure and entitle- American people the freedom to access easily had people over here to speak. ment that would grow out of control reasonably priced drugs, FDA-approved Mr. DORGAN. Well, Mr. President, over time. drugs. did the Senator object? First, though, let me focus on these So this is a day in which we will vote The PRESIDING OFFICER. I think new taxes, 12 in total. They go into ef- on my amendment and then we will he reserved his right to object. fect immediately. In fact, the Internal vote on an amendment that nullifies it Does the Senator object? Revenue Service estimates it would and we will see whether enough of a Mr. ENZI. Yes, the Senator objects. need between $5 billion and $10 billion deal has been made so the fix is in. So, The PRESIDING OFFICER. Objec- over the next 10 years just to oversee once again, the American people end tion is heard. the collection of these new taxes. this day having to pay the highest Mr. DORGAN. Mr. President, my un- Think about that. prices in the world. Pay, pay, pay, pay, derstanding is I will put in a quorum These new taxes include, but are not soak the American consumer, keep call, the time is equally divided, appar- limited to, a new payroll tax on small doing it. That has been the message ently, between the sides, in a cir- businesses. What better way to kill job cumstance where the other side has 3 here for 10 years. creation. We will impose another 1⁄2 A group of us, Republicans and hours and our side has 2 hours and es- percent tax if you hire somebody or all Democrats, 30 who have cosponsored pecially on the subject I have just dis- the people you retain on the payroll. this legislation, have said, you know cussed, the other side has 2 hours and I That is crazy at a time when we are what. We are sick and tired of it. Give have 1 hour. trying to create new jobs. There is a the American people the freedom. If I will put us into a quorum call, and tax on seniors and the chronically ill. I this is a global economy, how about a I guess it will be equally divided be- discussed that yesterday. There are global economy for real people? How tween the two sides. new limits on health savings accounts I suggest the absence of a quorum. about let them have the advantages of which will increase taxable income for The PRESIDING OFFICER (Mr. CAR- a global economy? middle-class families, and a new med- PER). Is there objection? Once again, I will have a lot more to Without objection, it is so ordered. ical device tax which will be paid for say this afternoon. It is apparently a The clerk will call the roll. by American families, according to the day for deal-making and we will see The bill clerk proceeded to call the Congressional Budget Office. In other who made what deals, but we are going roll. words, if you need a health or life- to have votes. I know one thing. I know Mr. KYL. Mr. President, I ask unani- saving device, such as a diabetes pump the pharmaceutical industry has a lot mous consent that the order for the or stent for your heart, why do you of clout. I know that. I hope the Amer- quorum call be rescinded. want to tax that if it provides better ican people have the ability to expect The PRESIDING OFFICER. Without health care for you and your family? some clout on their behalf in the objection, it is so ordered. The reason is they need more revenue Chamber of the Senate this afternoon. Mr. KYL. Mr. President, I want to to pay for the expenses of the bill. I yield the floor, and I make a point speak in favor of the Crapo motion, They increase the taxes. CBO says they of order that a quorum is not present. which we will be voting on in a few will be passed right through to the pa- The PRESIDING OFFICER. The hours. tients which are then passed through clerk will call the roll. The Crapo motion would essentially in the form of higher premium costs. The bill clerk proceeded to call the protect the American middle class As I said, most of these taxes would roll. from tax increases in this bill. The start immediately and many would hit Mr. DORGAN. Mr. President, I ask President promised that nobody mak- middle-income families despite the unanimous consent that the order for ing under $200,000 a year, or families President’s famous campaign pledge. the quorum call be rescinded. making under $250,000 a year, would see Washington, for a period of 4 years, The PRESIDING OFFICER. Without tax increases under the bill. But they piles up the money before it pays any objection, it is so ordered. do. of the money out. That is supposed to Mr. DORGAN. Mr. President, my un- The Crapo motion would simply send lower costs because for the first 4 years derstanding is there is a desire by some the bill back to the Finance Com- there are not any expenses. We are col- to have a quorum call in which the mittee and make sure that they don’t. lecting all this revenue and somehow quorum call time is charged against all It is a fairly straightforward amend- or another that is portrayed as a sav- sides. My understanding is, there are, I ment, and we should support it. ings for the Federal Government. think, 5 hours allocated with respect to In supporting the motion, I will dis- Over the next 10 years that money is today: 1 hour for the Baucus amend- cuss other things related to it. There is spent out, it is $2.5 trillion in spending, ment, 1 hour for the Crapo amendment, this notion that somehow or other the and that is not sustainable. This is part and 3 hours distributed as follows: 1 health care bill will save money for the of the bill’s gimmickry to create this hour for me, 1 more Mr. LAUTENBERG, government and for taxpayers and pa- idea that somehow the bill is deficit and 1 hour for the Republican leader on tients. That is where it is wrong. That neutral. As I said, when you take a the prescription drug reimportation; is why we need things such as the look at the true 10-year cost beginning am I correct? Crapo motion. in 2014 once the bill is fully imple- The PRESIDING OFFICER. That is How does the expenditure of trillions mented, you have a whopping $2.5 tril- correct. of dollars in new spending save any- lion pricetag. Mr. DORGAN. So I ask unanimous body money? That is counterintuitive. Colleagues on the other side say: It is consent that the quorum call be allo- The answer is, of course, that it necessary to raise all this money to cated against the 4 hours and not doesn’t. subsidize the increased cost of health against the hour I control. Jeffrey Flier, dean of the Harvard care. I get it. We are going to raise pre- The PRESIDING OFFICER. Is there Medical School, gives this bill a failing miums under the bill and then we are objection? grade. He wrote in the Wall Street going to need to raise taxes to sub- Mr. ENZI. Reserving the right to ob- Journal: sidize so people can afford those in- ject, we have had constant speakers The Democrats’ health care bill wouldn’t creased premiums. What sense does over here, so we have used a lot of our control the growth of costs or raise the qual- that make? I ask, do Americans want time. If we had known there was more ity of care. to pay more taxes in order to get a sub- vacant time, and if we could have had I think that is the fact. So let me sidy because of the increase in costs some of the majority’s time, we could point out a couple of the bill’s provi- that are the result of this legislation?

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13218 CONGRESSIONAL RECORD — SENATE December 15, 2009 Would they rather not have the pre- though, when the claims on that later date. This is an expression of dis- miums go up in the first place, as the money occur? It is like Medicare approval for the budget gimmickry ideas that Republicans have proposed today: It is very soon out of money and contained in the bill. would ensure? But that is what the bill then broke and then in a hole and then Americans want us to bring costs does. It raises premiums so then you you have a big debt on your hands. down. They could not be more clear have to raise taxes to subsidize the That is precisely what happens here. about that. But the provisions of this cost of insurance. No government program has ever re- bill disobey the wishes of the American What the Crapo motion would do is duced budget deficits, we know that. people. That is why in public opinion to say the President needs to keep his The Congressional Budget Office con- surveys—it does not matter who takes promise. Those making less than firms that this program will, indeed, them—they are increasingly showing $200,000 a year should be relieved of add—add—to future budget deficits. that the American people are opposed this tax burden. Here is what the CBO writes: to this legislation. The latest one by Secondly, if the government sub- The program would add to future federal CNN just a few days ago—and CNN is sidizes insurance for 30 million more budget deficits in large and growing fashion. not noted to be a big conservative or- Americans, obviously costs have to It does not get any simpler than that. ganization—shows that 61 percent of rise. As the respected columnist Robert The CLASS Act would add to future the American public oppose the health Samuelson wrote in a recent Wash- deficits. That is why several of my col- care plan. And now only 36 percent sup- ington Post column—by the way, the leagues on the other side of the aisle port it. That is getting close to two to title was ‘‘The Savings Mirage on have said they cannot support the bill one in opposition. Health Care’’: as long as the CLASS Act is in it. But An earlier poll showed that among The logic is simple. . . . Greater demand the last time I checked, it is still in it. Independent voters, by more than three will press on limited supply; prices will in- I want to also refer to the chairman to one, they oppose what is in this leg- crease. The best policy: Control spending of the Budget Committee who has obvi- islation. The point here is not some pe- first, then expand coverage. ously spoken out on this issue because ripheral issue—and I do not mean to That is what Republicans have been he understands the effect. I speak of demean the importance of the issue proposing. We would like to target spe- Senator CONRAD. He said it is like a when I talk about, for example, the cific solutions to the problems of cost Ponzi scheme because it offers returns public option for the government-run which would then allow more Ameri- that payments made into the system insurance plan. The abortion language cans to gain access to affordable health cannot cover in the long run. certainly is a key issue to many. Even care and, thus, avoid a hugely expen- As I said, it would generate generous if you could somehow fix those prob- sive Washington takeover of the entire surpluses for the government while lems, you still have the core of the bill system. Americans pay in and are not col- that the American people object to: the Our solution includes medical liabil- lecting benefits. And then later on, it $1⁄2 trillion in cuts in Medicare, the $1⁄2 ity reform—that does not cost any- reaches a point where payments made trillion in increases in taxes that are thing; it saves money—allowing Ameri- into the program cannot sustain the meant to be addressed by the motion I cans to purchase insurance policies promised benefits. am speaking of, the requirement that across State lines, allowing small busi- Here is what CBO tells us about the because premiums go up under the leg- nesses to pool their risks and purchase program: islation, you have to raise taxes to cre- insurance at the same rates corpora- It would lead to net outlays when benefits ate a subsidy so you can give it to peo- tions do. These solutions would bring exceed premiums. . . . ple so they can afford the increased down costs and, at the same time, en- ‘‘Net outlays’’ means you are spend- premiums. hance accessibility. ing more than you are taking in. Something we are going to be talking Third—and the reason I raise this is [By 2030] the net increase in federal out- about in the future and have hardly ad- because several colleagues on the other lays is estimated to be ‘‘on the order of tens dressed but to me is probably the most side of the aisle have made pretty firm of billions of dollars for each [succeeding] pernicious thing of all—you can talk statements about not being able to ten-year period.’’ about the government takeover, you support this legislation as long as it in- Over time, this program adds sub- can talk about the additions to the cluded what is called the CLASS Act. stantially to the deficit and to the debt, the taxes, the increased pre- This is a new government-run, govern- debt. It is an entitlement that is not miums, all of these things, the cuts in ment-funded program for long-term self-sustaining but has to be propped Medicare—to me the most pernicious care. It is intended to compete with up in some fashion by additional reve- thing of all is the fact that it is private insurers’ long-term care plans. nues. It is another way, in addition to unsustainable. The promises exceed the Notice the pattern of government the first two ways I mentioned, of how revenues with the net result that over wanting to compete with private enti- costs go up in this legislation, how sav- time, care will have to be rationed. ties. That is what the CLASS Act does. ings do not result, and how the Amer- This is what I think the American Participants would pay into this new ican public has to end up making up people fear most of all because they government system for 5 years before the difference. You have new taxes to know you cannot sustain a program they would be allowed to collect any cover subsidies for increased pre- this costly and not have to at some benefits. Naturally, you have some in- miums, government subsidies for 30 point begin to delay care, delay ap- creased revenues for a while, and that million Americans that increased de- pointments so they do not occur as is what the bill counts on in order to mand without addressing costs, and fi- rapidly and gradually begin to denying allegedly be in balance. Of course, the nally, the inclusion of the CLASS Act. care. That is why this big kerfuffle payouts occur later, and then it is not As I said, I support the Crapo motion about the commission that made rec- in balance. Participants would have to because it would assure that none of ommendations on breast cancer screen- be active workers. So this new entitle- these burdensome new taxes would hit ing and mammograms was so fright- ment would not benefit either seniors middle-income families as they are set ening to people. They could see this or the disabled. to do. This amendment must pass if was the way rationing begins. Some We are talking about a brandnew en- President Obama is going to keep his panel says we don’t think people need titlement. If a worker begins making campaign pledge to not raise taxes as much medical care as they have payments in 2011, he or she could not ‘‘one dime’’ on middle-income Ameri- been getting, never mind what has been collect benefits until the year 2016. cans. recommended in the past. Yes, by the That is why supporters of the CLASS I also support the soon-to-be-pending way, it will save money. Act say this would reduce the deficits Hutchison-Thune motion which says Of course, when politicians have to in between 2010 and 2019. Sure, if you that no taxes at all should be levied find a way to reduce benefits, they do don’t spend money in those years and until Americans see some benefits. not go to their constituents and say: you collect a lot of tax revenues, of This addresses that problem I noted We are going to cut your benefits. course you are going to have more of a where you collect the taxes up front What they do is reduce the payments surplus of revenues. What happens, and then you start paying benefits at a to people who provide the health care—

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13219 the doctors, hospitals, home health bled when called to order by the Pre- that is what is represented by the po- care, hospice care, these folks. They residing Officer (Mr. CRAPO). litical deal that was struck on this duce payments so that the providers f global health care bill between the have no choice but to reduce the White House and the White House’s al- SERVICE MEMBERS HOME OWNER- amount of their care. lies here in the Senate and the big SHIP TAX ACT OF 2009—Resumed They have to see more patients, pharmaceutical industry. It has been there are not as many of them, and The PRESIDING OFFICER. The Sen- widely reported—it is no secret—that they are getting paid less. So naturally ator from Louisiana is recognized. there was a deal between these bodies. they cannot provide the same level and Mr. VITTER. Mr. President, I rise to The pharmaceutical industry agreed to quality of care. That is how rationing strongly support and urge all of my support the President’s initiative, put- begins. Ask people in Canada, ask peo- colleagues, Republicans and Demo- ting as much as $150 million of TV ad- ple in Great Britain how long it takes crats, to support the upcoming Dorgan vertising cash behind that support, if to get in to see the doctor. Eventually reimportation amendment which we the White House would completely even that does not cut it. So they set a will be voting on later today and, just change its position on reimportation budget and say: We cannot afford to as important, to oppose the Lautenberg and other key points. pay any more than that. amendment which, as everyone knows, The record is clear: When President You better hope you get sick early in is a poison pill to reimportation and is Obama served right here with us in the the year. That is, unfortunately, what simply and surely a way to absolutely U.S. Senate, he was completely for re- you can see to an extent in our vet- kill for all practical purposes the real importation. As a Presidential can- erans care but even more in our care Dorgan reimportation language. didate, he campaigned vigorously for for our Native Americans. I did not To me, this is a crystal-clear choice, reimportation. Rahm Emanuel, the make this up. Others have said in the and it is the sort of choice the Amer- White House Chief of Staff, when he Indian Health Care Service, get sick ican people are really interested in and served in the U.S. House, was strongly early in the year because they run out really watching. It is a choice between for reimportation. But now, all that is of money if you get sick late in the doing something that can make a dif- off because Washington politics as year. ference in people’s lives, something Our first obligation ought to be to usual has stepped in the way. They that can help people, that can solve a have reversed their position through ensure our Native American population real problem in health care by doing receives the care we have promised this deal with PhRMA. Tragically, that something in a focused way or we can has crept into the Senate Chamber as them. I personally have gone through- choose to keep to the big political deal out Indian reservations in Arizona. We well. Key Senators on the Democratic that was made inside the beltway, inside—MAX BAUCUS and JAY ROCKE- have more than any other State. I side the White House with the pharma- made a tour of the Navajo reservations, FELLER and others—have reversed their ceutical industry. That is the choice. position and apparently now are urging including a lot of the health care clin- This is really a choice between voting ics and facilities that try to take care ‘‘no’’ votes for a policy they have long for the American people or voting for supported. of folks under the Indian Health Serv- politics as usual in Washington. That ice. None has enough money to do what Well, we will know in a few hours is what it all comes down to. who will be the winner—the American they are supposed to. They are under- On the positive side, reimportation is people, being given lower prescription staffed. The people who are there are a very real and very effective solution prices, or PhRMA and politics as usual wonderful, dedicated health care pro- to a real problem. The problem is obvi- in Washington. Make no mistake about viders. They are doing their best. But ous. The problem is sky-high prescrip- it, that is the choice. It couldn’t be laid you ask any of the Native Americans tion drug prices—the highest in the out in a clearer way. And to choose for whether they believe they are getting world—that we as Americans pay. the American people, to make real the care they are supposed to get under These same drugs are sold around the progress for lower prescription drug the program, and the answer is uni- world, and in many different cases—in prices, we need to do not one but two formly no. They have to wait forever. virtually every case—we pay the high- things: first, to pass the Dorgan The care is not there when they need est prices in the world right here in the it. amendment, and second, and just as United States even though we have the This is the perfect example of ration- important, to defeat the Lautenberg biggest marketplace for prescription ing of care, what happens when you amendment side-by-side, which would drugs. That is the system we are trying have a government-run system. That is clearly, by all acknowledged sources, to break up. So I want and supporters what I fear most of all will result from be a poison pill to reimportation—an of this amendment want a true free this because we have taken on much easy way for the administration to en- market in prescription drugs, a world more than we can afford. sure reimportation never happens. price that will lower the U.S. price and The end result of that inevitably is I urge all of my colleagues, Demo- dramatically help U.S. consumers. the reduction in the amount of care crats and Republicans, to vote for that is provided and the quality of care It is not just supporters of this amendment and this concept who are lower prescription drug prices, to vote that is provided. for the American people, and certainly I urge my colleagues to think very making these arguments; it is unbiased sources such as the Congressional to vote against Washington politics as carefully about what we are getting usual, which the American people are our constituents into. We can start to Budget Office and others. The Congres- sional Budget Office says this amend- so completely disgusted and fed up turn this back by supporting the Crapo with. I urge that vote. Americans all motion which at least says that folks ment—this reimportation concept will save the Federal Government money, around the country, in all our home who are middle-class families, who the States, will remember it and will President promised would not see a tax significant money, some $18 billion or more. And besides the savings to the thank us for it because we will actually increase, will not see a tax increase be providing a real solution to a real under the legislation. That is what the Federal Government, the savings to the U.S. consumer are much greater— problem and bringing them signifi- Crapo motion would provide, and I cer- cantly lower prescription drug prices. tainly hope my colleagues support it. $80 billion or more. So that is the positive choice—doing With that, Mr. President, I yield the f something real about a real problem. floor, and I suggest the absence of a RECESS That is what the American people want quorum. Mr. KYL. Mr. President, if there are us to do. They want us to focus on the The PRESIDING OFFICER. The no other Senators seeking recognition real problems that exist in health care clerk will call the roll. at this time, I ask that the Senate and attack those real problems in a fo- The assistant legislative clerk pro- stand in recess under the previous cused way. ceeded to call the roll. order. The other alternative is to keep the Mr. CRAPO. Mr. President, I ask Thereupon, the Senate, at 12:45 p.m., political deal, to vote yes for politics unanimous consent that the order for recessed until 3:16 p.m. and reassem- as usual in Washington. Tragically, the quorum call be rescinded.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13220 CONGRESSIONAL RECORD — SENATE December 15, 2009 The PRESIDING OFFICER (Mr. are many more, but if you look at the and, if we support this amendment, we UDALL of Colorado). Without objection, four major tax provisions in the bill, will be killing a bill that provides tax it is so ordered. the Joint Committee on Taxation has relief to the American people. As I Mr. CRAPO. Mr. President, I believe said that by 2019 at least 73 million have pointed out, the amendment does I have 20 minutes remaining; is that American households earning below not do anything to the subsidy that is correct? $200,000 will face a tax increase, and called a tax cut. The amendment The PRESIDING OFFICER. The Sen- when you break these numbers down leaves the subsidy in place. So it is ator from Idaho has 171⁄2 minutes re- further, it is not just the people mak- simply wrong to say the motion I have maining. ing between $100,000 and $200,000, or the asked to have passed would do any- Mr. CRAPO. Mr. President, I ask that upper income earners, but massive tax thing to remove this so-called tax re- the Chair notify me when I have 2 min- increases falling upon people who are lief—or properly called subsidy—from utes remaining. making well under $100,000 a year. the bill. What my motion does is sim- The PRESIDING OFFICER. The The response has been: Wait a ply to say the bill should be referred to Chair will so notify. minute, this bill also has some tax cuts the Finance Committee so the Finance Mr. CRAPO. Later today, Mr. Presi- in it, and when you offset the tax cuts Committee can make sure it complies dent, we are going to vote on my mo- against the tax increases, there are with the President’s pledge that it does tion to refer the bill to the Finance more tax cuts than there are tax in- not raise taxes on those who are in Committee and have the Finance Com- creases. what the President has described as the mittee simply make the bill comply I dispute that in a couple ways. First middle class. It is very simple and of all, even if you accept as fact that with the President’s promise with re- straightforward. If there are no such there are tax cuts in this bill, which is gard to taxes. taxes, then the motion is irrelevant. arguable and I will point that out in a As I have said a number of times on But we all know there are—Joint Tax, minute, they do not offset all the taxes the floor, this bill does not correct so Congressional Budget Office, many pri- and fees, so it is still a net increase in many of the problems we need to deal vate organizations have squarely point- taxes. But there is a subsidy in this bill with in health care. It drives the cost ed it out. In fact, we are still studying to provide insurance to a group of of health care in premiums up, not it. If we get past the first four big taxes Americans who do not have the finan- down; it raises hundreds of billions in in the bill, these numbers I have talked cial capacity today to purchase their taxes; it cuts Medicare by hundreds of about, the 42 million net or the 73 mil- own insurance. As I mentioned earlier, billions of dollars; it grows the Federal lion in reality, in America—and those the most needy of this group did not Government by over $2.5 trillion in the are households, not individuals, who get access to insurance. They got put will be paying more taxes—are square- first 10 years of full implementation; it on Medicaid. But some in America will forces the needy uninsured into a fail- ly going to be hit by this bill. get some access to insurance and that Let me give a different perspective ing Medicaid system and does not give subsidy will be provided by the Federal on it. If you take all those who are sup- them access to insurance; it imposes Government. The other side is saying posedly getting tax relief but are really damaging unfunded mandates on our that is a tax cut. struggling States; it still leaves mil- I disagree with that for a couple rea- getting a direct subsidy, accept the lions of Americans uninsured; and it sons. First of all, it is called, in the fact that this is truly a tax cut, they establishes massive government con- bill, a refundable tax credit and it is represent 7 percent of the American trol over our health care. Frankly, administered by the Internal Revenue public. The rest of the American public even if the so-called government option Service—which, by the way, is going to does not get a subsidy. The rest of the or government health care insurance need to grow by 40 to 50 percent in American public pays the taxes for the company that is created by the bill order to accommodate these new roles establishment of a huge $2.5 trillion were to be removed, there would still in managing the health care system. new entitlement program that will be massive government intrusion into But it is a refundable tax credit in only bring that much more of the Federal the control and management of our the way Congress could put it together. Government into control of the health health care system. It is nothing other than a government care economy. 1 Well, as we were facing the prospect payment to individuals, most of whom We are coming back now from a 2 ⁄2- of dealing with this bill, the President pay no taxes. In fact, between 2014 and hour break because the Democrats made a pledge to the American people, 2019, 73 percent of the people receiving were at the White House meeting with and in his terms the pledge was: the subsidy, or $288 billion of the sub- the President. We do not know what I can make a firm pledge, no family mak- sidy, goes to taxpayers who pay no was said there. There was apparently a ing less than $250,000 will see their taxes in- taxes. You can call that a tax cut if negotiation behind closed doors, yet crease; not your income taxes, not your pay- you want, but CBO, our Congressional once again, of some other new changes roll taxes, not your capital gains taxes, not Budget Office, does not call it a tax in the legislation, some other new por- any of your taxes. You will not see any of cut. The Congressional Budget Office tions of the bill. No C–SPAN cameras your taxes increased one single dime. scores it as Federal spending, as ex- were there, to my knowledge. But we Yet what we have in this legislation actly what it is, spending by the Fed- now have an opportunity to talk in the is a whole array of new taxes—about eral Government. It is a subsidy being next few hours about what will happen $493 billion in new taxes to start with. provided by the Federal Government. with regard to this amendment. And that is assuming you just start You can argue about whether it should The President could have asked his with the beginning of the bill and go be provided, but to call it a tax cut is friends in the Democratic caucus to for the first 10 years. If you actually a stretch. support this amendment, which simply compare the number of taxes that will Even if you accept that is a tax cut, requires that the bill comply with his be charged by this bill to the American there are still 42 million American pledge. I hope he did. I hope it can be people with that first full 10-year im- households earning below $200,000 per accepted. But the reality is, this legis- plementation period, that is $1.28 tril- year who will pay more taxes. No mat- lation violates not only this pledge but lion in new taxes. ter how you cut it and no matter how a number of the President’s other This chart shows taxes and fees, not you define tax cut, the reality is this pledges—for example, the pledge that if just the specific taxes but taxes and bill imposes hundreds and hundreds of you like what you have, you can keep fees—fees which our Congressional billions of dollars of new taxes squarely it. Americans all over this country Budget Office and our Joint Tax Com- on the middle class in violation of the have heard that pledge repeated a num- mittee have said repeatedly will be President’s promise that nobody in ber of times. If you are one of the em- passed on to the American consumer. America who makes less than $250,000 ployees who has employer-provided in- Yet the President said nobody’s taxes as a family or $200,000 as an individual, surance and that insurance happens to will be increased. in order to fund this bill, would be re- fit in the so-called higher insurance Let’s see the next chart. Here we quired to pay more taxes. packages that are taxed 45 percent by have further analysis of just four of the Some of those who have responded to this plan, you are not going to get to major tax provisions in the bill. There this have said this is our opportunity keep it. Both CBO and Joint Tax have

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13221 made it very clear that you are going one and took the gimmicks out, this consumer savings. That is what the to see your health care cut by your em- bill would generate a deficit, another Dorgan amendment does. ployer in order to avoid this tax. Then promise the President pledged not to It cuts the cost of the legislation be- what is going to happen is your em- do. fore us as much as $19.4 billion over 10 ployer might—probably will—give you There are so many problems with years. We are always talking about a little bit more wages to compensate this bill. But most important today, as bending the cost curve, saving money, for the cut in your employment bene- we will have an opportunity around 6 particularly for seniors who use more fits. Your net package of compensation o’clock, is to vote to at least have the prescription drugs than younger Amer- will not change in value, but you will bill comply with the President’s icans, and yet there is opposition. get at more of it in wages and a little pledge. I would like to ask my colleague less in health care. But the kicker is, I ask how much time remains. from North Dakota, one, how long has the wage portion is taxed but the The PRESIDING OFFICER. The Sen- he been fighting this issue; and, two, health portion is not so your taxes are ator from Idaho has 3 minutes remain- why in the world do we think anybody going to go up and your net package is ing. would be opposed to an amendment going to go down. You are going to Mr. CRAPO. Mr. President, I would that would save $100 billion for con- have a less-robust health care plan and like to reserve the remainder of my sumers? you will have a lower overall com- time, and I will hold that until later in Mr. DORGAN. We have been working pensation package. Does that comply the day. on this for 10 years—myself, the Sen- with the President’s promise that if The PRESIDING OFFICER. Who ator from Arizona, and others. He you like what you have, you can keep yields time? The Senator from Wash- knows because he was chairman of the it? What about the 11 million Ameri- ington. Commerce Committee. We held hear- cans, I believe it is, who have Medicare Ms. CANTWELL. Mr. President, I ask ings on this in the committee. The fact Advantage policies today who clearly unanimous consent for 3 minutes out of is, we have gotten votes on it before. In are going to lose about half of that Senator BAUCUS’s time to make a each case, the pharmaceutical indus- extra Medicare Advantage benefit statement. try, which has a lot of muscle around under the Medicare cuts in the bill? If The PRESIDING OFFICER. Without here, prevailed on those votes with an they like what they have, can they objection, it is so ordered. The Senator amendment that is a poison pill keep it? No. from Washington is recognized. amendment saying somebody has to What I am asking is simply that the (The remarks of Ms. CANTWELL are certify with respect to no additional Senate vote to require that the Presi- printed in today’s RECORD under safety risk and so on. dent’s pledge in this one case be hon- ‘‘Morning Business.’’) These safety issues are completely ored; namely, let’s send the bill to the The PRESIDING OFFICER. The Sen- bogus, absolutely bogus. They have Finance Committee, it can be turned ator from North Dakota. done in Europe for 20 years what we are around in the Finance Committee over- Mr. DORGAN. Mr. President, I wish proposing to do in this country, par- night, take out the provisions that im- to make a point. I know my colleague allel trading between countries. What pose taxes on people in America earn- from Arizona wishes to engage in a we are trying to do is save the Amer- ing less than $250,000 as a family or brief colloquy on this point. The ican people $100 billion in the next 10 $200,000 as an individual and bring it amendment we are offering, a bipar- years because we are charged the high- back to the floor. tisan amendment dealing with the est prices in the world for prescription You will hear it said this is a killer price of prescription drugs, is a very drugs, and there is no justification for amendment, that it will kill the bill. It important amendment. We are going to it. will not kill the bill unless it is nec- get our vote on that, but then there is I want to show the Senator from Ari- essary in the bill to tax Americans to also going to be a vote on a poison pill zona one chart. This is representative. the tune of the hundreds of billions of amendment that nullifies it. It says if If you happen to take Nexium, for the dollars that are included in this bill. you pass the second amendment, it same quantity you pay $424 in the What it will do is expose that this bill means nothing happens and prescrip- United States, if you were in Spain, cannot be claimed to be deficit neutral tion drug prices keep going through you would pay $36; France, $67; Great or to even reduce the deficit unless the roof. Britain, $41; Germany, $37. Why is it three things happen: the Medicare cuts I wish to say quickly there have been the American consumer has the privi- of hundreds of billions of dollars are very few bipartisan amendments on the lege of paying 10 times the cost for ex- imposed; the tax increases of hundreds floor of the Senate during this health actly the same drug put in the same of billions of dollars are imposed, and care debate. That is regrettable. This, bottle made by the same company in the budget gimmicks are implemented. in fact, is bipartisan. A wide range of 30 the same plant? Justify that. Let me tell you about the most sig- Senators, including Republicans JOHN Mr. MCCAIN. Could I also ask my nificant of those budget gimmicks. In MCCAIN, CHUCK GRASSLEY and OLYMPIA friend, has he seen this chart? This order to make it so they could say this SNOWE and so on support this effort and chart shows that the pharmaceutical bill does not increase taxes or does not the effort is simple, trying to put the companies in America increased whole- increase the deficit, the crafters of the brakes on prescription drug prices by sale drug costs, which doesn’t reflect bill have had the taxes go into effect on giving the American people freedom the retail drug cost, by some 8.7 per- day one, the Medicare cuts go into ef- and the ability to find competition cent just this year, while the Consumer fect by day one, but the subsidy pro- among drug prices where they are sold Price Index—this little line here, infla- gram or the spending part of the bill is in other parts of the world for a fraction—has been minus 1.3 percent. delayed for 4 years. So we have 10 years tion of what we are charged as Amer- How in the world do you justify doing of revenue and 6 years of spending. ican consumers. that? These are lists of the increases I, personally, think the way they The PRESIDING OFFICER. The Sen- over a year in the cost of some of the picked 2014 to be the year in which ator from Arizona is recognized. most popular or much needed prescrip- they implement the spending part of Mr. MCCAIN. I ask for unanimous tion drugs. Why would pharmaceutical the bill is they said: How many years consent to engage in a colloquy with companies raise costs by some 9 per- do we have to delay the spending im- the Senator from North Dakota. cent unless they were anticipating pact until we can claim there is a def- The PRESIDING OFFICER. Without some kind of deal they went into? icit-neutral bill? It turned out they had objection, it is so ordered. I don’t want to embarrass the Sen- to delay it for 4 years out of the 10. If Mr. MCCAIN. I think it is important ator from North Dakota, but isn’t it it took 5, they would have delayed it 5 for us to recognize what the Dorgan true that the President, as a Member of years. That is a budget gimmick. The amendment is all about. It is about an this body, cosponsored this amend- reality is we all know if you have the estimated—according to the Congres- ment? spending go into place on day one and sional Budget Office, and we love to Mr. DORGAN. That is the case. The the taxes go into place on day one and quote the Congressional Budget Office President was a cosponsor of this legis- the Medicare cuts go into place on day around here—$100 billion or more in lation when he served last year. I do

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13222 CONGRESSIONAL RECORD — SENATE December 15, 2009 want to say as well the American con- Mr. MCCAIN. My only conclusion is would improve drug safety, not threat- sumer gets to pay 10 times the cost for that what we are seeing is really what en it. It would open trade to lower cost Nexium. Nexium is for acid reflux, contributes to the enormous cynicism drugs. probably a condition that will exist on the part of the American people In 2004, my staff was briefed about an with some after this vote because my about the way we do business. This is a investigation that the Permanent Sub- understanding is, after 7 days on the pretty clear-cut issue. As the Senator committee on Investigations of the floor of the Senate, there is now an ar- from North Dakota pointed out, it has Senate Governmental Affairs Com- rangement by which the pharma- been around for 10 years. For 10 years mittee conducted. That subcommittee ceutical industry will probably have we have been trying to ensure the con- conducted this investigation into what sufficient votes to beat us, once again, sumers of America would be able to get we would call going on right now, cur- which means the American people lose. lifesaving prescription drugs at a lower rent drug importation. They found I also want to make this point. Any- cost. And the power of the special in- about 40,000 parcels containing pre- one who stands up and cites safety and terests, the power of the lobbyists, the scription drugs come through the JFK reads the stuff that has come out of a power of campaign contributions is mail facility every single day of the copying machine for 10 years, under- now being manifest in the passage of a year, 40,000 packages each day. stand this: Dr. Peter Rost, former vice killer amendment which will then pro- Now the JFK airport houses the larg- president of marketing for Pfizer, for- hibit—there is no objective observer est international mail branch in the merly worked in Europe on the parallel who will attest to any other fact than United States, but even then that is trading system, said: the passage of the follow-on amend- the tip of the iceberg. According to this The biggest argument against reimporta- ment, the side-by-side amendment, will subcommittee, each day 30,000 pack- tion is safety. What everyone has conven- prohibit the reimportation of prescrip- ages of drugs enter the U.S. through iently forgotten to tell you is that in Europe tion drugs into this country which we Miami, 20,000 enter through Chicago. reimportation of drugs has been in place for all know can be done in a safe fashion That is another 50,000 more packages 20 years. and could save Americans who are each and every day. It is an insult to the American people hurting so badly $100 billion a year or What is worse, about 28 percent of to say: You can make this work in Eu- more and cut the cost of the legislation the drugs coming in are controlled sub- rope for the benefit of consumers to get before us by $19.4 billion. To scare peo- stances. So we have a situation where lower prices, but Americans don’t have ple, to say that these drugs that are we need the basic approach in this the capability to make this happen, being reimported are not done in a safe amendment to assure that imported don’t have the capability to manage it. manner to ensure that the American drugs are safe. That is what the Dorgan That is absurd. This safety issue is un- people’s health is not endangered is, of amendment is all about, to give FDA believably bogus. course, an old saw and an old movie we the ability to verify the drug pedigree Mr. MCCAIN. Haven’t we seen this have seen before. It is regrettable that back to the manufacturer, to require movie before? The movie I am talking the special interests again prevail at FDA to inspect frequently, and to re- about is that we have an amendment or the power of the pharmaceutical lobby. quire fees to give the FDA the re- legislation pending before the body or Of the many traits the Senator from sources to do that. in committee that will allow for drug North Dakota has that I admire, one of reimportation, as the Senator pointed The bottom line is, the Dorgan them is tenacity. I want to assure him amendment gives the FDA the author- out from that previous chart, in a to- that I will be by his side as we go back tally safe manner. Then there is ality and the resources it needs to imple- again and again on this issue until jus- ment drug importation safely. ways, thanks to the pharmaceutical tice and fairness is done and we defeat lobbyists—of which there are, I believe, Certainly, the President knows that the special interests of the pharma- a great way to hold drug companies ac- 635 pharmaceutical industry lobbyists, ceutical industry which have taken a lobbyist and a half for every Member countable is to allow safe, legal drug over the White House and will take importation. I would like to quote this of Congress—an amendment that then over this vote that will go at 6 o’clock. basically prohibits the reimportation President not when he was a candidate It is not one of the most admirable for President but a candidate for the of drugs. chapters in the history of the Senate or Haven’t we seen this movie before? Senate. This is what President Obama the United States Government. said then: Apparently another deal was made so Mr. DORGAN. Mr. President, I yield 5 that they are now going to have suffi- minutes to the Senator from Iowa. I urge my opponent to stop siding with the cient votes to again cost the consumers The PRESIDING OFFICER (Mr. drug manufacturers and put aside his opposition to the reimportation of lower priced $100 billion more in cost for the phar- KAUFMAN). The Senator from Iowa. maceutical drugs. Their representa- Mr. GRASSLEY. Mr. President, we prescription drugs. tives are here on the Senate floor ready have two key votes this afternoon on Now we are hearing about the secret to tout the virtues of an amendment drug reimportation. These votes mean deal with big PhRMA. That was revised which, as we all know, is a killer that today is the day we can show the just this week to solidify support with amendment. Let’s have no doubt about American people whether we can pass PhRMA’s allies for killing this very that. drug importation or whether the Sen- important Dorgan amendment. The Mr. DORGAN. Mr. President, the ate will give it lipservice and nothing drug companies will stop at nothing to Senator from Arizona is right. If this is else. keep the United States closed to other ‘‘Groundhog Day’’ for pharmaceutical We have heard on the Senate floor markets in order to charge higher drugs, the clock strikes 6 and the phar- the concerns that some have about prices. maceutical industry wins. They have drug importation and whether it can be With the Dorgan amendment, we are been doing it for 10 years. We just re- safe. Everyone who knows me knows I working to get the job done. What we peat the day over and over again. My care deeply about drug safety. The fact need is to make sure Americans have hope is that we will not have to repeat is, an unsafe situation is what we have even greater, more affordable access to it today. My hope is that after a lot of today. Today consumers are ordering wonder drugs by further opening the work on a bipartisan piece of legisla- drugs over the Internet from who doors to competition in the global tion, the American people will have knows where, and the FDA does not pharmaceutical industry. sufficient support on the floor of the have the resources, in fact, to do much Americans are waiting. Too often Senate to say it is not fair for us to be of anything about it. The fact is, legis- this thing has been stymied, and it paying double, triple and 10 times the lation to legalize importation would looks like there is another chance to cost of prescription drugs that others not only help to lower the cost of pre- stymie it. Only I am surprised. Most of in the world are paying. scription drugs for all Americans but the time in the past that I have been I wonder if we might be able to yield also should shut down the unregulated for the importation of drugs, it was my some time to the Senator from Iowa, 5 importation of drugs from foreign colleagues over here who were trying minutes, unless the Senator from Ari- pharmacies, the situation we have to stymie it. But now it looks as zona wishes to conclude. today. The Dorgan amendment, in fact, though it is the other side. We ought to

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13223 have a vast majority for this amend- logistically challenging to implement then faced with purchasing the other ment. I would be surprised. It would be and resource intensive’’ and that ‘‘sig- nine months worth of medicine at U.S. a crime, if we didn’t. nificant safety concerns . . . and safety prices on her own. It makes the dif- I yield the floor. issues’’ remain. ference for the elderly man on a fixed Mr. ROBERTS. Mr. President, I rise Senator LAUTENBERG has introduced income who is unable to afford both today to talk about prescription drug a side-by-side amendment to Senator the heart medicine he needs to live, importation and patient safety. Sen- DORGAN’s, requiring that, before any and the gas bill he needs to keep warm. ator DORGAN’s amendment to allow for law allowing the importation of pre- Are we prepared to tell those in dire the importation of prescription drugs scription drugs into the United States need that they must go back to choos- into the United States could have can become effective, the Secretary of ing between paying gas, food, and heat- grave consequences for patient safety Health and Human Services must cer- ing bills, or their medicine? in America. tify that such a scheme will both pose Of course not, and I urge my fellow In a recent letter to my good friend no additional risk to the public’s Senators to support the Dorgan-Snowe and home State colleague Senator health and safety, AND result in a sig- amendment. BROWNBACK, the Commissioner of the nificant reduction in costs for con- Mr. ENZI. Mr. President, I rise today Food and Drug Administration, Dr. sumers. to talk about prescription drug impor- Margaret Hamburg, identified the four I think that this amendment just tation. As my colleagues know, I op- risks to patient safety that drug im- makes sense. We must protect the pre- pose this proposal. portation schemes pose: No. 1, the drug scription drug supply in America. It is our job as Senators to debate may not be safe or effective; No. 2, the Mr. LEAHY. Mr. President, making the issues, put forward our ideas, and drug may not be a consistently made, medicine affordable is part of what show where we stand. I was dis- high quality product; No. 3, the drug health reform should be. Today we appointed that Democratic leadership may not be substitutable with an FDA- have the opportunity to include a chose to prevent the Senate from vot- approved product; and No. 4, the drug measure long-championed by Senator ing on amendments to improve this bill may be contaminated or counterfeit. DORGAN, which makes affordable pre- for the past 6 days. I am, however, glad That is a lot of risk to expose al- scription drugs more widely available the impasse has finally been resolved. ready-vulnerable patients to. And to Americans. I am not afraid to show where I stand think about this: Malta. Cyprus. Lat- Americans pay some of the highest on this issue. Some of my colleagues on via. Estonia. Slovakia. Greece. Hun- prices for prescription drugs of any both sides of the aisle support importa- gary. Romania. These are just a few of country in the world despite the fact tion. Some, like me, oppose it. But my the countries that could be exporting that many of these drugs are made position is clear, and does not change prescription drugs to the United States right here, and they are often made with the political winds. The winds I am referring to include if the Dorgan amendment passes. As a with the benefit of taxpayer supported the arrangement that was reportedly former chairman of the Senate Intel- research. Prescription drugs are a life- negotiated with the drug manufactur- ligence Committee, I have grave con- line, not a luxury. The issue boils down ers. Under the terms of this backroom cerns about the ability of these coun- to access: A prescription drug is nei- deal, the drug manufacturers have re- tries to adequately protect their drug ther safe nor effective if you cannot af- portedly agreed to $80 billion in price supplies. ford to buy it. cuts and provided a commitment to Our Food and Drug Administration, We have to recognize that this im- spend $150 million in ads supporting the FDA, is the gold standard for drug poses real dangers on American con- the Reid bill. and product safety in the world, and sumers when they cannot follow their In exchange, Senate Democratic even it has not been one hundred per- doctor’s treatment plan because they leadership and President Obama have cent effective in preventing contami- can’t afford their medicine. While we reportedly agreed to block efforts to nated and counterfeit products from must do more to bring affordable enact drug importation from Canada. entering our supply chain. The recent healthcare to the millions of Ameri- According to one Wall Street ana- scandals involving imported heparin, cans who are currently uninsured or lyst’s report, the Reid bill is expected infant formula, and toothpaste have who do not have good coverage, we can- to increase drug company profits by demonstrated the unfortunate limita- not continue to deny them this imme- more than $137 billion over the next 4 tions of the FDA’s ability to conduct diate market-based solution. years. Let’s do the math on that: $80 foreign inspections of food, drugs and I am proud to be a cosponsor of the billion in cuts, leading to $137 billion in cosmetics manufacturers abroad. If our Dorgan-Snowe amendment to allow increased profits. own safety watchdog can’t guarantee pharmacies and drug wholesalers in the While this may be a good deal from our protection, how can we expect that United States to import the very same the drug manufacturers and Senate protection from Malta or Slovakia? medications that are FDA-approved in Democrats, it certainly is not a good There is a real risk that these coun- the United States from Canada, Eu- deal for the American people. Part of tries will be vulnerable to importing rope, Australia, New Zealand, and the reported deal will actually increase drugs from countries that are known Japan where prices are 35–55 percent Medicare costs to the taxpayer, be- for high rates of counterfeiting. In the lower than in the United States. Con- cause it creates an incentive for Medi- European Union last year, 34 million sumers will be able to purchase the care beneficiaries to continue using counterfeit drugs were seized at border very same prescription medications brand-name drugs. crossings in just 2 months. The World from their local pharmacies at a third According to the Congressional Budg- Health Organization estimates that or half of the cost. Additionally, the et Office, Federal Medicare costs will drug counterfeiting rates in Africa and legislation would also allow individuals be increased by $15 billion over the parts of Asia and Latin America are 30 to purchase prescription drugs from next decade as a result of this deal. In percent or more. And up to 50 percent FDA-inspected Canadian pharmacies— the last few days, there have been new of medicines purchased from Internet something Vermonters have crossed press reports highlighting how the drug sites that conceal their address are the border to do many times before. manufacturers may have agreed to profound to be counterfeit. Do we really For many Vermonters today, pur- vide even deeper discounts on their want an HIV or cancer patient in Ohio, chasing drugs from Canada literally brand-name drugs. No one knows how or Arizona or Kansas to rely on im- means the difference between following much more this deal will cost the tax- ported medicines that may have zero their doctors’ orders and having to payers. effectiveness, or which may even be throw the dice with their health and In addition to increasing the price harmful? sometimes even with their lives by Americans will pay for the Reid bill, According to FDA Commissioner doing without their prescription medi- this deal appears to have also under- Hamburg, the Dorgan amendment does cines. It makes the difference for the mined Democratic support for a drug not adequately address these potential woman who has maxed out her health importation amendment. risks. In fact, the Commissioner says plan’s annual prescription drug benefit My colleagues who believe importa- that the amendment ‘‘would be only three months into the year and is tion is the right way to lower drug

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13224 CONGRESSIONAL RECORD — SENATE December 15, 2009 costs say that it will save the govern- league from New Jersey yielding time. system for profits at the expense of the ment $19 billion and consumers $80 bil- I know he is going to call up his health and safety of American families. lion over the next 10 years. amendment shortly, and that is what I That is what this reform is all about. The majority leader has previously want to speak to. Specifically, when it comes to the im- voted for drug importation. President Mr. President, before I get to the portation of prescription medication, Obama supported drug importation core of my remarks, I want to tell my this amendment will help us be sure when he was in the Senate. The sup- colleague who left the floor, I was that what we think we are buying in porters of drug importation should be tempted to rise under rule XIX that the bottle is, in fact, what is in that able to easily pass this amendment says: bottle. without any limitations. No Senator in debate shall, directly or in- I want to make reference to a letter. Yet it looks like the supporters of directly, by any form or words impute to an- We talk about safety, and there is a lot drug importation will not succeed other Senator or to other Senators any con- of pooh-poohing that, oh, there are no today. It appears likely that safety cer- duct or motive unworthy or unbecoming a safety concerns. Well, there is one enti- tification language, similar to lan- Senator. ty in this country that is responsible guage included in prior years, will be I could impute, if I wanted to, I for safety when it comes to food and added to this proposal. guess, that maybe there are some who drugs, and it is called the FDA, the My colleagues each know where they really do not care about this plan as Food and Drug Administration. In a stand on the issue. But the deal with much as they care about killing health letter from FDA Commissioner Ham- the drug manufacturers is apparently care reform, but I would not do that. I burg, she mentions four potential risks so important that supporters of drug would not do that. So I hope in the to patients that, in her opinion, must importation are going to vote against context of the debate I am not forced be addressed: the proposal. to rise under rule XIX. First, she is concerned that some im- It is important for the American peo- Mr. President, I rise in favor of the ported drugs may not be safe and effec- ple to understand why there has been amendment of Senator LAUTENBERG, tive because they were not subject to a this change of heart on this issue. The who is going to offer it shortly, because rigorous regulatory review prior to ap- drug manufacturers are one of the few it does two things that underscore the proval. remaining health care groups that still entire debate about health care reform: Second, the drugs ‘‘may not be a con- support the Reid bill. They have com- It protects the American people by put- sistently made, high quality product mitted to spend $150 million to buy tel- ting the safety of families first—and because they were not manufactured in evision ads to support the Democrats there is a lot of brushing aside of safe- a facility that complied with appro- efforts on health reform. ty here; safety is paramount; safety is priate good manufacturing practices.’’ If my Democratic colleagues fail to paramount—and it lowers costs. At its Third, the drugs ‘‘may not be substi- adopt drug importation without the core, that is what this health care de- tutable with the FDA approved prod- safety language, it is because the Sen- bate is all about. ucts because of differences in composi- ate Democratic leadership and the I appreciate the intentions of the tion or manufacturing . . . ’’ Fourth, the drugs simply ‘‘may not White House have decided they will do amendment that has been offered on be what they purport to be’’ because whatever it takes to keep the support the floor, but in my view it is regres- inadequate safeguards in the supply of the drug manufacturers. They be- sive. It harkens back to a time when chain may have allowed contamination the lack of sufficient drug regulation lieve that the money these companies or, worse, counterfeiting. will spend will be enough to convince allowed people to sell snake oil and It addresses FDA Commissioner the American people to support their magic elixirs that promised everything Hamburg’s statement about the efforts. and did nothing. To allow the importa- amendment of my colleague from The American people already under- tion of untested, unregulated drugs North Dakota: made from untested and unregulated stand that the Reid bill is not a good that there are significant safety concerns re- deal for them. They understand how ingredients from 32 countries into the lated to allowing the importation of non-bio- this bill will raise their taxes, increase medicine cabinets of American families equivalent products, and safety issues— their insurance premiums and cut without serious safety precautions flies ‘‘Safety issues’’— Medicare benefits for millions of sen- in the face of protecting the American related to confusion in distribution and la- iors. people, and it is contrary to the con- beling of foreign products and the domestic That is why over 60 percent of Ameri- text of health care reform. product that remain to be fully addressed in cans now oppose the Democratic health The amendment by Senator LAUTEN- the amendment. reform proposals. No amount of adver- BERG brings us around to the real pur- Senator LAUTENBERG’s amendment tising, funded by the drug companies or pose of why we have been here on the addresses this concern. It allows impor- anyone else, is going to change that re- floor, which is to create the type of re- tation, but it protects the American ality. form that ultimately gives greater people by requiring that before any Mr. LEVIN. Mr. President, it has be- health insurance and greater safety to drug is imported to the United States, come apparent that passage of this the American people. it must be certified to be safe and to Dorgan amendment relative to impor- They care about honest, real reform reduce costs. So it does what the FDA tation of prescription drugs, an amend- that makes health care affordable and Commissioner is talking about here, ment which I have long supported, protects American families, protects the agency responsible for protecting could threaten passage of broader them from the potential of counterfeit the American people. People may just health care reform. If so, the perfect drugs that promise to cure but do abso- want to not believe it, they may want would become the enemy of the good. lutely nothing, just as we are here to to ignore it, but the fact is, this is the For that reason, I will vote ‘‘no’’ on the protect them from insurance policies entity responsible in this country to Dorgan amendment on this bill. that promise to provide health care for protect the food supply and the drug The PRESIDING OFFICER. The Sen- a premium and then deny coverage and supply. ator from New Jersey. provide no health care at all. We want to be as certain as we pos- AMENDMENT NO. 3156 TO AMENDMENT NO. 2786 Basically, what Senator LAUTEN- sibly can be of the conditions under (Purpose: To provide for the importation of BERG’s amendment is going to do is which imported drugs are manufac- prescription drugs) modify the Dorgan amendment to tured, that they are safe to use and we Mr. LAUTENBERG. Mr. President, I allow reimportation but to do it when know where their ingredients origi- offer time to my colleague from New basic safety concerns to keep our pre- nated before they are imported. We Jersey, Senator MENENDEZ—up to 11 scription medications safe are com- want to be absolutely certain patients minutes. plied with. It includes the Dorgan im- are getting the prescription medica- The PRESIDING OFFICER. The Sen- portation amendment but adds one fun- tions that are the same in substance, ator from New Jersey. damental element of broader health quality, and quantity that their doctor Mr. MENENDEZ. Mr. President, I ap- care reform: It protects the American has prescribed. This amendment re- preciate my distinguished senior col- people from those who would game the quires the Secretary of Health and

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13225 Human Services to certify that all im- the difference. Or if it is Aricept, a Mr. LAUTENBERG. Mr. President, I ported drugs are safe and will reduce drug to slow the progression of Alz- ask unanimous consent that reading of costs before they are allowed into heimer’s disease, which one is the real the amendment be dispensed with. America’s medicine cabinets. one and which one is the counterfeit The PRESIDING OFFICER. Without I have heard a lot about the Euro- one? If I did not tell you from the la- objection, it is so ordered. pean Union here. Well, let’s look at bels, you probably would not know, but (The amendment is printed in the what the European Union is now say- there is an approved one and there is a RECORD of Thursday, December 10, 2009, ing. They are constantly being offered counterfeit one. As someone who lost under ‘‘Text of Amendments.’’) on the floor for the reason why, in fact, his mother to Alzheimer’s, I can tell Mr. LAUTENBERG. Mr. President, I we should follow what the European you that having the wrong drug in the rise today because one thing we have Union is saying. Well, let’s see what wrong dosage would not have helped to do as we progress with this health happens if we allow unregulated impor- her slow the progression of her illness. care reform bill is to make sure pre- tation. Let’s look at the European It makes a difference. scription medicine in our country is Union. Let’s look at others. Lipitor; very safe and affordable. I thank my col- Last week, the European Union Com- important. You are walking around league from New Jersey for his excel- missioner in charge of this issue said: with a real problem with cholesterol, lent review of the conditions that The number of counterfeit medicines arriv- and you think you are taking the ap- cause us to add this amendment to ing in Europe . . . is constantly growing. The propriate dosage and the appropriate Senator DORGAN’s amendment that European Commission is extremely worried. drug. But, as shown on this chart, would allow potentially unsafe pre- In just two months, the EU seized 34 mil- which is the real one and which is the scription drugs to be shipped across our lion— counterfeit one? There is a counterfeit borders and directly into the medicine Hear me: ‘‘million’’— one and there is an approved one, a real cabinets of homes throughout America. fake tablets at customs points in all member one, but if you are taking the counter- I want to be clear, the effect of this countries. This exceeded our worst fears. feit one and you think you are meeting plan Senator DORGAN has offered could I do not want American families to your challenges, you might have a be catastrophic. That is why President see those fears come to life here. I be- heart attack as a result of not having Obama’s administration has written to lieve that if we do not pass the Lauten- the real one. By the time you figure it the Congress expressing its serious con- berg amendment and if we were to pass out, it could be too late to reverse the cerns with the Dorgan amendment. the Dorgan amendment, we would open damage. That is the problem. That is I appreciate the efforts to try to the floodgates. The European Union’s the global economy opening up possi- lower prescription drug prices. After experience only proves my concerns, bilities at the end of the day. all, that is what we are doing with the not alleviates them as the other side Mr. President, I ask the Senator from whole health reform review—trying to would suggest. New Jersey for an additional minute. get costs reduced so everyone can have Here is the problem: a $75 counterfeit Mr. LAUTENBERG. Mr. President, I safe and affordable health care. We cancer drug that contains half of the yield 1 more minute to the Senator. want to make sure people do not harm dosage the doctor told you you needed Mr. MENENDEZ. Finally, this is a their health with any shortcuts. to combat your disease does not save gamble we cannot afford to take: To We all want Americans to stay Americans’ money and certainly is not open up the potential for these drugs— healthy and still have some money left worth the price in terms of dollars or or the ingredients used in these drugs— in their pockets. But as much as we risk to life. to find their way from nation to na- want to cut costs for consumers, we Let’s not now open our national bor- tion, from Southeast Asia, where the cannot afford to cut corners and risk ders to insufficiently regulated drugs problem is epidemic, to one of the 32 exposing Americans to drugs that are from around the world. It seems to me nations listed in this amendment and ineffective or unsafe. real health reform—particularly for then into the homes of American fami- The fact is, this is a matter of life our seniors and those who are qualified lies. That is a gamble we cannot take. and death. The European Commission under the Medicare Program who re- That is not about protecting our citi- just discovered that counterfeit drugs ceive their prescription coverage under zens. That is not about providing pre- in Europe are worse than they feared. that—comes by filling the doughnut scription drugs that ultimately meet In just 2 months—and I know Senator hole in its entirety, which we have de- the challenge of a person’s illness. Fill- MENENDEZ made reference to this as clared we will do in the conference, as ing the doughnut hole totally, which is well—the EU seized 34 million fake tab- we are committed to do, that provides what we are going to do, is the way to lets, including antibiotics, cancer for the coverage of prescription drugs achieve it. treatments, and anticholesterol medi- that AARP talks about on behalf of its So I do hope that is what we will do. cine. millions of members. That is what we I do hope we will adopt Senator LAU- As the industry commissioner of the want to see—not by unregulated re- TENBERG’s amendment and defeat the EU said: importation. Dorgan amendment, for I fear for the Every faked drug is a potential massacre. We should have no illusions, keeping safety of our citizens, and I fear as to Even when a medicine only contains an inef- our drug supply safe in a global econ- whether we can ultimately achieve fill- fective substance, this can lead to people omy, in which we cannot affect the mo- ing that doughnut hole if this amend- dying because they think they are fighting their illnesses with a real drug. tives and willingness of others to game ment, ultimately, gets adopted, and I the system for greed and profit, will be fear what that means for health care Americans buy medicine to lower a monumental but essential task. It reform at the end of the day. their cholesterol, fight cancer, and pre- will require a global reach, extraor- With that, Mr. President, I yield vent heart disease. Imagine what would dinary vigilance to enforce the highest back the remainder of my time and happen to a mother or a child if they standards in parts of the world that thank the Senator from New Jersey. start relying on medicine imported have minimum standards now, so we do The PRESIDING OFFICER. The Sen- from another country only to find out not have to ask which drug is real and ator from New Jersey. years later that the drug was a fake. which is counterfeit. Mr. LAUTENBERG. Mr. President, I Imagine the heartbreak that might Let me just show some examples of call up amendment No. 3156—it is at ensue if the medicine Americans were those. People say: Oh, no, this safety the desk—and I ask for its immediate taking was found to be harmful. The issue is not really the case. consideration. fact is that drugs from other countries Tamiflu. We saw a rush, when the The PRESIDING OFFICER. The have dangerously high counterfeit H1N1 virus came. People wanted to buy clerk will report. rates and importation could expose Tamiflu. As shown on this chart, which The bill clerk read as follows: Americans to those drugs. is the real one and which is the coun- The Senator from New Jersey [Mr. LAU- Under the Dorgan amendment, drugs terfeit one? There actually is one that TENBERG], for himself, Mr. CARPER, and Mr. would be imported from former Soviet is approved and one that is counterfeit, MENENDEZ, proposes an amendment num- Union countries where the World but the average person would not know bered 3156 to amendment No. 2786. Health Organization estimates that

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13226 CONGRESSIONAL RECORD — SENATE December 15, 2009 over 20 percent of the drugs are coun- I yield 5 minutes to my colleague the death of a University of Maryland terfeit. Under the Dorgan amendment, from North Carolina. pharmacologist, Carrie John. Ms. John drugs that originate in China could The PRESIDING OFFICER. The Sen- suffered an allergic reaction to a coun- find their way into our homes. We ator from North Carolina. terfeit version of a legal drug in the know that China has been the source of Mrs. HAGAN. Mr. President, I rise United States but purchased illegally many dangerous products in recent today to speak about drug reimporta- from the Philippines. Apparently, the years, from toys laced with lead to tion. With millions of seniors bal- counterfeit drug so closely resembled toothpaste made with antifreeze. ancing drug regimens that entail tak- the legal version that two pharma- If we are going to trust drugs from ing several medicines per day on a cologists conducting the analysis after other countries, we need to be abso- fixed income, I believe we need to find Ms. John’s death could not tell the dif- lutely certain we are not putting a way to ensure that they have access ference. Local police have yet to iden- Americans’ lives at risk. That is why to affordable drugs. If we could reduce tify the contents of the counterfeit the Food and Drug Administration the cost of drugs with reimportation drug. went on record to express its concerns and guarantee the safety of those A few of my colleagues have already with the Dorgan amendment. They say: drugs, I would be very supportive. How- mentioned the letter sent last week by There are significant safety concerns re- ever, I have serious doubts that we can FDA Commissioner Margaret Hamburg lated to allowing the importation of non-bio- adequately ensure the safety of our outlining the safety concerns the FDA equivalent products, and safety issues re- drug supply with the drug reimporta- has about reimportation. Specifically, lated to confusion in distribution and label- tion amendment proposed by my col- the FDA stated that importing non- ing of foreign products and the domestic league from North Dakota. FDA-approved prescription drugs posed product that remain to be fully addressed in Even without reimportation, the four potential risks to patients. Let me the amendment. United States has had trouble with go over those four risks. That is from the FDA Commissioner counterfeit drugs. At the height of the No. 1: The drug may not be safe and Margaret Hamburg. H1N1 epidemic this fall, the FDA was effective because it did not undergo the There are problems associated with warning consumers to be wary of coun- rigorous FDA regulatory review proc- the possibility of drugs coming to this terfeit H1N1 treatments. These coun- ess. country that are way different than terfeits came from foreign online phar- No. 2: The drug may not be a consist- that which is expected to be used in the macies. In one instance, the FDA ently made, high quality product be- treatment of sickness. seized so-called H1N1 treatment tablets cause the facility in which it was man- President Obama’s FDA Commis- from India and found them to contain ufactured was not reviewed by the sioner also wrote and said that import- talc and acetaminophen. Last month, FDA. ing drugs presents a risk to patients the Washington Post reported on a co- No. 3: The drug may not be substitut- because the drug may not be safe and ordinated global raid of counterfeit able with the FDA-approved product effective, may not have been made in a drugs from the United States to Europe because of differences in composition facility with good manufacturing prac- to Singapore. The United States dis- or manufacturing. No. 4: The drug could be contami- tices, and may not be the drug it covered about 800 alleged packages of nated or counterfeit as a result of inad- claims to be. fake or suspicious prescription drugs, In light of the serious concerns raised equate safeguards in the supply chain. including Viagra, Vicodin, and If the agency that oversees drug safe- by the Obama administration, I am of- Claritin, and shut down 68 alleged fering an amendment to require that ty is saying it would have difficulty rogue online pharmacies. guaranteeing the safety of our Nation’s the Department of Health and Human Counterfeit pharmaceutical drugs are drug supply with reimportation, I have Services certify that the drugs are safe appearing on the market at increas- grave concerns, particularly since the and will reduce costs before they are ingly alarming rates. In 2007, drugs FDA is already underfunded and under- imported. My amendment is a com- comprised 6 percent of the total coun- monsense bipartisan alternative to the staffed. terfeit product seizures. In 1 year, they But let’s take a moment to examine Dorgan amendment. In fact, it is the have now jumped to 10 percent of all exact same language as the Dorgan im- how Europe, which does allow re- counterfeit product seizures. importation, has fared in terms of safe- portation amendment, but with the This growing problem is all about un- certification requirement that is so im- ty. scrupulous criminals preying on the British authorities say counterfeit portant to ensure safety. sick and the elderly who are in des- drugs often exchange hands between If we are going to allow the importa- perate need of cheaper drugs. But the middlemen and are repackaged mul- tion of drugs from other countries, we consequences are harmful and, in some tiple times before reaching a legiti- have to be certain they are safe and af- cases, deadly. mate hospital or pharmacist. This cre- fordable. With this amendment, I Officials estimate that some of these ates opportunities for counterfeit prod- would be in support of the Dorgan counterfeit drugs contain either a dan- ucts, often produced in China and amendment. Only certification by gerous amount of active ingredients or shipped through the Middle East, to health experts will provide that assur- were placebos. Some counterfeits in- penetrate the European market. ance. I urge my colleagues to support clude toxic chemicals such as drywall The PRESIDING OFFICER. The Sen- my amendment and oppose the Dorgan material, antifreeze, and even yellow ator has used her 5 minutes. amendment. highway paint. Mrs. HAGAN. Mr. President, I ask We have no way of knowing what the According to a recent Washington unanimous consent for 3 additional working conditions might be like in a Post article, tracing the origins of minutes. plant or a facility, or the sanitary con- drugs such as Cialis and Viagra took Mr. LAUTENBERG. No objection. ditions, in other countries, or whether investigators across the globe and back The PRESIDING OFFICER. Without in the process of packing and shipping again. Supposedly these drugs came objection, it is so ordered. temperatures might not be appropriate from a warehouse in New Delhi, though Mrs. HAGAN. In 2008, British au- for the product to arrive without dete- the online company selling the drug thorities identified 40,000 doses of coun- rioration. Thusly, again, I stress— was headquartered in Canada and was terfeit Casodex, a hormone treatment bring in what you want, just make sure licensed to sell medicine in Minnesota. for men with advanced prostate cancer, it is safe for the people. There is no However, when Federal officials inves- and Plavix, a blood thinner. moment in the discussion we have had tigated the drug origins further, they More recently, the European Union about the health care reform bill that actually found that the online Web site seized 34 million fake tablets at cus- says, Look, you can save money by was registered in China, its server was toms points in all member countries. taking a chance on a shortcut here or hosted in Russia, and its headquarters In other countries around the world, a shortcut there. Absolutely not. We had previously been listed in Lou- the World Health Organization esti- wouldn’t think of proposing anything isiana. mates that up to 30 percent of the such as that, and we ought not to be On a local level near our capital, the medicines on sale may be counterfeit. proposing it here now. Baltimore Sun yesterday reported on As a result, numerous people have died.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13227 Earlier this year, 80 infants in Nige- Mr. President, if Senator DORGAN is DEPARTMENT OF HEALTH AND HUMAN ria died from teething medicine that here, then we are trying to accommo- SERVICES, FOOD AND DRUG ADMIN- contained a toxic coolant. In July, 24 date a colleague who wishes to speak ISTRATION, children in Bangladesh died from the on this. How much time is left on the Silver Spring, MD, December 8, 2009. Dorgan side? Hon. TOM CARPER, consumption of poisonous acetamino- U.S. Senate, phen syrup. The PRESIDING OFFICER. The Sen- Washington, DC. The Dorgan amendment does not re- ator from North Dakota has 28 minutes DEAR SENATOR CARPER: Thank you for quire imported drugs to be FDA ap- remaining. your letter requesting our views on the proved or meet FDA misbranding Mr. LAUTENBERG. Mr. President, amendment filed by Senator Dorgan to allow standards. Furthermore, it does not we heard about what is happening in for the importation of prescription drugs. the EU having to do with the question The Administration supports a program to prevent criminals in other countries allow Americans to buy safe and effective from repackaging imported drugs. of whether drugs are counterfeit and the serious consequences of having peo- drugs from other countries and included $5 Although our safety system is not million in our FY 2010 budget request for the perfect, we have a thorough FDA re- ple take medication that is not what it Food and Drug Administration (FDA or the view system for drug safety that ac- is supposed to be—the consequences of Agency) to begin working with various tively involves physicians, phar- something like that, especially inter- stakeholders to develop policy options re- macists, and patients. As a result, faced with other products. lated to drug importation. There was a news report last week Importing non-FDA approved prescription Americans can be generally confident that was printed in Yahoo News. They drugs presents four potential risks to pa- that our medications are safe and con- quote the Industry Commissioner of tients that must be addressed: (1) the drug tain the ingredients on the bottle. the European Union—the program in may not be safe and effective because it was Supporters of reimportation argue not subject to a rigorous regulatory review Europe that controls drug safety or at that the sick and elderly need an alter- prior to approval; (2) the drug may not be a least attempts to. We see that the Eu- consistently made, high quality product be- native way to obtain affordable drugs. ropean Union has expressed concern However, a study by the London School cause it was not manufactured in a facility about the situation they see there. The that complies with appropriate good manu- of Economics found that in the Euro- Commissioner, Mr. Verheugen, said he facturing practices; (3) the drug may not be pean Union, middlemen reaped most of expected the EU to take action to fight substitutable with the FDA-approved prod- the profits with relatively little sav- the menace of fake pharmaceuticals. uct because of differences in composition or ings passed down to the consumer. Then he said he thought the EU would manufacturing; and (4) the drug may not be Nothing in the Dorgan amendment re- agree, in 2010, that a drug’s journey what it purports to be, because it has been quires the savings to be passed on to contaminated or is a counterfeit due to inad- from manufacture to sale should be equate safeguards in the supply chain. the consumer, leaving the door wide scrutinized carefully and there will be In establishing an infrastructure for the open for unscrupulous, profit-seeking special markings on the packages. importation of prescription drugs, there are third parties to get into the reimporta- There is a lot of concern about this, two critical challenges in addressing these tion game. and we ought not to dash willy-nilly risks. First, FDA does not have clear author- In the United States, we are already through here without understanding ity over foreign supply chains. One reason trying to reduce the cost of prescrip- what the consequences of fake medica- the U.S. drug supply is one of the safest in tion drugs through the use of generics. tion might be. I wish to see our people the world is because it is a closed system This is one of the most effective ways under which all the participants are subject pay as little as they can to get the to FDA oversight and to strong penalties for for customers to reap savings, and the medicines they need. Part of that has failure to comply with U.S. law. Second, generic dispensing rate at retail phar- to include a safety factor. As I said ear- FDA review of both the drugs and the facili- macies is close to 65 percent. The FDA lier, we would not suggest anything in ties would be very costly. FDA would have to is already working with stakeholders the health reform bill that would take review data to determine whether or not the to develop drug reimportation policy. a shortcut and disregard safety. I have non-FDA approved drug is safe, effective, and With the FDA looking into this and a letter that was sent from the Depart- substitutable with the FDA-approved significant outstanding safety con- ment of Health and Human Services, version. In addition, the FDA would need to which I quoted a little bit ago. They review drug facilities to determine whether cerns, I cannot in good conscience sup- or not they manufacture high quality prod- port the amendment offered by my col- say the letter is being sent on the ucts consistently. league from North Dakota. Instead, I amendment filed by Senator DORGAN. The Dorgan importation amendment seeks will support the amendment offered by The administration supports this pro- to address these risks. It would establish an my colleague from New Jersey. The gram, which I agree to, to buy safe and infrastructure governing the importation of Lautenberg amendment will allow the effective drugs from other countries qualifying drugs that are different from U.S. importation of drugs only if the Sec- and included $5 million in our 2010 label drugs, by registered importers and by budget. individuals for their personal use. The retary of Health and Human Services amendment also sets out registration condi- certifies that doing so would save They go on to say—and this is from the Commissioner of Food and Drugs— tions for importers and exporters as well as money for Americans and would not inspection requirements and other regu- adversely affect the safety of our drug that: latory compliance activities, among other supply. Importing non-FDA-approved prescription provisions. While it is critical that all Ameri- drugs presents four potential risks to pa- We commend the sponsors for their efforts tients that must be addressed: (1) the drug to include numerous protective measures in cans, especially our Nation’s seniors, may not be safe and effective because it was the bill that address the inherent risks of have access to affordable drugs, it is not subject to a rigorous regulatory review importing foreign products and other safety imperative that we not compromise the prior to approval; (2) the drug may not be concerns relating to the distribution system safety of U.S. drugs on the market. consistently made, high quality product be- for drugs within the U.S. However, as cur- After all, what good are cheap drugs if cause it was not manufactured in a facility rently written, the resulting structure would they are toxic or ineffective? that complies with appropriate good manu- be logistically challenging to implement and Thank you, Mr. President. I yield the facturing practices; (3) the drug may not be resource intensive. In addition, there are sig- substitutable with the FDA-approved prod- floor. nificant safety concerns related to allowing uct because of differences in composition or the importation of non-bioequivalent prod- The PRESIDING OFFICER. The Sen- manufacturing; and (4) the drug may not be ucts, and safety issues related to confusion ator from New Jersey. what it purports to be, because it has been in distribution and labeling of foreign prod- Mr. LAUTENBERG. Mr. President, I contaminated or is a counterfeit due to inad- ucts and the domestic product that remain believe my colleague from North Da- equate safeguards in the supply chain. to be fully addressed in the amendment. kota intends to make further remarks. I ask unanimous consent that this We appreciate your strong leadership on How much time do we have on our side, letter, sent to Senator TOM CARPER, this important issue and would look forward please? from the Department of Health and to working with you as we continue to ex- The PRESIDING OFFICER. The Sen- plore policy options to develop an avenue for Human Services, be printed in the the importation of safe and effective pre- ator from New Jersey controls 13 min- RECORD. scription drugs from other countries. utes. There being no objection, the mate- Sincerely, Mr. LAUTENBERG. Thirteen min- rial was ordered to be printed in the MARGARET A. HAMBURG, utes. RECORD, as follows: Commissioner of Food and Drugs.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13228 CONGRESSIONAL RECORD — SENATE December 15, 2009 Mr. LAUTENBERG. Mr. President, I lent quantity. You get the same thing south Florida strip club. At one point will now suggest the absence of a for $40 in the UK or one-third of the it was stored in car trunks. Finally, it quorum and ask unanimous consent price. It is $32 in Spain, one-fourth the was prescribed and administered to that it be charged equally to both price. It is $33 in Canada. The Amer- this young man named Tim Fagan. He sides. ican people get to pay triple or quad- survived, but he was getting medicine The PRESIDING OFFICER. Is there ruple the price. By the way, it comes in with one-twentieth the necessary objection? these bottles. I ask unanimous consent strength for a serious disease that his Mr. GRASSLEY. Reserving the right to use the bottles. doctor intended for him. to object, Mr. President. You can’t do The PRESIDING OFFICER. Without Don’t talk to me about the issue of that to us because we only have 81⁄2 objection, it is so ordered. prescription drug safety. We are talk- minutes left on our side. Mr. DORGAN. They both contained ing about safety that doesn’t now exist Mr. LAUTENBERG. You have consid- Lipitor that is made in Ireland by an in the domestic drug supply, but safety erably more based on— American corporation. They have dif- standards are included in this amend- Mr. GRASSLEY. We only have 81⁄2 ferent colored labels, but they are ment. Every drug should have a pedi- minutes. made in the same plant, FDA approved, gree to track where it came from and, Mr. DORGAN. Mr. President, I ask and they are sent to different places— in every respect, between manufacture the Senator to withhold his request for this one to Canada and this one to the and consumption. There ought to be a quorum. United States. But we have the privi- batch lots and tracers for every drug. Mr. LAUTENBERG. Yes, I withdraw lege of paying triple the price. Sound There ought to be pedigree for the do- the request. fair? Not to me it doesn’t. mestic drug supply as well. Mr. DORGAN. Mr. President, back in Here is a sample. Boniva, for I wish to quote a former vice presi- the mid-1800s, when Lincoln and Doug- osteoporosis, is up 18 percent this year. dent of Pfizer Corporation, a prescrip- las were having their famous debates, Singulair, for asthma, is up 12 percent. tion drug manufacturer, Dr. Peter at one point Lincoln was exasperated Enbrel, for arthritis, is up 12 percent. Rost: because he could not get Douglas to Here is Plavix—the list goes on. Right now, drug companies are testifying understand something he was saying. The question is, Is there something that imported drugs are unsafe. Nothing He said to Douglas: Listen, how many we ought to do about this or should we could be further from the truth. legs does a horse have? Douglas said: say let’s pass health care reform and This is from a vice president of one of Four, of course. Lincoln said: If you ignore what is happening to the price the major drug companies—‘‘nothing call the tail a leg, how many legs of prescription drugs? This amendment can be further from the truth.’’ He was would he have? Douglas said: Five. Lin- I offered, along with Senators MCCAIN fired, to be sure. You can’t say that if coln said: There is where you are and GRASSLEY and other colleagues on you are working for a drug company. wrong. Simply calling a tail a leg this side—30 cosponsors—is all about Their business is to try to keep the doesn’t make it a leg at all. freedom for the American people. If pricing strategy the way it is. Yes, that is exactly what my col- this is a global economy, how about I might say, I don’t have a beef with leagues have done, suggesting the giving the American people the free- the drug industry. I have a beef with amendment we are offering is for un- dom to access identical prescription their pricing policy that says we will tested, unregulated drugs. It is not drugs, which we know are identical be- sell the same drug everywhere in the true. The only drugs we are talking cause we require safety if it doesn’t world at a fraction of the price we about are FDA-approved drugs that are even exist in our own supply. Those charge the American consumer. How do made at an FDA-inspected plant, part who talk about safety, I remind them you make that stick? By a sweetheart of a chain of custody equal to the U.S. 40 percent of the active ingredients in deal in law that says the American chain of custody. It is simply not true prescription drugs of the United States consumer cannot import the drug. The that we are talking about untested, un- come from India and China—from Spanish can import drugs from Ger- regulated drugs. That is not true. Sim- places that have never been inspected. many. The French can import drugs ply saying that doesn’t make it true. The Wall Street Journal did terrific from Italy. But the American con- Here is why we are on the floor of the expose about this. There were over 60 sumer is told you don’t have the free- Senate. We are reforming health care. people who died from Heparin in this dom to shop for that same FDA-ap- That is what the bill is. Part of health country. It was contaminated. Here is proved drug—approved because the care is prescription drugs. A lot of peo- where they were making it. This pic- place where it is produced is inspected ple take prescription drugs to keep ture was in the investigation. Here is a by the FDA, in a country with an iden- them out of a hospital bed. It manages rusty old pot being stirred with a limb tical chain of custody, but the U.S. their disease. Prescription drugs are from a tree. Those are active ingredi- consumer doesn’t have the freedom to very important. ents for American drugs. This guy is make that purchase. Here is what happened to the prices working with pig intestines—guts from If I might, Dr. Peter Rost, the same year after year. As you can see on this a hog. This old man here, with a wood- guy just I quoted, said: chart, the rate of inflation is in yellow en stick—it looks unsanitary doesn’t During my time responsible for a region in and the prescription drug prices are in it? That is the source of Heparin. These northeastern Europe, I never once—not red. This year alone, it is up 9 percent, are the photographs by the Wall Street once—heard the drug industry, regulatory at a time when inflation is below zero. Journal investigative reporter. They agencies, the government, or anyone else say Well, why do we want to be able to are telling us FDA-approved drugs this practice was unsafe, and I personally access the same FDA-approved drug coming from other countries, with a think it is outright derogatory to claim that where it is sold elsewhere at a fraction chain of custody identical to ours, the Americans would not be able to handle of the price? Because the American the reimportation of drugs, when the rest of would pose some sort of threat. Are the educated world can do this. people will pay in the next decade—if you kidding? You can make that we don’t pass this legislation—$100 bil- charge without laughing out loud? Dr. Peter Rost also said: lion in excess prescription drug prices. Let’s talk about the existing drug The biggest argument against reimporta- If you need to take Nexium for acid supply for a moment. This is a young tion is safety. What everyone has conven- iently forgotten to tell you is that, in Eu- reflux—maybe after this vote we will man named Tim Fagan. He was a vic- rope, reimportation of drugs has been in all need it. But if you are going to buy tim of counterfeit domestic drugs in place for 20 years. Nexium, it costs $424 for an equivalent this country—not imported FDA-ap- Hank McKinnell, a former Pfizer quantity in the United States. You can proved drugs. Do you know where this CEO, said: buy it for $41 in the UK, $36 in Spain— guy’s drug came from? Here is the re- but it is $424 here. Sound fair? Not to port done on that. It is made by Name an industry in which competition is allowed to flourish—computers, tele- me. Amgen. It went through all these communications, small package shipping, re- Lipitor is the most popular choles- places. It ended up at a place called tailing, entertainment, and I’ll show you terol-lowering drug in the world. It is Playpen, which is a south Florida strip lower prices, higher quality, more innova- $125 in the United States for an equiva- club—in a cooler in the back room of a tion, and better customer service. There is

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13229 nary an exception. OK, there is one. So far, ago. I am not part of any deal. I am not The clerk will call the roll. the health care industry seems immune to part of it. This deal is for the American The assistant bill clerk proceeded to the discipline of competition. people. call the roll. Nowhere is that more evident with We are going to pass some health Mr. DORGAN. Mr. President, I ask respect to pharmaceutical drugs. care legislation, and then we are going unanimous consent that the order for The question today is, Will we once to shuffle around with our hands in our the quorum call be rescinded. again offer a prescription drug impor- pockets, maybe thumbing our sus- The PRESIDING OFFICER. Without tation bill that will save consumers penders, sticking out our shined shoes, objection, it is so ordered. and the Federal Government $100 bil- and say: We did this all right. We feel Mr. DORGAN. Mr. President, I did lion; that contains safety standards really good about it, but we couldn’t do not speak about the letter from the that do not exist even in the domestic a thing about prescription drug prices. Food and Drug Administration. My col- drug supply; that will not pose risk We couldn’t do that. We didn’t have the leagues have described this letter, but, in fact, reduces risk, reduces support because the pharmaceutical in- which I said could have come out of a prices for the American people, pro- dustry wouldn’t let us. Oh, really? copying machine. A similar letter has vides fair pricing for American con- Maybe at last—at long, long last— come each time we consider this legis- sumers? Will we be able to vote for there will be sufficient friends on this lation. It is interesting to me that we that legislation that I and Senator vote on behalf of the American people export a lot of American jobs. All kinds MCCAIN, Senator GRASSLEY, Senator to say: We stand with the consumer. of jobs are leaving our country. Then STABENOW, Senator KLOBUCHAR, and so We are standing with the American we import contaminated wallboard, many others have brought to the floor consumers today. We like the pharma- children’s toys that kill kids. And, yes, of the Senate? The answer is, yes; we ceutical industry. We want them to that has happened. We import contami- are going to vote on that. produce prescription drugs. We want nated pet food and contaminated The question is, In the 7 days since I them to make profits. We just don’t toothpaste. We import 85 percent of the have offered this amendment, has the want them to charge us 10 times, 5 seafood into this country every day—85 pharmaceutical industry been able to times, 3 times, or double what is being percent of the seafood—and 1 percent is pry enough people away from this charged others in the world for the inspected, by the way. One percent of amendment because they are raising identical prescription drug because we that seafood is inspected. The rest is all kinds of issues of safety? don’t think it is fair to the American not. How many votes will we get? By the people. We import fruits and vegetables. I am way, the side-by-side amendment is a Mr. President, how much time re- wondering if the Food and Drug Ad- killer amendment. We will have a sec- mains? ministration is sending letters around ond vote. A lot of people will say: We The PRESIDING OFFICER. The Sen- with concern about the risk to health 1 will vote for the Dorgan amendment ator has 13 ⁄2 minutes. of fruits and vegetables and seafoods and then vote to nullify it by voting Mr. DORGAN. Mr. President, let me that are not inspected. for the Lautenberg amendment. at this point yield the floor. I suggest In many places, these products are Let me read the AARP letter which the absence of a quorum. I don’t know produced with insecticides and various was sent yesterday: whether the Senator from New Jersey things that would not be permitted in On behalf of the AARP’s nearly 40 million has other speakers. I believe we have a this country. I am wondering where the members, we urge you to support the Dor- couple other speakers who will be here. gan-Snowe importation amendment to . . . FDA’s letter is with respect to that. I suggest the absence of a quorum. I called the Food and Drug Adminis- H.R. 3590, the Senate health care reform leg- The PRESIDING OFFICER. The tration. I talked with the head of the islation. This amendment provides for the clerk will call the roll. safe, legal importation of lower-priced pre- FDA. I said: I understand there are ru- Mr. DORGAN. Mr. President, I ask scription drugs from abroad. CBO has scored mors around that you are going to send unanimous consent that the order for the amendment as saving taxpayers more a letter here. This was 24 hours before the quorum call be dispensed with. than $19 billion. the letter came. That is just for the Federal Govern- The PRESIDING OFFICER. Without objection, it is so ordered. The head of the FDA said: I know ment. There is much more for con- nothing of such a letter. sumers. Mr. DORGAN. Mr. President, I ask unanimous consent that the quorum My question is, Where did the letter We also urge you to vote against an alter- come from? Who prompted the letter? I native importation amendment proposed by call be charged against both sides. The PRESIDING OFFICER. Is there think I know. Senators Lautenberg, Carper, and Menendez. I find it interesting, I don’t see any- AARP strongly opposes this amendment be- objection? cause it includes the unnecessary addition of Mr. LAUTENBERG. Mr. President, body at the FDA sending letters here a certification requirement which is simply there was an objection to having the about the issue of safety on fruits, a thinly veiled effort to undermine importa- time equally divided expressed by the vegetables, and fish. They raise the tion and preserve the status quo of high drug Senator from Iowa before. issue of safety with respect to a drug prices. How much time is available on our importation bill which has the most So there it is. We are always told this side, Mr. President? specific and the most rigorous safety bill is a finely crafted piece; it is like The PRESIDING OFFICER. The Sen- standards not only for imported drugs embroidering with some sophisticated ator from New Jersey has 7 minutes. but for the existing domestic drug sup- colors. This is a finely crafted piece Mr. LAUTENBERG. Seven? ply, the kind of safety standards that and don’t mess with it because if you The PRESIDING OFFICER. Yes, 7 the pharmaceutical industry has ob- adopt your amendment, somehow the minutes. jected to for many years. whole thing is going to come apart. It Mr. LAUTENBERG. Mr. President, I, Mr. LAUTENBERG. Will the Senator is like pulling a thread on a cheap suit. too, have people who want to speak to yield for a question? You pull the thread and an arm falls the issue. If we can equally divide the Mr. DORGAN. Of course, I will be off. God forbid anybody should adopt quorum call, that is all right with me. happy to yield. an amendment such as this. I have no objection. Mr. LAUTENBERG. I know Senator Here we are 7 days after I offered this Mr. DORGAN. I believe the quorum DORGAN very well. He is a man of great amendment, and we have a cir- call will be momentary. We have peo- principle and skill, I might say. But I cumstance where we now have a side- ple coming to speak. If not, I will take say the list of aberrations, the lack of by-side in order to try to nullify it. We some additional time, as perhaps will care about the various products—the have had all kinds of dealing going on. the Senator from New Jersey. I suggest toys, wallboards, and food—I have had I have not been a part of it. I don’t the absence of a quorum and ask unani- a great interest in those items. It is in- know what the deals are. I don’t know mous consent that it be charged to all teresting that it is being suggested by what time they were consummated. sides equally. the Senator from North Dakota that is Somebody told me late last night. I am The PRESIDING OFFICER. Without an acceptable standard and we ought to like an old Senator who served long objection, it is so ordered. go ahead and continue it.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13230 CONGRESSIONAL RECORD — SENATE December 15, 2009 Mr. DORGAN. The Senator is not Mr. DORGAN. Mr. President, is it the preexisting conditions. It would pre- asking a question. I yielded to the Sen- case when a quorum call is requested it vent insurance companies from dis- ator for a question. If he would trun- is equally charged? criminating and capping coverage, and cate it, I would appreciate it. The PRESIDING OFFICER. No. it would require insurance companies Mr. LAUTENBERG. The question is Mr. DORGAN. Mr. President, I ask to renew policies as long as policy- whether, if you think that casual unanimous consent that the quorum holders pay their premiums. standard for bringing in food and other call be equally charged on both sides. I Let me just say a bit more, with a products is acceptable— suggest the absence of a quorum. little more precision, about premium Mr. DORGAN. Reclaiming my time. The PRESIDING OFFICER. Without costs. The Centers for Medicare & Med- Mr. LAUTENBERG.—therefore, we objection, it is so ordered. icaid Services, the Office of the Actu- ought to do the same with drugs? The clerk will call the roll. ary, confirmed this. They confirmed Mr. DORGAN. Reclaiming my time, The assistant bill clerk proceeded to that this legislation will cover 33 mil- the answer is self-evident by the ques- call the roll. lion Americans who are currently unin- tion. Of course, we would benefit from Mr. BAUCUS. Mr. President, I ask sured and will do so while significantly stricter standards for fish, vegetables, unanimous consent that the order for reducing Medicare costs and Medicaid and fruits. That was the point I was the quorum call be dispensed with. spending. Think of that. This legisla- making. But what we have done with The PRESIDING OFFICER. Without tion will cover 33 million Americans respect to importation of prescription objection, it is so ordered. who are currently not covered at the drugs is we have included batch lots Mr. BAUCUS. Mr. President, I would same time reducing Medicare and Med- and pedigrees and tracers that do not like to remind us why we are here— icaid costs. exist in the existing drug supply. Why? health care reform—and why health Don’t take my word for it. That is The existing drug supply does not have care reform is so important. I would the projection of the Chief Actuary of those provisions because they have like to go through the costs of inac- CMS. In addition, as I mentioned, the been objected to over the years by the tion, what the consequences are if we Chief Actuary says this will extend the pharmaceutical industry. do not pass health care reform. life of the trust fund for 9 years. Moreover, this legislation reduces We have put in place procedures that First of all, rising health care costs the cost to seniors, to a family, by $300 will make this safe. You cannot say the are wrecking the lives of Americans. In by 2019. Medicare Part B premiums, ac- same thing about fruits, vegetables, 2007, 62 percent of bankruptcies were cording to the Actuary, will be $300 and seafood, unfortunately. A lot of due to medical costs. This legislation lower than it otherwise would be. The work needs to be done there. But we do will help reduce the rate of growth of not bring a bill to the floor of the Sen- out-of-pocket costs would be, for a cou- health care costs. In fact, the Presi- ple—I think it is roughly $400. That is ate, a bipartisan group of legislators, a dent’s Council on Economic Advisers bill that would in any way injure or a total of about a $700 reduction for a and the President just announced couple in 2019. So a reduction in Medi- provide problems with respect to safe- today or yesterday there will be a 1- ty. care Part B premium costs and a reduc- percent reduction in national health tion in out-of-pocket costs. What we do is bring to the floor of care costs. CBO basically said this bill the Senate legislation that dramati- Essentially, the Actuary concludes, is deficit neutral, and it will have an and I will read the quote: cally enhances the margin of safety for effect on reducing health care costs. prescription drugs. But I understand, I The proposed reductions in Medicare pay- This bill will reduce health care costs. ment updates for providers, the actions of understand completely. If I were trying A Harvard study found, in addition, the Independent Medicare Advisory Board, to protect, and I were the drug indus- when people do not have health insur- and the excise tax on high-cost employer- try trying to protect billions, boy, I ance, they are more likely to be much sponsored health insurance would have a sig- understand the exertion of effort to try more ill. nificant downward impact on future health care cost growth rates. to protect that. Harvard found every year in America My only point is this: I have a beef lack of health insurance leads to 45,000 Again, a ‘‘significant downward im- with an industry that decides they are deaths. If Americans do not have pact on future health care cost growth going to overcharge the American peo- health insurance, it leads to 45,000 rates.’’ The Actuary says the bend in the cost curve is evident. The Actuary ple, in some cases 10 times more, in deaths in our country. That is intoler- also concludes that in 2019 health ex- some cases 5, double the price that is able. How can we in the United States penditures are projected to rise by 7.2 paid in other parts of the world for the of America—we pride ourselves as the percent with no change but 6.9 percent identical drug. I don’t think that is biggest, the strongest, the most moral under the proposal. That is, under the fair, and I don’t think we should allow country on the globe. How can we it to continue. The way to prevent it is proposal, health care costs will rise at allow 45,000 deaths just because some- a lower rate than they will if this legis- to give the American people the free- body does not have health insurance? dom—every European has that free- lation does not pass. People without health insurance have a In addition, this report shows how dom. 40-percent higher risk of death than Let me end with how I began. For health insurance costs for millions of those with private health insurance. somebody to come out here and say Americans will reduce premiums by 14 How does this bill affect Medicare? to 20 percent for people in the indi- this is about unregulated, untested According to the CMS Actuary, Medi- drugs is absolute sheer nonsense. It is vidual market. Actually, that was the care is projected to go broke in about Congressional Budget Office that not. We do not have to debate what the year 2017. CMS has estimated this words mean and what words say. That reached that conclusion and not the will actually extend solvency to the Actuary. The Congressional Budget Of- is not a debate we ought to take time year 2026. to have. All we have to do is read it fice has basically concluded that for 93 That is very important, Mr. Presi- percent of Americans premiums will be and then represent it accurately, which dent. It is an important message to has not been the case on the floor of lowered. For 93 percent of Americans seniors—that the Medicare trust fund premiums will be lower. the Senate, regrettably. solvency will be extended under this I yield the floor. It is true that for those who are em- I suggest the absence of a quorum. legislation for at least 9 more years, ployed—the five-sixths of persons who The PRESIDING OFFICER. The beyond 2017. I wish it were further, but now have health insurance—their pre- clerk will call the roll. that is a lot better than not extending miums would not go down a heck of a The clerk will call the roll. solvency—extending solvency for that lot, but they will start going down due The assistant bill clerk proceeded to period of time. to this legislation. For the 7 percent call the roll. The bill also would increase the per- whose premiums are not reduced, they Mr. DORGAN. Mr. President, I ask centage of people who have health in- get a better deal. That 7 percent will unanimous consent that the order for surance from about 83 percent to 94 have much higher quality health insur- the quorum call be rescinded. percent. That, too, is no small matter. ance than they now have, basically be- The PRESIDING OFFICER. Without Our legislation would reform the in- cause of no more denial of care for pre- objection, it is so ordered. surance market to protect those with existing conditions, market reform,

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Many of us know how small business provisions, too, that I plaining the phenomenon of geographic great that was. This is the biggest tax am quite certain will be in the man- variations in this country and why cut since 2001—this legislation. agers’ amendment. Greater incentives health care costs are much higher in I also want to discuss a couple other to the tune of about $12 billion to $13 some parts of America and much lower points. A lot of people say: Well, gee, billion for small businesses will be in in other parts of America, which is due some of this does not take effect for this legislation and will also be in the mostly to the way we pay health care several years. Let’s go through what managers’ amendment. providers and doctors in the system, takes effect right away, in 2010. What Moreover, what will take effect next therefore explaining the basic reason are the provisions that take effect year, not later, is we have closed the there is so much waste in the American right away? I will read the list. coverage gap for the Medicare drug health care system. The first is—the fancy term is benefit. Basically, that means we have Dr. Gawande published another arti- ‘‘pools’’—to help people with pre- closed the doughnut hole—we are start- cle in The New Yorker a week or 2 ago, existing conditions get access to health ing to close the doughnut hole. Seniors and in that article he basically says of insurance even before the actual denial pay very high prices for brand-name all the ideas that have been suggested of preexisting conditions kicks in. drugs if they are in that so-called by economists, by practitioners, by There is $5 billion of Federal support doughnut hole. We close it so that sen- providers, and people worried about the for higher risk pools providing afford- iors don’t have to pay those high prices rise of health care costs in America, all able coverage to uninsured persons anymore. of the ideas are in this legislation. with preexisting conditions. That takes There is public access to comparable They are all in here. All the ways to effect right away. information, more transparency, and I work to start to lower health care Second, reinsurance for retiree could go on and on and on. There are costs are in this legislation. health benefit plans. Basically, that many provisions which take effect He also says the pilot projects and means there is immediate access to right away and not at a later date. Mr. President, I believe that debate the demonstration projects in this leg- Federal reinsurance for employer plans is drawing to a conclusion on the four islation are good because you have to providing coverage for early retirees— matters under consideration. We may work a little bit, you have to experi- for ages between 55 and 64. Essentially, ment a little, you have to try this and be able to have votes as soon as 5:30. that means extra dollars are available I see my colleagues from Kansas and try that to see where bundling works for the outliers. That is a fancy term Iowa on the Senate floor, and I yield and see where it does not work. But the for saying the high-cost people in that the floor. provisions are there. age group—55 to 64. The PRESIDING OFFICER. The Sen- We can all be quite confident that In addition, we extend dependent cov- ator from Kansas is recognized. this administration is going to do its erage for young adults. Today, a young Mr. BROWNBACK. Mr. President, I level best to make sure these projects couple buys health insurance for them- ask unanimous consent to use 5 min- work—that is the bundling, the moving selves and their kids, and once the utes of Senator MCCONNELL’s time—the toward quality as a basic reimburse- child is 21 there is no more health in- Republican leader’s time. ment in the way of quantity. The ad- surance. We raise that level to the age The PRESIDING OFFICER. Without ministration is going to work very of 26 so that person can stay with the objection, it is so ordered. hard to make sure they work. I will family and have the family’s health in- Mr. BROWNBACK. Mr. President, I say, too, as chairman of the Finance surance. thank my colleagues for this oppor- Committee, the committee of primary Moreover, this legislation requires tunity to address the Lautenberg jurisdiction over these subjects, that that health insurers must provide pre- amendment and speak in favor of the we are going to have a lot of oversight vention and wellness benefits but no Lautenberg amendment. hearings next year because it is very deductibles and no cost-sharing re- I oppose the base bill. I oppose the much in the interest of the American quirements. That, too, will help quite a bill overall. I have spoken a number of people to make sure this legislation bit. That takes effect right away. times in opposition to the overall bill. works and works very well. Clearly, Moreover, right away, in 2010, the It is way too expensive, it cuts Medi- with aggressive oversight hearings legislation prohibits insurers from im- care, raises taxes, and inserts the fund- next year we can help make sure that posing annual and lifetime caps. Not ing of abortion, which is something we happens. later but right away there is a prohibi- haven’t looked at in 30 years. The Hyde One other point. This bill represents tion against insurers from imposing language has not allowed funding of a net tax cut, not a tax increase—a net annual lifetime dollar limits—a big abortion, and instead this does and tax cut for individuals, not a tax in- problem today. puts it in, and I think it will result in crease. Why do I say that? I say that Moreover, right away, this legisla- poorer health care for a number of because that is what the Joint Com- tion will stop insurers from nullifying Americans. mittee on Taxation says. What is the or rescinding health insurance policies But the issue I rise on today is on the Joint Committee on Taxation? It is a when claims are filed. Rescissions are a Lautenberg amendment, and in support committee, an organization in Wash- big problem today. In 2010, when this of the Lautenberg amendment. This is ington that serves both the House and legislation passes, no more rescissions an amendment we have seen in this the Senate. It serves Republicans and of health care policies. body four times previously over the Democrats. There is not one iota of Moreover, this legislation sets min- last 10 years. Each time the Lauten- partisanship in it. It is totally objec- imum standards for insurance overhead berg amendment has passed over- tive, very solid, very confident. They costs to ensure that most premium dol- whelmingly, and that is because of the are the outfit we rely on when we write lars are spent on health benefits, not safety concerns for drugs coming into tax legislation. costly administration or executive the United States. Basically, they say by the year 2019, compensation and profits. We also re- I would note that Secretary Sebelius, Americans will see a net tax cut of $40 quire public disclosure of overhead and Secretary of HHS—Health and Human billion, and that tax cut is equal to an benefit spending and premium rebates. Services—who before being named to average tax decrease of more than $440 That is right away. this position was the Governor of the per affected taxpayer. And for low- and What about small business persons— State of Kansas for 6 years, with whom middle-income taxpayers making less small businessmen? This legislation of- I worked over the years, through her than $200,000, this cut is even greater. fers tax credits to small businesses office has stated they cannot basically The average tax credit is equal to more with low wages to make covering their certify the safety of these drugs.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13232 CONGRESSIONAL RECORD — SENATE December 15, 2009 There is a letter that has been gone only if Secretary of Health and Human tive. What I want is for those compa- over in some depth and length from the Services, Secretary Sebelius in this ad- nies to continue to be developing drugs Food and Drug Commissioner saying ministration, as head of the FDA, can that will extend wellness and will con- that it is going to be very difficult for certify to Congress that prescription tinue to improve longevity. I want them to certify the safety of these drug importation will do two things: these products to be available more drugs. Yet what the Lautenberg No. 1, pose no additional risk to the reasonably, more cheaply—more amendment does is it says: OK, if you public health and safety; and, No. 2, re- affordably. can certify safety, and this is going to sult in a significant reduction in the I had an experience in my life—peo- reduce the price, then they can be ad- cost of covered products to the Amer- ple have heard me talk about this at mitted. ican consumer. The safety and cost times—whereby my father got cancer, That seems to make sense. That is savings certification amendment would was disabled with cancer when he was why 4 times over the last 10 years this restore this language. 42 years old. Our family was virtually body has passed the Lautenberg The Lautenberg amendment does bankrupt as a result of the cost for amendment, or an equivalent, and I that. This Congress must require a drugs and hospital services and physi- think that is appropriate. safety and cost savings certification cians, so I know how costly they are. I would also note there is a huge in- from the Secretary of HHS before open- My father had cancer then, and I have dustry in the United States—the phar- ing the floodgates of drug importation. seen what has happened now, with the maceutical industry—that is quite con- Requiring this certification is the re- opportunities for some optimism in sit- cerned about the safety and efficacy of sponsible way to ensure that American uations where cancer develops. We are what this bill would do in not allowing citizens will be protected from poten- looking to make these drugs more the safety of the drugs if you don’t pass tially life-threatening counterfeit, con- available, more affordable. a Lautenberg amendment. They are taminated, or diluted prescription The thing that strikes me, as we re- very concerned about that. And toward drugs. view where we are in the development that regard, I will read pieces of a let- As I mentioned, the Senate has voted of a new health plan or a reform of the ter sent to me by Kansas Bio. It is the on this previously four times, each existing health programs, and I hear Kansas Biosciences Organization. They time overwhelmingly adopting some- the criticism coming from people who sent this letter to me saying: thing like the Lautenberg amendment. have indicated they do not support On behalf of the members of Kansas Bio, As many of my colleagues may remem- more available health products, I think please accept this letter in opposition to ber, the safety and cost savings certifi- about what happens when votes come Senator Dorgan’s drug importation amend- cation was first signed into law when about that move the health care bill ment to the health care reform legislation the Senate passed the Medicine Equity along. There is absolute obstinacy that which may be voted on by the Senate. We be- and Drug Safety Act of 2000. During prevails with many of our friends on lieve that the promotion of drug importation is an extremely risky endeavor which threat- that debate, concerns were raised by the Republican side. ens the livelihood of one of Kansas’ fastest many in this body that drug importa- I look at what good, proper products growing bioscience industry sectors—the tion would expose Americans to coun- can do and the hope we have for child- service providers to our Nation’s and our terfeit and polluted prescription drugs. hood diseases that are so painful to see. world’s drug development and delivery com- To alleviate these well-documented We look for improvements in those— panies. fears, the Senate passed this second-de- whether it is autism or diabetes or KansasBio is an industry organization rep- gree amendment then unanimously. other conditions. We want desperately resenting over 150 bioscience companies, aca- To date, as noted earlier, no HHS for companies in this country of ours demic institutions, State affiliates, and related economic development organizations in Secretary has been able to certify that to continue to develop drugs to treat the State of Kansas, throughout the Kansas drug importation will not pose a sig- them—or companies anywhere. But City region. . . . Senator DORGAN’s amend- nificant health and safety threat. For when they come to this country we ment opens up the risk of allowing foreign those reasons, I support the Lauten- have to know they are safe because drugs that do not have FDA approval into berg amendment. there is nothing that can excuse the the United States and thereby posing signifi- I yield the floor. sacrifice of safety, for whatever dis- cant health and safety risks to the patients. The PRESIDING OFFICER. The time counts you might get on the product, It is signed by the president and CEO, of the Senator has expired. products that, as has been noted, can Angela Kreps, of KansasBio. The Senator from New Jersey is rec- kill you if they are the wrong formula I am ranking member on the Senate ognized. or contaminated product. Appropriations Subcommittee on Agri- Mr. LAUTENBERG. Mr. President, I Our differences between the Dorgan culture, Rural Development, and the think we have some time available. I and Lautenberg amendments boil down Food and Drug Administration, so I am wish to continue with some remarks. I to one word: safety. Knowing that keenly interested in the committee thank the Senator from Kansas for his when you open the bottle, that when structure in this issue. remarks and his concern also about the you take the liquid, you are not doing In addition, the University of Kansas efficacy and the safety of drugs that something or your children or your in my State, in addition to having the might reach our citizens. loved ones are not doing something top-ranked basketball team in the I listened carefully to the remarks of that harms their health. We owe them country, has the top-ranked pharma- my colleague from North Dakota. He that feeling of security and comfort as ceutical school in the country. They said the principal focus of our amend- they try to cure themselves from sick- are a part of KansasBio and concerned ment is to protect the profits of the ness or disease. That is what we are about the Dorgan amendment in place. drug companies. No, I want to protect looking at here. I hope my colleagues That is why they support things like the health and well-being of American will stand up and say no, don’t let the Lautenberg amendment which as- citizens. I look at an industry that has these products come in without the sure two things: that you have safety prolonged life expectancy, has made tightest scrutiny that can be devel- and that any value in this proposal is life more productive and pleasant for oped; without the most secure process passed along to the consumer. many whose disabilities may have of production and shipment that can be The FDA has been tasked with the them imprisoned in their homes. exercised. responsibility of safeguarding this We look at what has happened over I yield the remainder of my time. country’s prescription drug supply and the years, where treatment for condi- The PRESIDING OFFICER. Who has executed that responsibility, I be- tions such as malaria, polio, smallpox yields time? lieve, quite well. It would be unwise for were discovered, and antibiotics and The Senator from Montana. this body, then, to not value their chemotherapy have continued to be de- Mr. BAUCUS. Mr. President, I ask opinions in regard to this matter. The veloped, primarily by American drug how many minutes I have remaining. Lautenberg amendment counts on the companies. Those are the companies The PRESIDING OFFICER. The Sen- FDA expertise and proven track record that have the reputation for bringing ator has 15 minutes remaining. and permits legal importation of pre- the best products to market, the most Mr. BAUCUS. I yield 5 minutes to my scription drugs into the United States carefully scrutinized, and most effec- good friend from Iowa who I think is

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13233 going to be speaking against my posi- To come to any different conclusion health insurance, if this legislation tion but he is a good fellow so I think is saying that the data on this chart— passes. I don’t have to remind my col- he should have 5 minutes. and of course the professionals at the leagues of the importance of health in- Mr. GRASSLEY. This is typical of Joint Committee on Taxation—both surance. Insurance market reform that the comity of the Senate. I thank my are wrong. To come to any different lowers the cost of health care in this good friend for doing that. I have a lit- conclusion is saying the chart produced country, provides full coverage and, tle different view on some of the things by the Joint Committee on Taxation is equally important, begins to put in he said about taxes here. I respect him wrong. place delivery system reforms. That is giving me some time because we don’t I yield the floor. kind of wonkish, but it is one of the have time on this side. It is nice, his The PRESIDING OFFICER. The Sen- most important parts of this bill, start- doing that. ator from Montana. ing to change the way we pay doctors Republicans and Democrats are Mr. BAUCUS. How much time re- and hospitals, pay based more on qual- working off of the same data provided mains? ity rather than quantity, start putting by the Joint Committee on Taxation. The PRESIDING OFFICER. There is into effect different systems that sound For some reason my friends on the 11 minutes. kind of wonkish but will be important other side of the aisle seem to want to Mr. BAUCUS. On this side? Does any- over 3, 4, 5 years. It is bundling, group read this data selectively, so I wish to one have remaining time? homes. It is lowering the practice of look at this data. I want to stress this The PRESIDING OFFICER. The Sen- hospitals that readmit too quickly data is from the nonpartisan Joint ator from Idaho has 3 minutes. The Re- after a patient is discharged. Committee on Taxation. They are ex- publican leader has 31⁄2 minutes. The There are so many reforms here. I perts. They are nonpolitical people who Senator from North Dakota has 71⁄2 strongly urge everyone to keep their tell it like it is. minutes. The Senator from New Jersey eye on the ball. Insurance market re- My friends on the other side are cor- has 1 minute. form in this legislation, lowering costs rect in one thing: This bill provides a Mr. BAUCUS. Mr. President, I yield in this legislation, lowering taxes in tax benefit to a small group of Ameri- myself 5 minutes. this legislation, insurance coverage for cans. You can see right here that this The PRESIDING OFFICER. Without 31 million Americans who today do not benefit is to the people here where the objection, it is so ordered. have it, and starting to put in place minus sign is in front of the numbers. Mr. BAUCUS. I would like to make it payment reforms which will help get These numbers are in white. clear, essentially this legislation does As I pointed out previously, when this country on the right path so, after several things. This is the core part of several years, we have a health care you see a negative number on this this legislation. What is it? First, this chart, the Joint Committee on Tax- system we are all proud of, one that legislation very significantly reforms gets rid of all the waste we have in the ation is telling us these people are re- the health insurance industry, espe- ceiving a tax benefit. This income cat- country today. We pay $2.5 trillion a cially for people who individually buy year in health care, about half public egory—the income categories where insurance and also for people who buy you see these negative numbers begin and half private. People who study this for a small company and even buy in- say we waste as much as $800 billion a at zero and stretch to $50,000 for indi- surance for a large company. It is in- viduals and $75,000 for families. That year—not million, billion—in fraud, surance market reform. It stops insur- waste, dollars that don’t go directly to will be $50,000 to $75,000. I give my ance companies from, frankly, under- Democratic friends credit for being health care. This legislation starts to taking practices which are un-Amer- get a handle on that. It stops all the right on this part of the data. But I ican; that is, denying people coverage want to show you where I disagree with waste. You get a better handle on fraud based on preexisting conditions, deny- so after 2 or 3 years, we will have some- them and their choosing to overlook ing them health insurance because other parts of the data, the data I will thing we are very proud of. Let us re- they have some kind of preexisting mind ourselves, again, if we don’t pass soon refer to here on this chart. something—that is ridiculous—or say- When we see negative numbers on this legislation, we will rue the day we ing: You can’t have health insurance this chart, as I have said, the Joint didn’t because we will have to start all because you have some other health Committee on Taxation is telling us over again, 2 or 3 or 4 or 5 years from care status or saying: Sure, we will that there is a tax benefit. So, con- now, and the problem will be much give you a policy, then a month, 2 versely, where there are positive num- worse. The cost for families is going to months later, rescind it willy-nilly or bers—this will be an example of posi- be much greater, the cost to American putting in restrictive limits on what tive numbers—the Joint Committee on businesses much greater. Our budgets the company will pay during your life- Taxation is telling us these taxpayers are going to be in much worse shape, time or what the company might pay are seeing a tax increase. Those num- Medicare and Medicaid. This legisla- bers I have already pointed to begin at in health insurance benefits for a year. tion extends the solvency of the Medi- In addition, this legislation reforms $50,000 for an individual and go up to care trust fund for another 9 years. what are called rating provisions that $200,000 for an individual. Remember the bottom line, remem- When we see a positive number, then, States have. States basically allow ber the basics. Let’s not get too caught it is the reverse. The Joint Committee companies to charge whatever they up in the details of the weeds and get on Taxation is telling us these tax- want, if you are a little older compared distracted by a lot of stuff that is not payers are in fact seeing tax increases. to if you are younger, if you are a the core of this bill. The provisions I So if we see positive numbers for indi- woman compared to a man. There are outlined are compelling reasons why viduals making more than $50,000 and lots of different ways States allow in- this legislation must pass and why it we see positive numbers for families surance companies to charge based would be so good for America. making more than $75,000, it is just upon different categories. So, No. 1, in- I reserve the remainder of my time. this simple: We know these people’s surance market reform. This legisla- The PRESIDING OFFICER. The Sen- taxes are going to go up. tion stops some outrageous practices ator from Idaho. The Joint Committee on Taxation is that insurance companies practice Mr. CRAPO. I ask unanimous consent telling us that taxes for these individ- today. to use the remainder of my time as uals, once again, for a third time, will No. 2, this legislation begins to get well as that of the Republican leader. go up under this 2,074-page Reid bill. control over health care costs. We have The PRESIDING OFFICER. Without These individuals and families are to start to get control over health care objection, it is so ordered. making less than $200,000. What is sig- costs. This legislation does so. It also Mr. CRAPO. Mr. President, I would nificant about less than $200,000 is that is deficit neutral. It does not cost one like to respond to a couple of the this violates what the President prom- thin dime for us to enact this legisla- points made about whether this bill ised in his campaign, that individuals tion. It is all paid for. It provides truly does address what the American who are middle class, under $200,000, health insurance coverage. About 31 people are asking it to address. If you are not going to see one dime of tax in- million Americans who currently do ask most people in America what they crease. not have health insurance will have want out of health care reform—and

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That un- the proponents of this legislation that The matter we will be voting on in a derscores the hypocrisy of U.S. drug this bill accomplishes those objectives, few minutes is my motion that would companies in opposing the Dorgan but let’s look at exactly what the Con- address the tax side of the bill. All it amendment. gressional Budget Office has told us on says is: Let’s change the bill to comply This is about importing drugs from the core issue; namely, what is going with the President’s promise; namely, countries such as Canada and Germany to happen to your insurance premiums that people making less than $200,000 a and Australia and New Zealand and if this bill is passed. year or $250,000 as a couple would not Japan, countries with highly developed What the Congressional Budget Of- pay more taxes. What we found from drug safety regimes. Patients in Eng- fice very clearly said, which is also the Joint Tax Committee is, 73 million land and France and Germany and New backed by 7, 8, 9 or 10 other studies Americans in that category will pay Zealand and Canada have the same pro- from the private sector as well as the more taxes. In fact, it is not 73 million tections we do. I have been in drug- Joint Committee on Taxation and Americans, it is 73 million American stores in Canada just 2 hours from To- backed by the Chief Actuary for the households who will pay more taxes ledo, less than that, and you see the Center for Medicare and Medicaid Serv- and see a tax increase under this bill same drug and the same dosage, the ices, is that for at least 30 percent and and not just a small one. It is massive, same packaging, the same company the most vulnerable people in America, hundreds of billions of dollars of new making them. In Canada, it is 35 to 55 if you are looking at whether your in- taxes that will be imposed by this bill. percent lower than in the United surance premiums are going to go up or In response, the proponents of this States. One drug, the cholesterol-low- down, they are going to go up, not bill say: But this bill is a tax cut. The ering drug Lipitor, is $33 in Canada, $53 down. If you are a member of the 17 only way they can say this bill is a tax in France, $48 in Germany, $63 in the percent of Americans who get your in- cut is by looking at the subsidy that is Netherlands, $32 in Spain, $40 in the surance in the individual market, your going to be provided as a tax cut. It is United Kingdom. Same packaging, insurance is going to go way up. In called a refundable tax credit, although same company, same dosage, same fact, it is going to go up by as much as three-fourths of it, 73 percent to be ac- drug is $125 in the United States We 10 to 13 percent in addition to what it curate, goes to people who do not pay pay more, even though, in most cases, would have gone up without the bill. If taxes. Yet it is called tax relief because these drugs are either manufactured in you are someone who gets your busi- it is administered through the Tax the United States or developed, in ness from small groups, from a small Code and is described as a refundable some cases, by U.S. taxpayers, devel- group market, your insurance costs are tax credit. The CBO gets this and oped certainly in the United States for going to go up from 1 to 3 percent. If Americans get it. The Congressional Americans, but we pay two and three you are one of the Americans who is Budget Office says these aren’t tax times more. able to get your insurance in the large cuts. This is spending, and it is scored A 2009 Consumer Reports survey group market, then you can basically that way by the CBO as it analyzes the found that due to high drug prices, one expect that the bill will have no sig- bill. The only way you can say this bill out of six consumers failed to fill a pre- nificant impact on you. There is a pos- involves these kinds of tax cuts is if scription, one out of six consumers sibility of a slight reduction, but the you say that a provision that will sim- skipped doses. potential is, it is going to have no im- ply result in the payment of a check by Mr. President, 23 percent of con- pact at all. the Federal Government to an indi- sumers cut back on groceries. They What does the bill do? For 17 percent vidual who has no tax liability to as- choose between do I get my groceries of Americans in the individual market sist them with their health care costs or pay for this drug? Consumer after and for 13 percent of Americans in the is a tax cut. Let’s accept that. consumer will cut their pill in half and small group market, it clearly makes Even in that case, only 7 percent of take one part today and one part the your health care premiums go up. For Americans qualify for that subsidy, next day, which is not what their doc- those who are in the remainder of the and the rest qualify for the tax in- tor says they should do. We know this market, it basically doesn’t achieve creases. To say the President’s promise is not good for Americans’ health. We the objective of health care reform— was that I will not cut your taxes more know this is not good for Americans’ and at what price? We often hear we or I will not increase your taxes more pocketbooks. We know this is not good need to bend down the cost curve. As I than I will cut someone else’s taxes for taxpayers. It is not good for small have indicated, this legislation doesn’t and, by the way, I will call a direct business. It is not good for big busi- bend down the cost curve Americans subsidy a tax cut, is not exactly what ness, large American companies that are talking about; namely, the price of I think the President meant. It is not are paying the freight, that are paying their health care or their health insur- what the American people thought he these costs. American consumers and ance. What does it do with regard to meant when he said Americans making taxpayers and businesses are suffering the Federal Government? It is going to less than $200,000 or $250,000 as a family from these high costs. increase the cost to the Federal Gov- would not pay more taxes under this Pharmaceutical companies hike up ernment on health care by $2.5 trillion bill. prices, rake in massive profits. They in a massive new entitlement program. My proposal simply says send this are one of the three most profitable in- So that price curve is not bent down. bill back to the Finance Committee. dustries in this Nation and have been Then what are we left with? Some They can turn it around quickly, if for decades. The pharmaceutical indus- say the deficit will go down under this they want to. Have them take out the try, in 2008, recorded sales in excess of bill. There is only one way the deficit provisions that violate the President’s $300 billion, with a 19-percent profit can go down under this bill; that is, if pledge on taxes. margin. This is in a bad year—a bad you take away the budget gimmicks, I retain the remainder of my time. year for most of us in this country, in massive tax increases, and massive The PRESIDING OFFICER. The Sen- 2008. In the last year alone, the brand- Medicare cuts. But I will just talk ator from North Dakota. name prescription drug industry raised about the budget gimmicks because of Mr. DORGAN. I yield 3 minutes to their prices by more than 9 percent. a lack of time. The spending side of the Senator from Ohio. I ask my colleagues to support the this bill is delayed for 4 years. The tax- Mr. BROWN. Mr. President, I rise in Dorgan amendment. ing and cutting Medicare side of the support of the Dorgan amendment on The PRESIDING OFFICER. The Sen- bill is implemented on day one. So we reimportation. This is not about im- ator’s time has expired. have 10 years of tax increases to offset porting drugs from China or India or The Senator from Montana.

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There is a competing amendment lation to the amendments and motion The other thing I have heard a lot that nullifies it, that simply says all specified in the order of December 14 about on the floor—and the Senator this is going to go away and we are regarding H.R. 3590; that prior to each talked quickly about it—is the chain of done with this bill and nothing has vote, there be 2 minutes of debate, control, which I drove here for 19 days happened to put the brakes on prescrip- equally divided and controlled in the with my family through Canada, and 5 tion drug prices. usual form; that after the first vote in days we bought some drugs when I had I hope my colleagues will stand with the sequence, the succeeding votes be a cold, but I am still here. I am stand- me and with the American people say- limited to 10 minutes each; further, ing. I am healthy. Remind me of that ing: We support fair drug prices for the that all provisions of the December 14 chain of control for these drugs and American people. That is what we are order remain in effect. where they are produced. going to vote on in a few minutes. The PRESIDING OFFICER. Is there Mr. DORGAN. I would say to the Sen- I appreciate the questions from the objection? ator from Alaska, these prescription Senator from Alaska. Without objection, it is so ordered. drugs would be able to be reimported Mr. BEGICH. Thank you, Mr. Presi- The Senator from North Dakota. from Australia, New Zealand, Japan, dent. And I thank the Senator from Mr. DORGAN. Mr. President, some and the European countries that have North Dakota for allowing me these issues we deal with here in the Senate identical chains of custody to our questions and again clarifying for my are unbelievably complicated. This one chain of custody so that there is safe- residents in Alaska how important this is not. This is painfully simple, the ty. bill is. Thank you. question of whether the American peo- It is also the case that we are in poli- The PRESIDING OFFICER. The Sen- ple should be charged and continue tics, so the floor of the Senate is the ator’s time has expired. paying the highest prices in the world place of a lot of tall tales. I understand The Senator from Montana. for brand-name prescription drugs—my that. I have been in politics for a long Mr. BAUCUS. Mr. President, par- amendment says no—from other coun- time. liamentary inquiry: The order that was tries in which there is a safe chain of Mr. BEGICH. Yes, I have learned that just entered provided for 2 minutes, custody that is identical to ours. The as a new Member. equally divided, before, I suppose, the American people ought to have the Mr. DORGAN. But early on, one of vote on each of the amendments. Is freedom to shop for those lower priced my colleagues said this is about un- that in addition to or is that a part of FDA-approved drugs that are sold tested, unregulated drugs coming from, the time that has been allocated to there at a fraction of the price. oh, parts of the Soviet Union. That is Senators? I especially wish to thank Senator so unbelievable. It is not describing the The PRESIDING OFFICER. In addi- BEGICH from Alaska for his work. This amendment I have offered. We are talk- tion to. is bipartisan, with a broad number of ing about a chain of custody that is Mr. BAUCUS. I thank the Chair. Democrats and Republicans working on identical to the United States. When The PRESIDING OFFICER. The Sen- this importation of prescription drugs that is the case—if it is the case—why ator from Montana has 5 minutes re- bill, giving the American people the would the American people not have maining. freedom to acquire lower priced drugs. the freedom to acquire that same drug Mr. BAUCUS. So, Mr. President, if Senator BEGICH has been a significant when it is sold at one-tenth the price, the Senator from Montana wishes to part of that effort. I want to say one-fifth, one-third, or one-half the speak on his amendment, he has 5 min- thanks to him for his work on this price? Why not give the American peo- utes, plus 2 minutes. amendment. ple that freedom? The PRESIDING OFFICER. Five The PRESIDING OFFICER. The Sen- Mr. BEGICH. The Senator from minutes plus 1 minute. ator from Alaska. North Dakota and I have just one last Mr. BAUCUS. Excuse me. The time is Mr. BEGICH. Mr. President, if I could question. Even though we did not ask equally divided. Thank you. ask a question of the Senator from for a colloquy, this is kind of a col- Mr. President, I just want to make it North Dakota. loquy, and I appreciate the back-and- as clear as I can that the Congressional I say to the Senator, I appreciate his forth. Budget Office essentially says that pre- comments, and I think he is right. Of This is one reason I support this miums will go down for about 93 per- all the complexity of this bill, this bill—not only today but many months cent of Americans. I say that because I seems so simple. I know when I was ago—for all the reasons the Senator think my good friend from Idaho was mayor, we worked on this issue. It just laid out. The control is there. The leaving a different impression. seems logical for Alaska. Since we bor- protection to the consumer is there. But let me just summarize what CBO der so much of Canada, it seems logical The savings to the consumer and the says. I would put a chart that CBO pro- to do what we can in this arena. taxpayer are enormous, as we deal with vided in the RECORD, but under the I know the Senator stated these com- these issues. If there is one thing I Senate rules we cannot put charts in ments before, but I think it is impor- have heard over and over through e- the RECORD. So I am just going to sum- tant for especially my viewers who are mails and correspondence to my office, marize what this chart says. now watching from Alaska, with the 4- it is: Help us save on prescription OK. Seventy percent of Americans hour difference. But the Senator talked drugs. will get their health insurance in what about the savings. There are savings to To emphasize that point once more, is called the large group market. That the taxpayers that are very clear, and to make sure I have the numbers right, is people who work for larger employ- there are savings to the consumer, over 10 years, between the Federal Gov- ers—70 percent. CBO said for that 70 which is even more significant. Can the ernment and the consumer, it is over percent of Americans, premiums will Senator remind me what those num- $100 billion. go down a little bit. It will be about a bers are? I think I have them. I want to Mr. DORGAN. Mr. President, the sav- 3-percent reduction in premiums. be sure, as I talk about this bill. ings is over $100 billion. Look, I want The next group of Americans getting Mr. DORGAN. Mr. President, this the pharmaceutical industry to do health insurance are in what is called amendment will save $100 billion in 10 well, to make profits, to make pre- the small group market. Those are peo- years, nearly $20 billion for the Federal scription drugs. I just want fair pricing ple in small companies, small busi- Government and nearly $80 billion for for the American people. I do not have nesses, primarily. That is where 13 per- the American consumers. a beef with the industry. I want them cent of Americans get their insurance. Mr. BEGICH. That is what this to do well. I want them, however, to CBO says for that 13 percent, maybe health care bill is about, not only get- give the American people a fair price the premiums will go up between 1 per- ting good-quality care but also finding because we are paying the highest cent or down 2 percentage points over- those opportunities, as we just heard prices in the world for brand-name pre- all. But for those folks, those small one Senator talk about, bending that scription drugs, and I think it is flat businesspeople who get tax credits—

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According to the anal- percent. reject this procedural maneuver de- ysis by the Joint Committee on Tax, That is, for 13 percent of Americans signed to kill the tax cuts in this this legislation increases taxes by a 3 who have insurance, their premiums health care bill. to 1 ratio on people making less than will go down 8 to 11 percent, among That is what my side-by-side amend- $200,000 a year, in other words for every those who have credits. ment says—that is going to be the first one individual or family that gets the Let’s look at what is called the amendment voted on—and that is, let’s tax credit, three middle-income indi- nongroup market, the individual mar- vote to keep our current tax cuts. I viduals and families are taxed. Roughly ket. That is 17 percent of Americans. urge a positive vote on my amendment 42 million individuals and families, or For those folks, if you compare their and a ‘‘no’’ vote on the Crapo motion, 25 percent of all tax returns under current insurance with what they will which eliminates the tax cuts, which is $200,000 will, on average, pay higher have in the future, those premiums will not what I think most Americans want. taxes under this bill, even with the tax go down 14 to 20 percent—down 14 to 20 So I urge my colleagues to vote for the credits factored in. percent—according to CBO. side-by-side amendment. There are only about 17,000 Mis- In addition, though, CBO says that Mr. President, I yield the floor. sissippi tax filers who earn more than persons who have tax credits—we are The PRESIDING OFFICER. Under $200,000, so we are looking at over 2.5 talking now about the individual mar- the previous order, there will be 2 min- million people who earn less than ket—those people will find, on average, utes of debate equally divided prior to $200,000 and could easily be forced to their premiums will go down 56 to 59 a vote on the Baucus amendment. pay higher taxes. This legislation will percent. Remember, 17 percent of Who yields time? affect a large majority of our tax base. Americans buy insurance individually. The Senator from Mississippi. Tax spending as proposed in the leg- Of that 17 percent, 10 percent, because Mr. COCHRAN. Mr. President, the islation before us provides credits for of tax credits in this bill, will find their legislation that we are discussing health insurance to individuals and premiums go down 56 to 59 percent. today, the Patient Protection and Af- families between 100 percent and 400 The 7 percent that are remaining—re- fordable Care Act, could have a pro- percent of the Federal poverty level, member I started off by saying for 93 found impact on the United States for FPL. For example, a family at 100 per- percent, there will be a reduction. The decades to come. I am especially con- cent of the Federal poverty level can 7 percent remaining will find that be- cerned about the tax implications of pay no more than 2 percent of their in- cause of better benefits, their pre- the legislation. We need to take a thor- come on premiums, and the govern- miums will go up 10 to 13 percent, but ough look at these tax provisions be- ment would pick up the rest of the they will have a lot better benefits. fore approving this legislation. cost. Although this furthers the goal of They will have a lot higher quality in- It is plain to see that if you have in- trying to get everyone insured, only 7 surance than they have today. Frank- surance, you get taxed; if you don’t percent of Americans will be eligible ly, my judgment is, the higher quality have insurance, you get taxed; if you for a tax credit and 91 percent of Amer- insurance they have, because of this need prescription drugs, you get taxed; icans will experience an increase in legislation, will outweigh the increase if you need a medical device, you get taxes. This hardly seems like a solu- in the premiums. taxed; if you have high out-of-pocket tion. But anyway, for 93 percent, pre- health expenses, you get taxed. Every- The health care industry, including miums will go down. one gets taxed under this proposal. many small businesses in my state, AMENDMENT NO. 3183 This legislation also changes the core would be subject to fees imposed by Mr. President, let me speak a little principle of Social Security and Medi- this legislation. Health insurance com- bit on my amendment which, as I un- care financing, a model called ‘‘social panies that administer a self-insured derstand it, is going to be the first insurance.’’ Since Social Security was policy on behalf of employers would be amendment voted on. created in the 1930s and the Medicare subject to fees imposed on the indus- I remind my colleagues that the un- Program in 1965, payroll tax revenues try. This $6.7 billion annual fee will underlying legislation is a tax cut bill. It have been dedicated to financing these doubtedly be passed on to consumers. cuts taxes. It cuts taxes very signifi- programs. In current tax law, all fund- This legislation imposes a nondeduct- cantly. Over the next 10 years, for ex- ing from the Medicare payroll tax fi- ible $2.3 billion fee on manufacturers of ample, this bill will provide Americans nances the Medicare Program. This prescription drugs, which is an example with a $441 billion tax cut to buy legislation proposes to increase the of yet another fee that will be passed health insurance—$441 billion in tax hospital insurance portion of the pay- on to consumers. credits to buy health insurance. Cred- roll tax on wages from 1.45 percent to Medical device manufacturers will be its are tax reductions. 1.95 percent and uses the revenues to on the hook for $2 billion in annual In the year 2017, taxpayers who earn fund programs outside of Medicare. If fees. Again, this will be passed on to between $20,000 and $30,000 a year will this proposal becomes law, future Con- consumers. see an average tax cut of nearly 37 per- gresses will have the ability to take Of additional concern is the ‘‘free- cent. These are people who have a hard payroll tax revenues and use them for rider’’ penalty for employers with more time making ends meet. People who highways or defense or other nonsocial than 50 employees that do not offer earn between $20,000 and $30,000 will see insurance spending. This will be a seri- health insurance coverage. These em- an average tax cut of 37 percent. That ous precedent, a long-term game- ployers would be required to pay a fee is according to the Joint Committee on changer in how we finance our govern- for each employee. Businesses that pay Taxation. ment, and I do not think it is wise to any amount greater than $600 to cor- In addition, 2 years later, the average do this today. porate providers of services would have taxpayer making less than $75,000 a Additionally, individuals who fail to to file an information report with the year will receive a tax credit of $1,500. maintain government-approved health IRS, adding further regulatory burdens Just to repeat, the average taxpayer insurance coverage would be subject to on business and on an agency that does making less than $75,000 a year will re- a penalty of up to $2,250 in 2016. This not traditionally deal in health care. ceive a tax reduction—a tax credit—of individual mandate tax is regressive According to a recent study, taxes in more than $1,500. and will largely be strapped on the this proposal will place approximately The Crapo motion to commit is real- backs of those who can least afford 5.2 million low-income workers at risk ly an attempt to kill health care re- such a penalty. of losing their jobs or having their form. It is, thus, a plan to keep Ameri- Analysis by the Joint Committee on hours reduced. An additional 10.2 mil- cans from getting these tax cuts. I Taxation reveals that while a rel- lion workers could see lower wages and

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13237 reduced benefits. Why would we want Mr. President, I would like to see our Burris Hatch Nelson (FL) to put people at risk of losing their Nation’s health system reformed, but Cantwell Hutchison Pryor Cardin Inhofe Reed jobs? A small business owner in my these reforms cannot be on the backs Carper Inouye Reid State told me that 8 percent of his in- of individuals and businesses that we Casey Isakson Risch come goes to pay for health insurance need to succeed. Reform should not add Chambliss Johanns Roberts Coburn Johnson for his employees. If this amount is in- to the already high costs of doing busi- Rockefeller Cochran Kaufman Sanders Collins Kerry creased, he will be forced to reduce the ness. Schumer Conrad Kirk size of his staff. Why would we want to The PRESIDING OFFICER. The Sen- Sessions Corker Klobuchar hurt small businesses at a time like ator from Idaho. Cornyn Kohl Shaheen this? Mr. CRAPO. Mr. President, I will just Crapo Kyl Shelby We all remember President Obama’s take 1 minute on this, and then I think DeMint Landrieu Snowe Specter campaign promise that he would not we will probably be ready to vote. Dodd Lautenberg Dorgan Leahy Stabenow raise taxes on families earning less Again, I think there are two con- Durbin LeMieux Tester than $250,000 a year. The Joint Com- trasting amendments here. The Sen- Ensign Levin Thune mittee on Taxation conducted an anal- ator from Montana has indicated that Enzi Lieberman Udall (CO) ysis that shows that in 2019—when the my motion, which would simply ask Feingold Lincoln Udall (NM) Feinstein McCain Vitter bill is in full effect—on average indi- the Finance Committee to make this Franken McCaskill Voinovich viduals making over $50,000 and fami- bill comply with the President’s Gillibrand McConnell Warner lies making over $75,000 would have pledge, would somehow kill the bill— Graham Menendez Webb Grassley Merkley seen their taxes go up under this legis- that is not at all true—and, secondly, Whitehouse Gregg Mikulski Wicker lation. In other words, 42 million indi- Hagan that it would stop the tax relief in the Murkowski Wyden viduals and families earning less than bill that the Senator from Montana has Harkin Murray $200,000 would pay higher taxes. identified, the refundable tax credits. NAYS—1 Arguably millions more middle-class The bottom line is, my amendment Nelson (NE) families and individuals could be hit does not even address the refundable NOT VOTING—2 with a tax increase from the health tax credits. They remain in the bill. Byrd Lugar care industry ‘‘fees’’ or taxes proposed. All my amendment does is say: Let’s According to testimony of the Congres- have the President’s pledge to the The PRESIDING OFFICER. On this sional Budget Office before the Senate American people honored in this legis- vote, the yeas are 97, the nays are 1. Finance Committee, these fees would lation. Let’s take out the taxes that 73 Under the previous order, requiring be passed through to health care con- million American households will pay 60 votes for the adoption of the amend- sumers and would increase health in- under this legislation—hundreds of bil- ment, amendment No. 3183 is agreed to. Mr. BAUCUS. Madam President, I surance premiums and prices for health lions of dollars of new taxes. care-related products. If the President move to reconsider the vote, and I The PRESIDING OFFICER (Mrs. move to lay that motion on the table. signs this legislation in its current SHAHEEN). The Senator’s time has ex- form, he would break his pledge not to The PRESIDING OFFICER. Under pired. the previous order, the motion to re- raise taxes on people making less than The Senator from Montana. consider is considered made and laid $250,000 a year. Mr. BAUCUS. Madam President, es- My distinguished friend from Idaho, upon the table. sentially, the Crapo motion to commit MOTION TO COMMIT Senator CRAPO, offered an amendment the underlying bill, the pending bill, is in the Senate Finance Committee The PRESIDING OFFICER. Under to the Finance Committee to take out the previous order, there will now be 2 markup providing that ‘‘no tax, fee or all the tax cuts. That is what it is, so penalty imposed by this legislation minutes of debate equally divided prior I oppose it. to a vote in relation to the Crapo mo- shall be applied to any individual earn- I urge Senators to vote for my ing less than $200,000 per year or any tion to commit. amendment, which is a sense of the Mr. CRAPO. Madam President, this couple earning less than $250,000 per Senate that the Senate should reject is a very simple vote we are going to year.’’ The amendment was rejected. such procedural motions, basically, behave. This is a vote that will correct Small businesses in my State do not cause we want to keep the tax cuts support this legislation. With unem- the bill to comply with the President’s that are in this bill. promise not to tax anyone who makes ployment at a 26-year high and small Madam President, I ask for the yeas under $200,000 as an individual or business owners struggling to simply and nays. $250,000 as a family. keep their doors open, this kind of re- The PRESIDING OFFICER. Is there a I think the vote we just had was a form is not what we need to encourage sufficient second? unanimous vote for it. It said not to small businesses to thrive. Small busi- There appears to be a sufficient sec- take tax relief out of the bill. We have nesses need reform that will lower in- ond. had plenty of debate about tax relief— surance costs. They need a bill that The question is on agreeing to the whether it is in the bill or not in the will decrease the overall cost of doing amendment. bill. This motion says let’s fix the bill business. If a bill increases the cost of The clerk will call the roll. and take out the hundreds of billions of doing business or fails to reduce costs, The assistant legislative clerk called dollars of taxes that will fall squarely then the bill fails to meet its intended the roll. on the middle class. goal of reigning in health care costs. Mr. DURBIN. I announce that the The PRESIDING OFFICER. The Sen- I would submit that the bill fails to Senator from West Virginia (Mr. BYRD) ator from Montana is recognized. lower national health expenditures; it is necessarily absent. Mr. BAUCUS. Madam President, the fails to lower the amount of money the Mr. KYL. The following Senator is Crapo motion to commit is an attempt federal government spends on health necessarily absent: the Senator from to kill health care reform. If it suc- care; and it does not bend the cost Indiana (Mr. LUGAR). ceeds, we will keep 31 million Ameri- curve of rapidly increasing national The PRESIDING OFFICER. Are there cans from getting health care coverage. health care costs. If we were running a any other Senators in the Chamber de- If it succeeds, it will keep Americans large company, this would be an unsuc- siring to vote? from getting the tax cuts in the bill. If cessful business proposal. the motion succeeds, over the next 10 In Mississippi, we could insure a ma- The result was announced—yeas 97, nays 1, as follows: years, Americans will get $441 billion jority of the uninsured if we enrolled less in tax credits to buy health insur- [Rollcall Vote No. 375 Leg.] all eligible children in the State Chil- ance. dren’s Health Insurance Program: If YEAS—97 I urge that we not vote in favor of more small businesses offered health Akaka Begich Boxer the Crapo motion, and I ask for the insurance, and if people who could af- Alexander Bennet Brown Barrasso Bennett Brownback yeas and nays. ford health insurance purchased health Baucus Bingaman Bunning The PRESIDING OFFICER. Is there a insurance, this would be reform. Bayh Bond Burr sufficient second?

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13238 CONGRESSIONAL RECORD — SENATE December 15, 2009 There is a sufficient second. ought to vote against this amendment. McCaskill Risch Stabenow McConnell Sanders Thune The question is on agreeing to the But this amendment is bipartisan—Re- Merkley Sessions Udall (NM) motion. publicans and Democrats. Over 30 Murkowski Shaheen Vitter The clerk will call the roll. Members of this Senate have supported Nelson (NE) Shelby Webb The bill clerk called the roll. this approach, saying let’s provide fair Nelson (FL) Snowe Wicker Pryor Specter Wyden Mr. DURBIN. I announce that the pricing for a change for the American Senator from West Virginia (Mr. BYRD) people. NAYS—48 is necessarily absent. We should not be paying the highest Akaka Durbin Levin The PRESIDING OFFICER. Are there prices in the world for prescription Barrasso Ensign Lieberman any other Senators in the Chamber de- Baucus Enzi Lugar drugs. All I ask is that you support this Bayh Gillibrand Menendez siring to vote? amendment to give the American peo- Bennett Gregg Mikulski The result was announced—yeas 45, ple the opportunity for fair pricing for Brownback Hagan Murray nays 54, as follows: a change. Bunning Hatch Reed Burr Inhofe Reid [Rollcall Vote No. 376 Leg.] The PRESIDING OFFICER. The Sen- Burris Inouye Roberts YEAS—45 ator’s time has expired. Cantwell Isakson Rockefeller Cardin Kaufman Schumer Alexander Crapo Lincoln The Senator from New Jersey. Carper Kerry Tester Barrasso DeMint Lugar Mr. MENENDEZ. Madam President, I Casey Kirk Udall (CO) Bayh Ensign McCain rise to oppose the Dorgan amendment. Chambliss Kyl Voinovich Bennett Enzi McConnell Cochran Landrieu Warner Bond Graham Murkowski Let’s be clear, there are those who Dodd Lautenberg Whitehouse Brownback Grassley Nelson (NE) want to deminimize safety. But the one Bunning Gregg Risch entity in this country that is respon- NOT VOTING—1 Burr Hatch Roberts Cantwell Hutchison Sessions sible for the food and drugs is the FDA, Byrd and Commissioner Hamburg has men- Chambliss Inhofe Shelby The PRESIDING OFFICER. On this Coburn Isakson Snowe tioned in her letter all of the potential Cochran Johanns Thune risks of the Dorgan amendment. vote, the yeas are 51, the nays are 48. Collins Klobuchar Vitter Under the previous order requiring 60 Secondly, we have heard about the Corker Kyl Voinovich votes for the adoption of this amend- Cornyn LeMieux Wicker European Union as an example why we ment, the amendment is withdrawn. NAYS—54 should permit reimportation. What did we hear from the European Community AMENDMENT NO. 3156 Akaka Gillibrand Murray Baucus Hagan Nelson (FL) last week? In 2 months, they seized 34 Under the previous order, there will Begich Harkin Pryor million fake tablets at customs points now be 2 minutes of debate, equally di- Bennet Inouye Reed in all member countries, and this was vided, prior to a vote in relation to Bingaman Johnson Reid Boxer Kaufman Rockefeller beyond their greatest fears. amendment No. 3156, offered by the Brown Kerry Sanders Thirdly, how do we create afford- Senator from New Jersey, Mr. LAUTEN- Burris Kirk Schumer ability? By closing the doughnut hole. BERG. Cardin Kohl Shaheen And this amendment will not do that, Carper Landrieu Specter Mr. LAUTENBERG. Madam Presi- Casey Lautenberg Stabenow it will undermine that. dent, this is a simple solution to a Conrad Leahy Tester And finally, Senator LAUTENBERG’s complicated problem. My amendment Dodd Levin Udall (CO) amendment, which comes up after this contains the Dorgan amendment. The Dorgan Lieberman Udall (NM) Durbin McCaskill Warner amendment, is the one that permits re- work done by our friend from North Feingold Menendez Webb importation but takes care of the safe- Dakota is significant. But what it did Feinstein Merkley Whitehouse ty issues that the FDA has said are not have is a guarantee, as much as Franken Mikulski Wyden critical. possible, that the product was safe; NOT VOTING—1 We want to make sure when you buy that there were no counterfeits, that Byrd Nexium that what you get is the sub- there were no mixtures of things that The PRESIDING OFFICER. On this stance and the quality and the quan- might not work well with other drugs. vote, the yeas are 45, the nays are 54. tity that you want, not something less My amendment adds a simple re- Under the previous order requiring 60 that can undermine your health care. quirement that imported drugs be cer- votes for the adoption of this motion, Vote against the Dorgan amendment. tified as safe by the Health and Human the motion is withdrawn. Mr. DORGAN. Madam President, I Services Secretary. I hope we will be ask for the yeas and nays. AMENDMENT NO. 2793, AS MODIFIED able to pass this, which will include the The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Under Dorgan amendment, to make sure the sufficient second? the previous order, there will now be 2 products that get here are safe, no There appears to be. minutes of debate equally divided prior matter what the price will be. If it is to a vote in relationship to amendment The question is on agreeing to the not safe, it is worthless. We want to be No. 2793, as modified, offered by the amendment. The clerk will call the sure every product that reaches our roll. Senator from North Dakota, Mr. DOR- shore is safe to take and will be sold at The assistant legislative clerk called GAN. a more reasonable cost. The Senator from North Dakota. the roll. Mr. BAUCUS. Madam President, I Mr. DORGAN. Madam President, this Mr. DURBIN. I announce that the have long supported measures that amendment is about fair pricing for Senator from West Virginia (Mr. allow Montanans to buy safe and effec- prescription drugs for the American BYRD), is necessarily absent. tive drugs from foreign countries. This people. A colleague of mine just came The PRESIDING OFFICER. Are there is why I support the Lautenberg up to me and said: My daughter takes any other Senators in the Chamber de- amendment. Nexium. It costs her $1,000 a month. I siring to vote? Currently, the Food and Drug Admin- said: I happen to have a chart about The result was announced—yeas 51, istration is required to review the safe- Nexium here. This illustrates better nays 48, as follows: ty and effectiveness of domestically than I know how to illustrate the dif- [Rollcall Vote No. 377 Leg.] produced drugs. FDA is also required to ference in pricing. YEAS—51 ensure the safety and effectiveness of Here is what Nexium costs: $424 Alexander Corker Harkin legally imported drugs. Through FDA’s worth of Nexium in the United States Begich Cornyn Hutchison robust inspection and other regulatory Bennet Crapo Johanns compliance activities, consumers can is sold for $40 in Great Britain, $36 in Bingaman DeMint Johnson Spain, $37 in Germany, $67 in France. If Bond Dorgan Klobuchar have a high degree of confidence in the you like this kind of pricing where the Boxer Feingold Kohl quality of the drugs. American people pay the highest prices Brown Feinstein Leahy The Lautenberg amendment allows Coburn Franken LeMieux in the world for prescription drugs, if Collins Graham Lincoln importation of drugs manufactured you like this kind of pricing, then you Conrad Grassley McCain outside the United States and includes

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13239 numerous protective measures in addi- Reid Schumer Udall (CO) signed to start in 2014. We have con- tion to these activities. These meas- Risch Shelby Voinovich gressional elections in 2010. We have a Roberts Specter Warner ures address the health and safety Rockefeller Tester Presidential election plus congres- risks of importing foreign drugs. NAYS—43 sional elections in 2012. And 2 years fol- Most importantly, it requires the lowing that, 2014, is when this bill will Begich Gregg Pryor Secretary of Health and Human Serv- Bennet Harkin Sanders be implemented. ices to certify that the imported drugs Bingaman Hatch Sessions I hope everyone will look at this mo- do not pose any additional risk to the Brown Inouye Shaheen tion and support the amendment we Coburn Johanns Snowe public’s health and safety and create Collins Klobuchar are putting forward. It is a motion to savings for American consumers. Stabenow Conrad Kohl Thune commit the bill to fix this issue, that With recent increased awareness of Corker Kyl Udall (NM) America should not be looking at high- DeMint Leahy potentially dangerous food and drug Vitter Dorgan Levin er drug prices, higher medical device Webb products, it is more important than Feingold McCain prices, and higher costs of insurance, Whitehouse ever to protect American consumers. Feinstein McCaskill Wicker all of which are the first taxes that will This amendment ensures that con- Franken McConnell Graham Merkley Wyden take effect. sumers are protected from the risk of Grassley Nelson (FL) unsafe drugs. And it ensures Americans Let’s walk through it. Starting next have access to consistent, reliable NOT VOTING—1 year in January, 3 weeks from today, medicines. Byrd there will be $22 billion in taxes on prescription drug manufacturers that will The PRESIDING OFFICER. The time The PRESIDING OFFICER. On this start. The price of prescription drugs, of the Senator has expired. Who yields vote the yeas are 56, the nays are 43. aspirin, anything that people take will time in opposition? Under the previous order requiring 60 go up because the drug manufacturers The Senator from North Dakota? votes for the adoption of this amend- are going to start paying a tax. There Mr. DORGAN. Madam President, we ment, the amendment is withdrawn. is $19 billion in taxes on medical device have all seen this movie before. We The Senator from Texas. manufacturers. So medical devices we have had these votes before. All I say is MOTION TO COMMIT use, hearing aids, things we use to this: The pharmaceutical industry Mrs. HUTCHISON. Mr. President I treat ailments will be taxed to the tune flexes its muscles and defeats an at- have a motion at the desk, and I ask of $19 billion next January. There is $60 tempt for fair prescription drug prices that it be brought forward. billion on insurance companies start- for the American people so we can keep The PRESIDING OFFICER. The ing next month. That is about $100 bil- paying the highest prices in the world. clerk will report. lion in taxes that start in about 3 And then there is another amendment The legislative clerk read as follows: weeks. So the insurance companies offered that makes it seem like some- The Senator from Texas [Mrs. HUTCHISON] have probably already priced in the ne- thing is being done when, in fact, noth- moves to commit the bill H.R. 3590 to the Committee on Finance with instructions to gotiations that they are having now ing is going to be done, nothing will report the same back to the Senate with with people about their insurance pre- change. changes to align the effective dates of all miums. I am sure they realize that Do not vote for this amendment and taxes, fees, and tax increases levied by such they are going to have to be locked in go home and say you have done some- bill so that no such tax, fee, or increase take for a year or two or three and, there- thing about the price of prescription effect until such time as the major insurance fore, these rises in insurance premiums drugs because your constituents will coverage provisions of the bill, including the are probably part of this bill we are know better. This amendment does insurance exchanges, have begun. The Com- dealing with right now. And $60 billion nothing. If you believe, at the end of mittee is further instructed to maintain the deficit neutrality of the bill over the 10-year will be passed on to every person who the evening, we should do nothing, by budget window. has health care coverage right now. all means vote for it. Don’t count me Mrs. HUTCHISON. Mr. President, in on that vote. Here we are, health care reform that this is a motion that Senator THUNE Mr. HARKIN. I ask for the yeas and is supposed to bring down the price of and I are putting forward. It is a very nays. health care so that more people can af- simple motion. A lot of people don’t re- ford it. And what is the first thing we The PRESIDING OFFICER. Is there a alize that the taxes in the bill we are sufficient second? do? It is not to offer a plan. It is not to discussing actually start in about 3 offer any kind of program that would There is a sufficient second. weeks. They start in January of 2010. The question is on agreeing to the help people who are struggling right The effect of the bill, whatever the pro- now because they don’t have insurance. amendment. The clerk will call the posals are going to be in the bill, what- roll. It is certainly not going to help people ever programs are available, will not struggling to pay their prescription The legislative clerk called the roll. come into play until 2014. The taxes Mr. DURBIN. I announce that the drug prices. We are going to raise the will start this next year, and they will price by taxing the manufacturers of Senator from West Virginia (Mr. BYRD) be paid for 4 years before any of the is necessarily absent. drugs, of medical devices, and the com- programs the bill is supposed to put panies that are giving insurance today. The PRESIDING OFFICER (Mr. forward will be there. The motion Sen- It is time that we talk about the high UDALL of Colorado). Are there any ator THUNE and I put forward merely other Senators in the Chamber desiring says that taxes start being collected taxes in this bill. What we are going to to vote? when the bill is implemented. So what- talk about in the Hutchison-Thune pro- The result was announced—yeas 56, ever programs are being offered to the posal, the motion to commit, is to say nays 43, as follows: people, whatever insurance programs, at the very least, the least we can do is [Rollcall Vote No. 378 Leg.] whatever kinds of benefits there might not ask people to pay taxes for 4 years YEAS—56 be in the bill would start at the same when you are going to have three intervening congressional elections before Akaka Casey Kaufman time as the taxes start. So you are not Alexander Chambliss Kerry going to be paying taxes before you this bill takes effect. Things could Barrasso Cochran Kirk have any options that you would be change mightily. All these taxes that Baucus Cornyn Landrieu are going to go into place might never Bayh Crapo Lautenberg able to take in this bill. Bennett Dodd LeMieux It is simple. It is clear. We believe bring forward the proposals that are in Bond Durbin Lieberman that if you pay taxes for 4 years before the underlying bill. Boxer Ensign Lincoln Brownback Enzi Lugar you see any of the programs in this In 2013, 1 year before the bill is to Bunning Gillibrand Menendez bill, the American people can’t be sure take effect, the taxes on high benefit Burr Hagan Mikulski there will ever be a program, because plans go into effect. What is a high Burris Hutchison Murkowski there will be intervening Congresses benefit plan? A high benefit plan is one Cantwell Inhofe Murray Cardin Isakson Nelson (NE) and intervening Presidential elections that is a good plan. Many unions have Carper Johnson Reed that will occur before this bill is de- these, and many people who work for

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13240 CONGRESSIONAL RECORD — SENATE December 15, 2009 big corporations have everything paid time talking about this and hope very go to a public plan that will end up for. They have all of the employer reg- much that our colleagues will also. I do doing what was originally introduced ular, in the order that most companies not think this is what the American in the bill; and that is, to end up with do, payments, but they also allow in people thought they would be getting one public plan. It will take a little these plans to have most of the in health care reform. Of course, what longer the way the bill is being recon- deductibles also paid for. They are very we would hope the American people figured, but it is going to end up in the good plans. This bill will excise for would get in health care reform would same place, unless we can stop it by those plans $149 billion, cut it right out be lower cost options that do not re- showing people that the mandates and and have an excise tax on those good quire a big government plan. They the taxes are not good for our economy plans, $149 billion. That starts in 2013. would not require big taxes. They and they are not good for the health That is 1 year before the bill takes ef- would not require big fees. If we had a care system we know in this country. fect. lowering of the cost, by allowing small We have choices in this country. We In 2013, 1 year before there is any new businesses to have bigger risk pools, have the ability to decide who our doc- plan put forward, those who have very that would not cost anything. It would tor is and what insurance coverage we good coverage—whether it be someone allow bigger risk pools that would pro- want, whether we want a high deduct- who works for a big company or wheth- vide lower premiums and employers ible or a low deductible. That is not a er it is a union member—will start get- would be able to offer more to their choice that should be taxed. We should ting a 40-percent tax on that benefit. employees. not have someone tell us what proce- So all of the things that have been ne- Most employers want to offer health dures we can have. We should have the gotiated are going to have a big 40-per- care to their employees. It is just a option of deciding that for ourselves cent tax. That starts in 2013. matter of the expense. The bill we are with our doctors. That is what we want In addition, in 2013, 1 year before the debating now is going to put more ex- in health care reform. But that is not bill takes effect, there is a limitation penses and burdens on employers, at what is in the bill before us. put on itemized deductions for medical the time when we are asking them to I hope we can discuss the Hutchison- expenses. Today, if you spend more hire more people to get us out of this Thune motion to commit. We are going than 7.5 percent of your income on recession. to work to try to make sure everyone medical expenses, you get to deduct ev- Everywhere I go in Texas, when I am knows we want fairness in this bill and erything over that. So if you have a on an airplane, when I am in a store, a that people know what is in it. I hope catastrophic accident or you have a grocery store—I have not been able to we will get whatever the new version of very expensive disease to treat or you do any Christmas shopping, I must the bill is very soon so we will have a are in a clinical trial—something that admit, so I have not been in a depart- chance to see if maybe there are some is expensive—if you go above 7.5 per- ment store, but nevertheless I do go to changes that are being made. But in cent of your income, you can deduct the grocery store—everyone who I am the bill before us, the taxes start next that. In 2013, under the bill that is be- talking to is saying: I can’t afford this. month, and the bill is implemented in fore us, you would have to spend 10 per- What are you all doing? And I am say- 2014. On its face, that is fundamentally unfair. I hope our motion is adopted so cent of your income before you could ing, of course: Well, we are trying to we can change it. deduct those expenses. That is another stop this because we agree with you Mr. President, I yield the floor. $15 billion that will be collected in that small businesspeople cannot af- Mr. KOHL. Mr. President, today I taxes that are not collected today. ford this. would like to talk about health care The new Medicare payroll tax, which I was a small businessperson. I know costs. We began this endeavor to fix impacts individuals who earn over how hard it is because we do not have our broken health care system a year $200,000 or couples who earn $125,000 the margins of big business, and it is ago for two reasons: to move toward each, would take effect in 2013. That is very hard to make ends meet when you universal coverage, and to reduce the $54 billion in taxes. have all the mandates and the taxes, unacceptably high cost of health care These are all the taxes that take ef- and when you are trying to increase that is threatening to ruin our coun- fect before the bill does, before there is your business and hire people, which is try. any plan offered. You would have the what we want them to do. You cannot It is vital that in our quest to cut tax that starts next month on insur- do it if you are burdened with more and costs, we do not leave money on the ance companies, pharmaceutical com- more expenses, as this bill will do. table that could be going back into the panies, and medical device companies. What Senator THUNE and I are doing pockets of the American people. This Then, in 2013, you would have a tax on is making a motion to commit this bill process is not over and while we still high-benefit plans, a 40-percent tax on back with instructions, to come back have time, we need to more strongly that plan. Then, in 2013, the itemized with the changes that will assure that address the rising costs of prescription deductions will not be allowed until when the implementation of this bill drugs. The cost of brand-name drugs you have paid 10 percent of your salary starts, that will trigger whatever pro- rose nine percent last year. That is an in medical expenses. Then there is the grams are in the bill at the same time unprecedented, unacceptable hike. In Medicare payroll tax, which is going to as whatever taxes and fees are going to contrast, the cost of generic drugs fell impact individuals. All of this is before be in this bill. by nearly nine percent over the same there is a program in place. I would hope there would be fewer time period. In 2014, when the bill does come for- taxes and fees. But whatever your view For years, we have tried to make it ward so there are plans to be offered to is on that issue, it is a matter of simple easier for Americans to have access to people, then you start the mandates on fairness that you would not start the affordable drugs. We have worked to employers and the taxes if people are taxes before you start the implementa- ease the backlog of generic drug appli- not covered. So you have $28 billion in tion of the program. It would be like cations at the FDA. We support com- taxes on employers that start in 2014. saying: I want to buy a house, and the parative effectiveness studies and aca- These are the employers who cannot realtor says: Well, fine, you can start demic detailing to diminish the influ- afford to give health care to their em- paying for the house right now, and in ence of brand-name drug manufactur- ployees or they do not give the right 4 years you will be able to move in. The ers. And we must continue to break kind of health care to their employees, house might be stricken by lightning. down the barriers to help generic drug so it is not the right percentage, and if It might fall apart. It might blow up. It companies get their products on the it is not the right percentage, then the might have a fire. And that is exactly market. employer pays a fee of $750 to $3,000 per what could happen in this bill. Therefore it is imperative that we employee. That is their fine. This bill may not make it for 4 years, pass legislation to fight the backroom Then there is the tax on individuals when people see what is in it. There deals between brand name drug compa- who do not have health insurance, and will be elections, and I cannot imagine nies and generic drug companies that that is $750 per adult. we would establish a policy of taxing keep generics off the market and out of My colleague from South Dakota and people for 4 years, raising costs, lead- reach for consumers. The Kohl-Grass- I will certainly want to spend more ing down this path that will eventually ley amendment to stop what we call

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13241 these ‘‘reverse payments’’ is based on a benefits, the insurance company stead- opinions, but not entitled to our own bill that was passed with bipartisan ily raised rates 10 to 20 percent each facts. I couldn’t agree more with that support by the Judiciary Committee year. When the rates were affordable notion. In order to insure an intellectu- last month, and I thank Senator the small business owner paid the full ally honest standard of debate, both GRASSLEY for working together with cost of premiums, but has since been sides need to correct the record when me on it. forced to shift more and more of the they feel the other side has misstated Let me be clear about what these costs onto his employees. If rates con- the facts. It is in that spirit that I re- deals are: brandname drug companies tinue to rise, he is worried he will no spond today. pay generic drug companies—their longer be able to afford to offer any I won’t take this time to debate the competition to not sell their products. coverage. merits of the surtax that they propose The brandname drug companies win be- And he has concrete cause for con- as a substitute revenue raiser in this cause they get rid of the competition. cern. Current trends paint a bleak pic- bill. That can wait till we debate their Generic drug companies win because ture of future health care costs for all amendment. I am going to focus on they get paid without having to manu- Americans, but they have particular their assertions about recent fiscal his- facture a product. And consumers lose implications for small businesses. In because they have been robbed of a 2000, employer-sponsored health insur- tory and the role of bipartisan tax re- competitive marketplace. ance in the large group market for a lief. How much do American consumers family in South Dakota cost on aver- Before I address the revisionist fiscal lose in these backroom deals? Thirty- age $6,760. In 2006, the same family history we heard, I would like to set five billion dollars over 10 years, ac- health insurance plan cost $9,875. That the record straight on congressional cording to the Federal Trade Commis- is a 72-percent increase in 6 years and, history. sion. And the Congressional Budget Of- unless action is taken to alter this It was said yesterday afternoon that fice estimates these anticompetitive unsustainable course, it is projected there were 8 years of a George W. Bush deals cost the Federal Government this same coverage will cost $16,971 in administration and Republican Con- nearly $2 billion on top of that, because 2016. Because they lack bargaining le- gress. If the Members making these as- we end up paying more for branded verage, small businesses pay on aver- sertions would go back and check the drugs through Medicare and Medicaid. age 18 percent more than larger busi- records of the Senate, they would find We cannot afford to leave this money nesses for the same health insurance. that during that 8-year period Repub- on the table, and our bill—which we Despite their best intentions to provide licans controlled the Senate when it hope will be included in the final quality, affordable benefits to their was evenly divided for a little over 5 health reform legislation—will make employees, the unsustainable trends in months. For almost half the month of sure we do not. our current health care system have al- January 2001, Democrats held the ma- We are pleased that the current bill ready forced many small businesses to jority because outgoing Vice President includes a provision that Senator make tough decisions. Gore broke ties. For the balance of the GRASSLEY and I hope will slow the ris- The Senate health care reform bill period from January 20, 2001, through ing cost of drugs and medical devices. addresses the main challenges facing June 6, 2001, the Senate was evenly di- Our policy aims to make transparent small businesses—affordability and vided, but Republicans held because of the influence that industry gifts and choice. The Patient Protection and Af- Vice President Cheney’s tie breaking payments to doctors may have on med- fordable Care Act will increase quality, vote. ical care. As we look to reform the affordable options in the small group health system, it is imperative that market. The Small Business Health Op- On June 6, 2001, the Democrats re- every dollar is spent wisely. tions Program, SHOP, Exchange will gained the majority when Senator Jef- In closing, I urge my colleagues to give small businesses the buying power fords, previously a Republican, began support my amendment to end these they need to get better deals and re- caucusing with Senate Democrats. For collusive drug company settlements duce administrative burdens. And the balance of 2001, 2002, and in early and to find additional ways to reduce small businesses providing health in- 2003, Democrats held the majority. the cost of this bill. This proposal surance to their employees will be eli- For two Congresses, half of President would save billions of dollars and re- gible for a tax credit to improve afford- Bush’s term, Republicans held a major- duce consumer costs by billions more. ability. The bill will also end the dis- ity. For the last 2 years of the George This is what we said we would do, and criminatory insurance industry prac- W. Bush Presidency, Democrats con- this is what we must do. tices in the small group market of trolled both Houses of Congress. Mr. JOHNSON. Mr. President, I rise jacking up premiums by up to 200 per- When you add it up, with the excep- today to recognize that the rising cent because an employee gets sick or health care costs plaguing our health tion of a little over 4 months when the older, or because the business hired a Senate was equally divided, Democrats care system are disproportionately woman. harming small business in South Da- The Senate health reform bill will controlled the Senate for about half kota and across the Nation. Over the give a new measure of security to those the period of the George W. Bush ad- last decade, health care costs have with health insurance and extend this ministration. been rising four times faster than security to more than 30 million Amer- When you hear some of our friends on wages, eating into the profits of small icans who are currently uninsured. It the other side debate recent fiscal his- businesses and the pocketbooks of fam- will lower premiums, protect jobs and tory, these basic facts regarding polit- ilies. Many small businesses avoid hir- benefits, and help small businesses ical power and accountability are ob- ing new employees because the cost of grow. scured. Perhaps it is their opinion that providing benefits is too great, and in Mr. GRASSLEY. Mr. President, yes- Democrats were not exercising major- some cases are forced to lay off em- terday afternoon, a few of my friends ity power during that period, but the ployees or drop health care coverage on the other side made some assertions fact is that Democrats controlled the entirely. about congressional history, fiscal pol- Senate for almost half the period of the A small business owner in north- icy, and the role of bipartisan tax relief George W. bush administration. eastern South Dakota shared with me for the period of 2001–2006. The speakers Now let’s turn to the fiscal history the impact of rising health care costs were the distinguished junior Senators assertions from my friends on the on his business. He cited a strong con- from Vermont, Ohio, and Minnesota. other side. The revisionist history basi- viction and moral obligation to provide They are all passionate Members. They cally boils down to two conclusions: his employees and their families with are articulate voices of the progressive, benefits, including quality, affordable as they term it, or very liberal wing, as 1. That all of the bipartisan tax relief health insurance. Despite his best in- those of us on this side term it, portion enacted during that period was skewed tentions, rising health care costs are of the Senate Democratic Caucus. to the top 1 percent or top two-tenths threatening his ability to maintain I respect the passion they bring to of 1 percent of taxpayers; and those benefits. their views. But, as one of them has 2. That all of the ‘‘bad’’ fiscal history As the employees of this small busi- said frequently in his early months of of this decade to date is attributable to ness aged and used more of their health Senate service, we are entitled to our the bipartisan tax relief plans.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13242 CONGRESSIONAL RECORD — SENATE December 15, 2009 Not surprisingly, nearly all of the re- The Congressional Budget Office con- Those on this side of the aisle have a visionists who spoke generally oppose cluded that the permanent fiscal im- different view than the revisionists. In tax relief and support tax increases. pact of that bill totaled over $2.5 tril- just the right time, the 2001 tax relief The same crew generally support lion over 10 years. It caused some of plan started to kick in. The fiscal facts spending increases and oppose spending the extra red ink. Supporters of that show as the tax relief hits its full force cuts. bill need to own up to the fiscal course in 2003, the deficits grew smaller. They On the first point, two of the three they charted. grew smaller in amount. They grew speakers from the other side voted for Now, to be sure, after the other side smaller as a percentage of the econ- the conference report for fiscal year pushed through the stimulus bill and omy. This pattern continued up 2010 budget resolution. The third the second half of the $700 billion of through 2007. speaker was not a Member of this body TARP money, CBO reestimated the If my comments were meant to be at that time the conference report was baseline. A portion of this new red ink, partisan shots, I could say this favor- adopted. I am not aware, however, of upfront, is due to that reestimate. able fiscal path from 2003 to 2007 was his opposition to that budget which The bottom line, however, is that re- the only period, aside from 6 months in was drawn up by the Senate Demo- estimate occurred several weeks after 2001, where Republicans controlled the cratic Caucus. the President and robust Democratic White House and the Congress. That budget was similar to President majorities took over the government. But, unlike the fiscal history revi- Obama’s first budget. A core portion of Decisions were made and the fiscal sionists, I am not trying to make any that budget, much ballyhooed by the consequences followed. partisan points. I am just trying to get Democratic leadership, was an exten- Some on the other side who raises to the fiscal facts. sion of the major portion of the bipar- this point about the March CBO reesti- So, let’s get the fiscal history right. tisan tax relief enacted during the pe- mate. That is fine. But, if they were to In this decade, deficits went down riod of 2001–2006. As a matter of fact, be consistent and intellectually honest, after the tax relief plans were put in full effect. Deficits did start to trend roughly 80 percent of the revenue loss then they would have to acknowledge back up after the financial meltdown from that legislation, much criticized the CBO reestimate that occurred in hit. I doubt the fiscal history revision- by the three speakers yesterday after- 2001 after President Bush took office. ists who spoke yesterday would say noon, is contained in the budget that The surplus went south because of eco- that bipartisan tax relief was the cause two of them voted for. Eighty percent nomic conditions. The $5.6 trillion of the financial meltdown. So, aside is usually a pretty fair endorsement of number so often quoted by those on the other side was illusory. from that unrelated bad macro- any policy. Again, I have not heard the The three members should go back economic development, the trend line third speaker, the junior Senator from and take a look at what CBO said at showed revenues on the way back up. Minnesota, indicate that he doesn’t the time. According to CBO, for the But that is the past. We need to support the tax relief included in the first relevant fiscal year, the tax cut make sure we understand it. But what Democratic budget. Perhaps I missed represented barely 14 percent of the is most important is the future. People something. In addition, the three total change in the budget. For in- in our States send us here to deal with speakers need to pay attention to anal- stance, for the same period, increased future policy. This budget debate yses from the nonpartisan Joint Com- appropriations outranked the tax cut should not be about Democrats flog- mittee on Taxation. by $6 billion. So, spending above base- ging Republicans and vice-versa. The If they did examine those analyses, line, together with lower projected rev- people don’t send us here to flog one they would find that, in terms of the enues, accounted for 86 percent of the another, like partisan cartoon cut-out burden of taxation, the 2001 legislation change in the budget picture. Let me characters, over past policies. They redistributed the burden from lower in- repeat that. Bipartisan tax relief was a don’t send us here to endlessly point come taxpayers to higher income tax- minimal, 14-percent factor, in the fingers of blame. Now, let’s focus on payers. change in the budget situation. the fiscal consequences of the budget Now, I turn to the second fiscal revi- Over the long term, the tax cut was that is before the Senate. sionist history point. That point is projected to account for 45 percent of President Obama rightly focused us that all of the ‘‘bad’’ fiscal history of the change in the budget picture. Stat- on the future with his eloquence during this decade to date is attributable to ed another way, the 10-year surplus de- the campaign. I’d like to take a quote the bipartisan tax relief plans. clined from $5.6 trillion to $1.6 trillion. from the President’s nomination ac- In the debate so far, many on this Of that $4.0 trillion change, the tax cut ceptance speech: side have pointed out some key, unde- represented about $1.7 trillion of the We need a President who can face the niable facts. We agree with the Presi- decline. threats of the future, not grasping at the dent on one key fact. The President in- Let’s take a look at the fiscal history ideas of the past. herited a big deficit and a lot of debt. before the financial meltdown hit. That President Obama was right. The antirecessionary spending, to- conclusion is, again, in this decade, all We need a President, and I would add gether with lower tax receipts, and the fiscal problems are attributable to the Congressmen and Senators, who can TARP activities has set a fiscal table widespread tax relief enacted in 2001, face the threats of the future. The leg- of a deficit of $1.2 trillion. That was on 2003, 2004, and 2006. islation before us, as currently written, the President’s desk when he took over In 2001, President Bush came into of- poses considerable threats to our fiscal the Oval Office on January 20, 2009. fice. He inherited an economy that was future. It is too important to dodge. It That is the highest deficit, as a per- careening downhill. Investment started is a bill that restructures one-sixth of centage of the economy, in Post World to go flat in 2000. The tech-fueled stock the economy. It affects all of us and, War II history. market bubble was bursting. Then more importantly, all of our constitu- Not a pretty fiscal picture. And, as came the economic shocks of the 9/11 ents. predicted several months ago, that fis- terrorist attacks. Grasping at ideas of the past or play- cal picture got a lot uglier with the Add in the corporate scandals to that ing the partisan blame game will not $787 billion stimulus bill. So for the economic environment. And it is true, deal with the threats to our fiscal fu- folks who saw that bill as an oppor- as fiscal year 2001 came to close, the ture. Let’s face the honest fiscal facts. tunity to ‘‘recover’’ America with gov- projected surplus turned to a deficit. I Let’s not revise fiscal history as we ernment taking a larger share of the referred to the net effects of some of start this critical debate about the fis- economy over the long term, I say con- these unforeseen events on the pro- cal choices ahead of us. The people who gratulations. jected $5.6 trillion surplus. send us here have a right to expect For those who voted for the stimulus Now, yesterday afternoon’s three nothing less of us. bill, including two of the three speak- speakers may so oppose bipartisan tax f ers to which I refer, they put us on the relief that they want to attribute all path to a bigger role for the govern- fiscal problems to the tax relief. The ORDER AUTHORIZING SIGNATURE ment. Over a trillion dollars of new def- official scorekeepers show the facts to Mr. PRYOR. Mr. President, I ask icit spending was hidden in that bill. be different. unanimous consent that the majority

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13243 leader be authorized to sign any duly turing and it can still deal with some- eign governments are spurred into ac- enrolled bill and joint resolution today, thing as complex as fuel efficiency in tion, victims take heart, and future December 15. aviation. perpetrators think twice. However, The PRESIDING OFFICER. Is there What is prideful for us as Americans when human rights violators are able objection? is, this is about American innovation to live freely in our country, America’s Without objection, it is so ordered. at its best. What would Bill Boeing say credibility as a human rights leader is Mr. PRYOR. I suggest the absence of about today? He would say we achieved undermined. a quorum. another milestone, where we faced Throughout our history, America has The PRESIDING OFFICER. The international competition. Yet the provided sanctuary to victims of perse- clerk will call the roll. United States can still be a manufac- cution. Sadly, some refugees arrive The legislative clerk proceeded to turer. We can still build a product, still from distant shores to begin a new life, call the roll. compete, and still win because we are only to encounter those who tortured Mr. PRYOR. Mr. President, I ask innovating with aviation. them or killed their loved ones. unanimous consent that the order for To the thousands of workers in the Two years ago, the Human Rights the quorum call be rescinded. Boeing Company and in Puget Sound I and the Law Subcommittee heard com- The PRESIDING OFFICER. Without say: Congratulations for your hard pelling testimony from Dr. Juan objection, it is so ordered. work—for the planning and implemen- Romagoza, who endured a 22-day ordeal tation of taking manufacturing from of torture at the hands of the National f aerospace with aluminum that had Guard in El Salvador. Dr. Romagoza UNANIMOUS CONSENT REQUEST— been the status quo for decades, to de- received asylum in our country but H.R. 4154 veloping an entirely new plane, 50 per- later learned that two generals who Mr. PRYOR. Mr. President, I ask cent with the new material. were responsible for his torture had unanimous consent that the Senate I want the United States to continue also fled to the United States. We also proceed to the immediate consider- to be a manufacturer, to still build learned that our government was in- ation of H.R. 4154 just received from products, to still say we can compete. vestigating over 1,000 suspected human the House and at the desk; that the So I applaud the name Dreamliner. rights violators from almost 90 coun- Baucus substitute amendment be con- Somebody in that company had a tries who were in the United States. sidered and agreed to; the bill, as dream, and today it got launched when The Human Rights and the Law Sub- amended, be read three times, passed, it took off from that runway. I wish to committee has worked to ensure our and the motion to reconsider be laid say that is the innovative spirit that government has the necessary author- upon the table; that any statements re- has made this country great and that is ity and resources to bring perpetrators lating to the measure be printed in the the innovative spirit in which we need to justice and to vindicate the rights of people like Dr. Romagoza. RECORD, without further intervening to invest. In the last Congress, the Sub- action or debate. f committee on Human Rights and the Mr. President, I understand the Re- HUMAN RIGHTS ENFORCEMENT Law held hearings which identified publican leader will object, so I will ACT loopholes in the law that hinder effec- withdraw this request. Mr. DURBIN. Mr. President, I rise tive human rights enforcement. In The PRESIDING OFFICER. Without today to speak in support of the order to close some of these loopholes objection, the request is withdrawn. Human Rights Enforcement Act of and make it easier to prosecute human f 2009, which the U.S. Senate approved rights abuses, Senator COBURN and I in- MORNING BUSINESS unanimously on November 21, 2009, and troduced the Genocide Accountability which the House of Representatives Act, the Child Soldiers Accountability Mr. PRYOR. Mr. President, I ask will consider today. This narrowly tai- Act and the Trafficking in Persons Ac- unanimous consent the Senate proceed lored, bipartisan legislation would countability Act, legislation passed to a period of morning business with make it easier for the Justice Depart- unanimously by Congress and signed Senators permitted to speak for up to ment to hold accountable human rights into law by President George W. Bush 10 minutes each. abusers who seek safe haven in our that denies safe haven in the United The PRESIDING OFFICER. Without country. States to perpetrators of genocide, objection, it is so ordered. I would like to thank the lead Repub- child soldier recruitment and use, and f lican cosponsor of the Human Rights human trafficking. Enforcement Act, Senator TOM COBURN We also examined the U.S. govern- BOEING DREAMLINER of Oklahoma. This bill is a product of ment agencies which bear responsi- Ms. CANTWELL. Mr. President, I the Judiciary Committee’s Sub- bility for investigating human rights know we are in the middle of a health committee on Human Rights and the abusers and how to increase the likeli- care debate and I know we are focused Law. I am the Chairman of this Sub- hood that human rights violators will on health care and we will be talking committee and Senator COBURN is its be held accountable. about that for several days, but I rise ranking member. I also want to thank There are two offices in the Justice to congratulate the people of Wash- Judiciary Committee Chairman PAT Department’s Criminal Division with ington State and the country on the 787 LEAHY of Vermont and Senator BEN jurisdiction over human rights viola- Dreamliner flight that took off from CARDIN of Maryland for cosponsoring tions. The first, the Office of Special Paine Field, WA, just a few hours ago. this bill. Investigations, also known as OSI, Some people might think of that as For decades, the United States has which was established by Attorney just going to YouTube and looking at led the fight for human rights around General Richard Civiletti in 1979, has the video and seeing a plane take off the world. Over 60 years ago, following led the way in investigating, and what is the significance. I tell you, the Holocaust, we led the efforts to denaturalizing and removing World there is great significance, not just for prosecute Nazi perpetrators at the Nur- War II-era participants in genocide and the State of Washington but for the emberg trials. We have also supported other Nazi crimes. I want to commend country because this plane is a unique the prosecution of human rights crimes OSI for its outstanding work tracking plane. It is a game changer as far as before the International Criminal Tri- down and bringing to justice Nazi war the market is concerned. But it is bunal for the former Yugoslavia, the criminals who have found safe haven in American innovation at its best. This International Criminal Tribunal for our country. Since 1979, OSI has suc- plane, built now with 50 percent com- Rwanda, and the Special Court for Si- cessfully prosecuted 107 Nazis. posite materials, is going to be a 20- erra Leone. Just this year, OSI deported John percent more fuel-efficient plane. That The world watches our efforts to hold Demjanjuk to Germany, where he is on is significant for our country. It is sig- accountable perpetrators of mass trial for his involvement in the murder nificant because it means the United atrocities closely. When we bring of more than 29,000 people at the States can still be a leader in manufac- human rights violators to justice, for- Sobibor extermination camp in Nazi-

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13244 CONGRESSIONAL RECORD — SENATE December 15, 2009 occupied Poland. Demjanjuk came to This consolidation will also enable to make it easier to prosecute per- the United States in 1952 and lived in more effective collaboration between petrators of genocide; 2) clarifying that Seven Hills, OH. During World War II, the Department of Justice and the De- the immigration provisions of the Demjanjuk allegedly served as a guard partment of Homeland Security’s Im- Child Soldiers Accountability Act at a number of concentration camps. migration and Customs Enforcement in apply to offenses committed before the Lanny Breuer, the Assistant Attorney identifying, prosecuting, and removing bill’s enactment; 3) a conforming General of the Criminal Division, said, human rights violators from the amendment to the Immigration and ‘‘The removal to Germany of John United States. Immigration and Cus- Nationality Act required by the enact- Demjanjuk is an historic moment in toms Enforcement has been at the fore- ment of the Genocide Accountability the federal government’s efforts to front of the federal government’s ef- Act; and 4) a conforming amendment to bring Nazi war criminals to justice. Mr. forts to bring war criminals to justice the material support statute, made Demjanjuk, a confirmed former Nazi and is currently handling over 1,000 necessary by the enactment of the death camp guard, denied to thousands human rights removal cases involving Genocide Accountability Act and the the very freedoms he enjoyed for far suspects from about 95 countries. Child Soldiers Accountability Act, too long in the United States.’’ Immigration and Customs Enforce- making it illegal to provide material In 2004, Judiciary Committee Chair- ment and the Justice Department have support to genocide and the use or re- man PAT LEAHY’s Anti-Atrocity Alien complementary jurisdiction over cruitment of child soldiers. These tech- Deportation Act, enacted as part of the human rights violations and partner nical changes will facilitate the gov- Intelligence Reform and Terrorism closely in their efforts to hold account- ernment’s ability to prosecute per- Prevention Act, further strengthened able human rights violators. In some petrators who commit genocide or use the Office of Special Investigations by instances, where prosecution for a sub- child soldiers. statutorily authorizing it and expand- stantive human rights criminal offense Dr. Juan Romagoza survived horrible ing its jurisdiction to include serious is not possible, Immigration and Cus- human rights abuses, and had the cour- human rights crimes committed after toms Enforcement can bring immigra- age to flee his home and find sanctuary World War II. tion charges. For example, Immigra- in the United States, where he became The Domestic Security Section, tion and Customs Enforcement re- an American and made great contributions to our country. We owe it to Dr. which was established more recently, cently filed administrative charges Romagoza, and countless others like prosecutes major human rights viola- against the two El Salvadoran generals him, to ensure that America does not tors and has jurisdiction over the who are responsible for the torture of provide safe haven to those who violate criminal laws relating to torture, geno- Dr. Romagoza, which took place before fundamental human rights. From John cide, war crimes, and the use or re- the enactment of legislation prohib- Demjanjuk, who helped massacre over cruitment of child soldiers. In 2008, the iting torture in the United States. Domestic Security Section and the With the creation of a new stream- 29,000 Jews during World War II, to the United States Attorney’s Office for the lined human rights section in the Salvadoran generals responsible for torturing Dr. Juan Romagoza, we have Southern District of Florida obtained Criminal Division of the Justice De- a responsibility to bring human rights the first federal conviction for a human partment, Immigration and Customs rights offense against Chuckie Taylor, violators to justice. Enforcement will have a stronger part- I thank my colleagues for supporting son of former Liberian president ner in the Justice Department to col- Charles Taylor, for committing torture this legislation and hope it will be en- laborate with on human rights violator acted into law soon. in Liberia when he served as the head law enforcement issues. This bill would of the Anti-Terrorist Unit. Taylor and require the Attorney General to con- f other Anti-Terrorist Unit members en- sult with the Secretary of Homeland PENDING NOMINATIONS gaged in horrific acts of torture, in- Security as appropriate, which means Mr. LEAHY. Mr. President, two cluding shocking victims with an elec- the Attorney General shall consult weeks ago, I challenged Senate Repub- tric device and burning victims with with the Secretary of Homeland Secu- licans to do as well as Senate Demo- molten plastic, lit cigarettes, scalding rity on cases that implicate the De- crats did in December 2001 when we water, candle wax and an iron. Then- partment of Homeland Security’s juris- proceeded to confirm 10 of President Attorney General Michael Mukasey diction and competencies. Bush’s nominees as Federal judges. Re- said, ‘‘Today’s conviction provides a The consolidation of the two sections grettably, my plea has been ignored. measure of justice to those who were in the Criminal Division of the Justice Senate Republicans are failing the victimized by the reprehensible acts of Department with jurisdiction over challenge. The Senate has been allowed Charles Taylor Jr. and his associates. human rights violations would not af- to confirm only one judicial nominee It sends a powerful message to human fect or change Immigration and Cus- all month. On December 1, after almost rights violators around the world that, toms Enforcement’s existing jurisdic- 6 weeks of unexplained delays, the Sen- when we can, we will hold them fully tion over human rights violators. Im- ate was allowed to consider the nomi- accountable for their crimes.’’ migration and Customs Enforcement nation of Judge Jacqueline Nguyen to The Human Rights Enforcement Act will continue to have primary author- fill a vacancy on the Federal Court for would seek to build on the important ity for removing human rights viola- the Central District of California. work carried out by the Office of Spe- tors from the United States through When finally considered, she was con- cial Investigations and the Domestic the immigration courts. firmed unanimously by a vote of 97 to Security Section by creating a new At a hearing of the Human Rights 0. Since then, not a single judicial streamlined human rights section in and the Law Subcommittee on October nominee has been considered. It is now the Criminal Division. My bill would 6, 2009, the Justice Department and Im- 2 weeks later, December 15. combine the Office of Special Inves- migration and Customs Enforcement Judicial nominees have been and are tigations, which has significant experi- expressed strong support for combining available for consideration. This lack ence in investigating and the Office of Special Investigations and of action is no fault of the President. denaturalizing human rights abusers, the Domestic Security Section. How- He has made quality nominations. with the Domestic Security Section, ever, since the Office of Special Inves- They have had hearings and have been which has broad jurisdiction over tigations is statutorily authorized, the considered by the Senate Judiciary human rights crimes. Consolidating Justice Department needs Congres- Committee and favorably reported to these two sections would allow limited sional authorization to move forward the Senate. Indeed, the logjam has only law enforcement resources to be used on merging these two sections. grown over the last 2 weeks. Five addi- more effectively and ensure that one The Human Rights Enforcement Act tional judicial nominations have been section in the Justice Department has also includes a number of technical and added to the Senate calendar since De- the necessary expertise and jurisdic- conforming amendments, including: 1) cember 1, bringing the total number of tion to prosecute or denaturalize per- technical changes to the criminal law judicial nominations ready for Senate petrators of serious human rights on genocide (18 U.S.C. 1091) that the action, yet delayed by Republican ob- crimes. Justice Department requested in 2007 struction, to 12. One has been ready for

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13245 Senate consideration for more than 13 the Fourth Circuit; Jane Stranch of tion has been pending on the Senate weeks, another more than 10 weeks, Tennessee, nominated to the Sixth Cir- Executive Calendar since March 19. and the list goes on. The majority lead- cuit; Thomas Vanaskie of Pennsyl- That is the longest pending nomination er and Democratic Senators have been vania, nominated to the Third Circuit; on the calendar by over 2 months. We ready to proceed. The Republican Sen- Louis Butler, nominated to the Dis- did not treat President Bush’s first ate leadership has not. trict Court for the Western District of nominee to head the Office of Legal There are now more judicial nomi- Wisconsin; Denny Chin of New York, Counsel the same way. We confirmed nees awaiting confirmation on the Sen- nominated to the Second Circuit; Jay Bybee to that post only 49 days ate’s Executive Calendar than have Rosanna Malouf Peterson, nominated after he was nominated by President been confirmed since the beginning of to the District Court for the Eastern Bush, and only 5 days after his nomina- the Obama administration. Due to District of Washington; and William tion was reported by the Senate Judici- delays and obstruction by the Repub- Conley, nominated to the District ary Committee. lican minority, we have only been able Court for the Western District of Wis- Mary Smith’s nomination to be the to consider 10 judicial nominations to consin. Assistant Attorney General in charge the Federal circuit and district courts Acting on these nominations, we can of the Tax Division has been pending all year, and for one of them, although confirm 13 nominees this month. In De- on the Senate’s Executive Calendar supported by the longest serving Re- cember 2001, a Democratic Senate ma- since June 11—more than 6 months. We publican in the Senate, we had to over- jority proceeded to confirm 10 of Presi- confirmed President Bush’s first nomi- come a full-fledged filibuster led by the dent Bush’s nominees and ended that nation to that position, Eileen O’Con- Republican leadership. As a result, we year having confirmed 28 new judges nor, only 57 days after her nomination will not only fall well short of the total nominated by a President of the other was made and 1 day after her nomina- of 28 judicial confirmations the Demo- party. We achieved those results with a tion was reported by the Senate Judici- cratic Senate majority worked to con- controversial and confrontational Re- ary Committee. Her replacement, Na- firm in President Bush’s first year in publican President after a midyear than Hochman, was confirmed without office, but we threaten to achieve the change to a Democratic majority in delay, just 34 days after his nomina- lowest number of judicial confirma- the Senate. We did so in spite of the at- tion. tions in the first year of a new Presi- tacks of September 11; despite the an- Among the nominations still waiting dency in modern history. thrax-laced letters sent to the Senate for consideration is that of Christopher It is clear that the Republican lead- that closed our offices; and while work- Schroeder, nominated on June 4 to be ership has returned to their practices ing virtually around the clock on the Assistant Attorney General for the Of- in the 1990s, which resulted in more PATRIOT Act for 6 weeks. fice of Legal Policy, OLP. Mr. Schroe- than doubling circuit court vacancies At the end of the Senate’s 2001 ses- der’s nomination has been pending be- and led to the pocket filibuster of more sion, only four judicial nominations fore the Senate since July of this year than 60 of President Clinton’s nomi- were left on the Senate Executive Cal- when he was reported by the Senate nees. The crisis they created eventu- endar, all of which were confirmed soon Judiciary Committee by voice vote and ally led even to public criticism of after the Senate returned in 2002. At without dissent. There was no objec- their actions by Chief Justice the end of the first session of Congress tion from the Republican members of Rehnquist during those years. Their during President Clinton’s first term, the committee on his nomination, so it delays this year may leave us well just one judicial nominee was left on puzzles me why we cannot move to a short even of their low point during the Senate Executive Calendar. At the vote. President Clinton’s first term, when end of the President George H.W. President Bush appointed four As- the Republican Senate majority would Bush’s first year in office, a Demo- sistant Attorneys General for the Of- only allow 17 judicial confirmations cratic Senate majority left just two ju- fice of Legal Policy. Each was con- during the entire 1996 session. That was dicial nominations pending on the Sen- firmed expeditiously by the Senate. In a Presidential election year and the ate Executive Calendar. At the end of fact, his first nominee to that post, end of President Clinton’s first term. the first year of President Reagan’s Viet Dinh, was confirmed by a vote of By contrast, this is just the first year first term—a year in which the Senate 96 to 1 just 1 month after he was nomi- of the Obama administration. confirmed 41 of his Federal circuit and nated and only a week after his nomi- We need to act on the judicial nomi- district court nominees—not a single nation was reported by the Senate Ju- nees on the Senate Executive Calendar judicial nomination was left on the diciary Committee. Professor Schroe- without further delay. This year, we Senate Executive Calendar. der’s nomination has been pending for have witnessed unprecedented delays in In stark contrast, there are now 12 over 4 months. President Bush’s three the consideration of qualified and non- judicial nominees on the Senate Execu- subsequent nominees to head OLP— controversial nominations. We have tive Calendar and no agreement from Daniel Bryant, Rachel Brand, and had to waste weeks seeking time agree- Senate Republicans to consider a single Elisebeth Cook—were each confirmed ments in order to consider nominations one. That is a significant change from by voice vote in a shorter time than that were then confirmed unanimously. our history and tradition of confirming Professor Schroeder’s nomination has We have seen nominees strongly sup- judicial nominations that have been re- been pending. ported by their home State Senators, ported favorably by the Senate Judici- Senate Republicans should not fur- both Republican and Democratic, de- ary Committee by the end of a session. ther delay consideration of these im- layed for months and unsuccessfully The record of obstruction of the Sen- portant nominations. filibustered. ate Republicans is just as dis- Returning to judicial nominations, I The 12 judicial nominations that appointing when we consider the execu- hope that instead of withholding con- have been given hearings and favorable tive nominations that have been resent and threatening filibusters of consideration by the Senate Judiciary ported by the Judiciary Committee. President Obama’s nominees, Senate Committee and that remain stalled be- There are currently 15 executive nomi- Republicans will treat President fore the Senate are Beverly Martin of nations that have been reported favor- Obama’s nominees fairly. I made sure Georgia, nominated to the Eleventh ably by the Senate Judiciary Com- that we treated President Bush’s nomi- Circuit; Joseph Greenaway of New Jer- mittee pending on the Senate Execu- nees more fairly than President Clin- sey, nominated to the Third Circuit; tive Calendar, including nominations ton’s nominees had been treated. I Edward Chen, nominated to the Dis- for Assistant Attorneys General to run want to continue that progress, but we trict Court for the Northern District of three of the 11 divisions at the Depart- need Republican cooperation to do so. I California; Dolly Gee, nominated to the ment of Justice. Each of these nomina- urge them to turn away from their par- District Court for the Central District tions has been pending 4 months or tisanship and begin to work with the of California; Richard Seeborg, nomi- longer. President and the Senate majority nated to the District Court for the The President nominated Dawn leader. Northern District of California, Bar- Johnsen to lead the Office of Legal President Obama has reached out and bara Keenan of Virginia, nominated to Counsel on February 11. Her nomina- consulted with home State Senators

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13246 CONGRESSIONAL RECORD — SENATE December 15, 2009 from both sides of the aisle regarding RECEIPT OF ASYLUM asylum, concluding that her abuse was his judicial nominees. Instead of prais- Mr. LEAHY. Mr. President, I am not persecution on account of membering the President for consulting with pleased to learn that, after 14 years of ship in a particular social group. This Republican Senators, the Senate Re- legal struggle, Ms. Rody Alvarado has decision was particularly troubling be- publican leadership has doubled back finally received asylum in the United cause it left unclear what grounds, if on what they demanded when a Repub- States. The details of Ms. Alvarado’s any, could be applied to a victim of se- lican was in the White House. No more case are shocking. She suffered from vere domestic abuse who cannot obtain do they talk about each nominee being horrific domestic violence in her home the protection of her country of origin. entitled to an up-or-down vote. That country of Guatemala and sought pro- I wrote to Attorney General Reno position is abandoned and forgotten. tection in the United States under our again in February and September 2000 Instead, they now seek to filibuster asylum laws. Because persecution of asking her to exercise her authority to review the case, called Matter of and delay judicial nominations. When this type had not previously been rec- R-A-, and to reverse the BIA’s decision. President Bush worked with Senators ognized as a basis for refugee or asylum protection, Ms. Alvarado was forced to Unfortunately, the case was not re- across the aisle, I praised him and ex- versed at that time, and it then lan- pedited consideration of his nominees. fight a long legal battle to win her case. guished for years. I wrote to Attorney When President Obama reaches across General Ashcroft in June 2004 asking the aisle, the Senate Republican lead- The administrations of three different Presidents—Clinton, Bush and him to work with the Department of ership delays and obstructs his quali- Homeland Security, DHS, to issue reg- fied nominees. Obama—have grappled with how to handle gender-based asylum claims, ulations to govern cases such as Ms. Although there have been nearly 110 but the resolution of this case brings Alvarado’s and to then decide her case judicial vacancies this year on our Fed- us closer to the end of this journey. Ms. in accordance with such rules. When he eral circuit and district courts around Alvarado can finally feel safe here in was a nominee to be Attorney General the country, only 10 vacancies have the United States because she is no in January 2005, I asked Mr. Alberto been filled. That is wrong. The Amer- longer at risk of being deported to Gua- Gonzales to commit to taking up the ican people deserve better. As I have temala. The Obama administration case and resolving it if he was con- noted, there are 12 more qualified judi- must now issue regulations to ensure firmed. Mr. Gonzales promised to work cial nominations awaiting Senate ac- that other victims of domestic violence with DHS to finalize regulations but tion on the Senate Executive Calendar. whose abuse rises to the level of perse- did not take any action during his years as Attorney General. Another nomination should be consid- cution can obtain the same protection Ten years after I and other Members as refugees or asylees. ered by the Judiciary Committee this of Congress first sought appropriate ac- week. I hope that with the session Ms. Alvarado fled Guatemala in 1995 after being beaten daily and raped re- tion and the fair resolution of this drawing to a close Judge Rogeriee case, we celebrate the long-overdue peatedly by her husband. When she be- Thompson of Rhode Island will not be outcome. While I am dismayed at the came pregnant but refused to termi- needlessly delayed. The Senate should length of time Ms. Alvarado has lived nate her pregnancy, her husband do better and could if Senate Repub- with fear and uncertainty, the final kicked her repeatedly in the lower licans would remove their holds and resolution of this case gives me hope spine. Ms. Alvarado had previously stop the delaying tactics. that abuse victims like Ms. Alvarado tried to escape the abuse, seeking pro- who meet the other conditions of asy- During President Bush’s last year in tection in another part of Guatemala, lum will be able to find safety in the office, we had reduced judicial vacan- but her husband tracked her down and United States. cies to as low as 34, even though it was threatened to kill her if she left their a Presidential election year. As mat- The Obama administration has laid home again. We know that Ms. Alva- out a welcomed, new policy in its legal ters stand today, judicial vacancies rado notified Guatemalan police at have spiked, and we will start 2010 with briefs in this case, and I thank the least five separate times, but the police President, Secretary Napolitano, and the highest number of vacancies on ar- refused to respond, telling her that her Attorney General Holder for bringing ticle III courts since 1994, when the va- desperate situation was a domestic dis- this case to such a positive resolution. cancies created by the last comprehen- pute that needed to be settled at home. Yet the administration’s work is not sive judgeship bill were still being Over the past 14 years, Ms. done. It must issue binding regulations filled. While it has been nearly 20 years Alvarado’s case has been considered by so that asylum seekers whose cases since we enacted a Federal judgeship immigration judges, the Board of Im- have been held in limbo for years can bill, judicial vacancies are nearing migration Appeals, BIA, five different also be resolved and that future cases record levels, with 97 current vacancies Attorneys General, and three Secre- are not delayed in adjudication. I urge and another 23 already announced. If taries of Homeland Security. Through- the administration to immediately ini- we had proceeded on the judgeship bill out this extensive consideration, the tiate a process of notice and comment recommended by the U.S. Courts to ad- core facts of her case have never been rulemaking so that asylum seekers, dress the growing burden on our Fed- disputed. All parties have agreed that practitioners, and other experts can eral judiciary and provide access to Ms. Alvarado suffered extreme abuse at contribute to the formulation of new justice for all Americans, vacancies the hands of her husband and that the rules. would stand at 160, by far the highest Guatemalan Government would not Today, I commend Ms. Alvarado on on record. I know we can do better. protect her. All parties agreed that she the courage she has demonstrated over Justice should not be delayed or denied has a well-founded fear that she would many years while seeking protection in to any American because of overbur- be abused again if she was forced to re- the United States. I congratulate her dened courts and the lack of Federal turn to Guatemala. and wish her all the best as she finally judges. The dispute in Ms. Alvarado’s case experiences true freedom from persecu- centered on whether the abuse she suf- tion and the full scope of liberties en- There is still time to act on these fered was persecution under the terms joyed by Americans. nominations before the Senate recesses of the Refugee Convention and applica- f this year. I hope Senate Republicans ble U.S. law. To obtain protection in will lift their objections and allow us the United States, an asylum seeker A TRIBUTE TO ROBERT B. to proceed on the 27 nominations re- must demonstrate that they have a HEMLEY ported by the Judiciary Committee. well-founded fear of persecution based Mr. LEAHY. Mr. President, last Absent cooperation to confirm nomina- on race, religion, nationality, political week, the Senate Judiciary Committee tions, this Congress will be recorded in opinion, or membership in a particular approved the media shield bill in a bi- history as one of the least productive social group. partisan vote of 14 to 5. This legislation in the confirmation of judicial nomina- I first wrote to Attorney General would establish a qualified privilege for tions. I hope the New Year will bring a Janet Reno in December 1999, when the journalists to protect their confiden- renewed spirit of cooperation. BIA reversed Ms. Alvarado’s grant of tial sources and the public’s right to

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13247 know. At a time when the Senate is He has shared his expertise and partici- Amnesty International, government- working to recognize the importance of pated in various training sessions for judges, sponsored violence and repression in protecting Americans’ first amend- lawyers, the media and the public. He helped Iran since the election has reached the ment rights, I am proud to recognize a create the Vermont Coalition for Open Gov- highest level in 20 years. Hundreds of ernment and has been invited through the people have been rounded up and im- Burlington lawyer who was recently years by the Vermont Legislature to offer recognized by the Vermont Press Asso- testimony on several First Amendment prisoned, often under appalling condi- ciation for his lifetime commitment to issues. tions, without access to legal represen- the first amendment and the public’s Hemley has represented: St. Albans Mes- tation or indeed any contact with the right to know. senger, Burlington Free Press, Rutland Her- outside world. Iranian citizens, accord- On December 3, 2009, Robert B. ald, Times Argus, Valley news, Bennington ing to the report, were charged with Hemley was awarded the Matthew Banner, the Associated Press, United Press vague offenses unconnected to any rec- Lyon Award during the Association’s International, USA Today, New York Times, ognizable criminal charge under Ira- annual awards banquet in Montpelier, New York Daily News, along with WCAX–TV, nian law. Vermont. As a fellow Matthew Lyon Vermont Public Radio and several weekly More than 100 were paraded before newspapers, including in Randolph, Stowe, cameras in show trials, with visible Award recipient, I share with Robert a Waitsfield and Burlington. passion about the need for each genera- Before arriving in Vermont in 1976, Hemley signs of abuse. The Amnesty Inter- tion to defend the first amendment was an assistant U.S. Attorney for the national report includes evidence that rights that are so crucial to all Southern District of New York and also the pace of executions by the Iranian Vermonters and to every American. worked for a Wall Street law firm. He earned government has increased, a clear and Robert has worked to bring greater degrees from Amherst College and New York chilling message to the regime’s crit- transparency and accountability to our University Law School and is listed in the ics. And citizens released from deten- government by representing journalists Best Lawyers in America. Hemley has tion made credible and horrific charges chaired the District Court Advisory Com- of abuse while in custody, including al- and newspapers in instances in which mittee for Vermont since 1993. they were improperly forced to testify legations of the widespread use of rape. He lives in Burlington with his wife, This deplorable record is why I and in violation of the first amendment, Marcia, and they have three children: Aman- and by helping to create the Vermont da, an assistant state’s attorney for Dade six colleagues introduced a resolution Coalition for Open Government. County, Fla.; Mark, who lives in Boston, and last month, approved by this body, ex- In each era there will always be Ian, who attends school in Atlanta. pressing the sense of the Senate that much to do to bring greater openness Previous Matthew Lyon winners include the government of Iran has routinely and accountability to government of, Patrick J. Leahy for his work as a state violated the human rights of its citi- by, and for the people. I am pleased to prosecutor and as a U.S. senator; and Edward zens, and calling on the Iranian govern- J. Cashman for his efforts as Chittenden Su- ment to fulfill its obligations under know Robert Hemley will continue to perior Court clerk, a state prosecutor and bring his expertise and dedication to international law and its own constitu- state judge. tion to honor and protect the funda- this fight. f I ask unanimous consent to have mental rights to which its citizens, and printed in the RECORD an article from IRAN all human beings, are entitled. We recognized the need for a strong state- the St. Albans Messenger. Mr. LEVIN. Mr. President, I want to ment of condemnation of the regime’s There being no objection, the mate- take a few moments today to comment behavior, and of solidarity with those rial was ordered to be printed in the on recent events in Iran, the con- Iranians seeking to exercise their right RECORD, as follows: tinuing protests against that nation’s [From the St. Albans Messenger, Dec. 1, 2009] to protest. The Iranian government ruling regime, the brutal response of must know that the world is watching. BURLINGTON LAWYER WINS RECOGNITION FOR that regime to the legitimate protests Mr. President, there is more the COMMITMENT TO FIRST AMENDMENT of Iran’s people, and one small step the United States can do. I draw my col- MONTPELIER.—Burlington lawyer Robert B. United States can and should take to leagues’ attention to a notice from the Hemley has been selected to receive the Mat- aid the people of Iran in exercising the thew Lyon Award for his lifetime commit- State Department that the administra- ment to the First Amendment and public’s basic human right to protest and hold tion will waive certain provisions of right to know the truth in Vermont. their own government accountable. the Iran-Iraq Arms Nonproliferation The Vermont Press Association is sched- As my colleagues know well, student Act of 1992 with respect to the export uled to present the award to Hemley during protests in Tehran and other cities of personal, Internet-based commu- its annual awards banquet at noon Thursday took place on Dec. 7, Student Day, the nications tools to Iran. This is an im- (Dec. 3) at the Capitol Plaza in Montpelier. anniversary of the 1953 attacks by the portant response to the Iranian govern- VPA President Bethany Dunbar, editor of shah’s security services that left three the Chronicle in Barton, said Hemley has ment’s crackdown on its people. The been a First Amendment leader in the fight student protesters dead. Just as those regime has sharply curtailed the ac- against sealed public records, closed court- students sought to protest against an tions of foreign media representatives rooms and improper attempts to force re- unjust and repressive government, so in Iran, making independent observa- porters to testify in violation of the First did today’s students. And again, Iran’s tions of the situation there difficult or Amendment. Hemley also has successfully government responded with intimida- impossible to report. Much of what we defended the media against defamation and tion, violence and repression. know about the regime’s repression has invasion-of-privacy lawsuits and other false Iranian security forces, and para- claims. come from first-hand accounts by Ira- The VPA created the award to honor peo- military militias allied with govern- nian citizens, distributed via Internet ple who have an unwavering devotion to the ment hard-liners, used teargas, batons tools such as YouTube and Twitter. five freedoms within the First Amendment and beatings to attack nonviolent pro- These media outlets have become vital, and to the belief that the public’s right to testers on the campus of Tehran Uni- not only to those of us outside Iran know the truth is essential in a self-governed versity and at other universities. The seeking information about events with- democracy. government’s chief prosecutor told the in the country, but to Iranian citizens The First Amendment award is named for state-controlled news agency—appar- the former Vermont congressman, who was seeking to communicate with one an- jailed in 1798 under the Alien and Sedition ently without irony—‘‘So far we have other. And they are especially impor- Act for sending a letter to the editor criti- shown restraint,’’ and threatened even tant given the near total absence of cizing President John Adams. harsher methods to end the protests. independent news media in Iran. The While Lyon was serving his federal sen- Sadly, this is a recurring theme in regime has undertaken, even before the tence in a Vergennes jail, Vermonters re- Iran. Outraged by overwhelming evi- June election, a systematic effort to elected him to the U.S. House of Representa- dence of fraud designed to keep Presi- eliminate newspapers or broadcasters tives. Hemley, who is a shareholder in the dent Ahmadinejad in power last June, that report critically on the govern- Gravel and Shea law firm, has been recruited students and other Iranians took to the to the write the Vermont section of the na- ment’s activities. And Iran’s Revolu- tional guides on libel, privacy, and access for streets. These nonviolent protests were tionary Guards, closely connected to both the media Libel Resource Center and met by the regime with escalating lev- government hardliners, have sought to the Reporters’ Committee for Freedom of the els of brutality. According to a recent add media and communication compa- Press for more than 20 years. report from the human rights group nies to its growing commercial empire,

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13248 CONGRESSIONAL RECORD — SENATE December 15, 2009 tightening the regime’s grip on com- Proliferation Act of 1992 (P.L. 102–484) (the and the European Union. They are an- munications within Iran. ‘‘Act’’). Section 1603 of the Act applies with chors in the Trans-Atlantic alliance, The State Department recently noti- respect to Iran certain sanctions specified in and I am pleased to have had the op- fied Congress that it intends to waive paragraphs (1) through (4) of Section 586G(a) portunity to travel to all four of these provisions of our sanctions against of the Iraq Sanctions Act of 1990 (P.L. 101– 513) (the ‘‘ISA’’). This includes the require- countries where I have met with public Iran to allow Iranians to download ment under Section 586G(a)(3) of the ISA to officials, non-governmental representa- free, mass-market software used in ac- use the authorities of Section 6 of the Export tives and ethnic and religious commu- tivities such as e-mail, instant mes- Administration Act of 1979 (‘‘EAA’’) to pro- nity leaders. saging and social networking. Accord- hibit the export to Iran of any goods or tech- Unfortunately, it appears that some ing to the State Department, ‘‘U.S. nology listed pursuant to Section 6 of the additional work is necessary to address sanctions on Iran are having an unin- EAA or Section 5(c)(1) of the EAA on the one of the principal goals of the tended chilling effect on the ability of control list provided for in Section 4(b) of Visegrad Group; namely, overcoming companies such as Microsoft and the EAA, unless such export is pursuant to a historic animosities. In recent months, Google to continue providing essential contract in effect before the effective date of the Act (October 23, 1992). relations between Hungary and Slo- communications tools to ordinary Ira- Pursuant to Section 1606 of the Act, the vakia have been strained. Having trav- nians. This waiver will authorize free President may waive the requirement to im- eled in the region and having met with downloads to Iran of certain nominally pose a sanction described in Section 1603 of leaders from both countries during dual-use software (because of low-level the Act by determining that it is essential to their recent visits to Washington, I encryption elements) classified as mass the national interest of the United States to would like to share a few observations. market software by the Department of exercise such waiver authority. On Sep- First, an amendment to the Slovak Commerce and essential for the ex- tember 27, 1994, the President delegated his language law, which was adopted in change of personal communications authorities under the Act to the Secretary of June and will enter into force in Janu- and/or sharing of information over the State. Subsequently, on January 12, 2007, the Secretary of State delegated these authori- ary, has caused a great deal of concern internet.’’ ties to the Under Secretary for Arms Control that the use of the Hungarian language Granting of this waiver is an impor- and International Security (DA 293–1). by the Hungarian minority in Slovakia tant step in ensuring that our actions Personal Internet-based communications will be unduly or unfairly restricted. here do not impede the attempts by are a vital tool for change in Iran as recent Unfortunately, that anxiety has been Iranians to exercise their human events have demonstrated. However, U.S. whipped up, in part, by a number of in- rights. I applaud the administration for sanctions on Iran are having an unintended accurate and exaggerated statements its decision, and hope the people of chilling effect on the ability of companies such as Microsoft and Google to continue about the law. Iran will view this as one more sign of The amendment to the state lan- the solidarity between them and the providing essential communications tools to ordinary Iranians. This waiver will authorize guage law only governs the use of the people of the United States. I ask that free downloads to Iran of certain nominally state language by official public bod- a letter to me from Richard R. Verma, dual-use software (because of low-level ies. These state entities may be fined if assistant secretary of state for legisla- encryption elements) classified as mass mar- they fail to ensure that Slovak—the tive affairs, informing the Senate ket software by the Department of Com- state language—is used in addition to Armed Services Committee of this merce and essential for the exchange of per- the minority languages permitted by waiver decision, be printed in the sonal communications and/or sharing of in- law. The amendment does not allow RECORD. formation over the Internet. The waiver will enable Treasury’s Office of Foreign Assets fines to be imposed on individuals, and There being no objection, the mate- certainly not for speaking Hungarian rial was ordered to be printed in the Control to issue a broader general license covering these downloads and related serv- or any other minority language in pri- RECORD, as follows: ices. This general license will be comparable vate, contrary to what is sometimes U.S. DEPARTMENT OF STATE, to exemptions which already exist for the ex- implied. Washington, DC, December 15, 2009. change of direct mail and phone calls. The The OSCE High Commissioner on Na- Hon. CARL LEVIN, new general license will specifically exclude tional Minorities has been meeting Chairman, Committee on Armed Services, from its authorization the direct or indirect U.S. Senate, Washington, DC. with officials from both countries and exportation of services or software with summarized the Slovak law in his most DEAR MR. CHAIRMAN: The enclosed report is knowledge or reason to know that such serv- being provided consistent with Section 1606 ices or software are intended for the Govern- recent report to the OSCE Permanent of the Iran-Iraq Arms Non-Proliferation Act ment of Iran. Council: of 1992 (P.L. 102–484) (the ‘‘Act’’). The Under The Under Secretary has determined that The adopted amendments to the State Secretary of State has determined that the it is essential to the national interest of the Language Law pursue a legitimate aim, issuance of a license for a proposed export to United States to exercise the authority of namely, to strengthen the position of the Iran is ‘‘essential to the national interest of Section 1606 of the Act not to impose the State language, and, overall, are in line with the United States.’’ The attached report pro- sanction described in Section 1603 of the Act international standards. Some parts of the vides a specific and detailed rationale for and Section 586(a)(3) of the ISA and to per- law, however, are ambiguous and may be this determination. The waiver authority mit the issuance of a general license for this misinterpreted, leading to a negative impact under Section 1606 of the Act will not be ex- kind of software. on the rights of persons belonging to na- ercised until at least 15 days after this report tional minorities. is transmitted to the Congress. f Since the law has not yet come into The Department of State is recommending SLOVAKIA AND HUNGARY effect, there is particular concern that that the Department of Treasury’s Office of RELATIONS Foreign Assets Control (OFAC) issue a gen- even if the law itself is consistent with eral license that would authorize downloads Mr. CARDIN. Mr. President, in 1991, international norms, the implementa- of free mass market software by companies then-Czechoslovak President Vaclav tion of the law may not be. such as Microsoft and Google to Iran nec- Havel brought together his counter- I am heartened that Slovakia and essary for the exchange of personal commu- parts from Poland and Hungary. Tak- nications and/or sharing of information over Hungary have continued to engage the Internet such as instant messaging, chat ing inspiration from a 14th century with one of the OSCE’s most respected and email, and social networking. This soft- meeting of Central European kings, institutions—the High Commissioner ware is necessary to foster and support the these 20th century leaders returned to on National Minorities—on this sen- free flow of information to individual Ira- the same Danube town of Visegrad sitive issue, and I am confident that nian citizens and is therefore essential to the with a view to eliminating the rem- their continued discussions will be con- national interest of the United States. nants of the communist bloc in Central structive. Please do not hesitate to contact us if we Europe; overcoming historic animos- At the same time, I would flag a can be of further assistance. Sincerely, ities between Central European coun- number of factors or developments that RICHARD R. VERMA, tries; and promoting European integra- have created the impression that the Assistant Secretary, Legislative Affairs. tion. Slovak Government has some hostility REPORT UNDER THE IRAN-IRAQ ARMS NON- Today, the Czech Republic, Hungary, toward the Hungarian minority. PROLIFERATION ACT OF 1992 Poland and Slovakia are together Those factors include but are not This report is being provided consistent known as the Visegrad Group, and all limited to the participation of the ex- with Section 1606 of the Iran-Iraq Arms Non- four have successfully joined NATO tremist Slovak National Party, SNS,

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13249 in the government itself; the SNS con- ADDITIONAL STATEMENTS join me in recognizing and honoring trol of the Ministry of Education, one the life of my friend, Pierre Pelham.∑ of the most sensitive ministries for f REMEMBERING PIERRE PELHAM ethnic minorities; the Ministry of Edu- MESSAGES FROM THE PRESIDENT cation’s previous position that it would ∑ Mr. SHELBY. Mr. President, I pay Messages from the President of the require Slovak-language place names tribute to Pierre Pelham, a former colleague of mine in the Alabama State United States were communicated to in Hungarian language textbooks; the the Senate by Mr. Pate, one of his sec- handling of the investigation into the Senate, who recently passed away. He was a personal friend and, along with retaries. 2006 Hedvig Malinova case in a manner his family, I mourn his passing. f that makes it impossible to have con- A native of Chatom, AL, and a resi- EXECUTIVE MESSAGES REFERRED fidence in the results of the investiga- dent of Mobile, AL, Pierre was born on tion, and subsequent threats to charge July 20, 1929, to Judge and Mrs. Joe M. As in executive session the Presiding Ms. Malinova with perjury; and the Pelham, Jr. An incredibly bright stu- Officer laid before the Senate messages adoption of a resolution by the par- dent, he graduated Phi Beta Kappa from the President of the United liament honoring Andrei Hlinka, not- from the University of Alabama and re- States submitting nominations which withstanding his notorious and noxious ceived his J.D. cum laude from Harvard were referred to the Committee on anti-Hungarian, anti-Semitic, and anti- Law School. During the Korean war, Armed Services. (The nominations received today are Roma positions. Pierre served as a captain in the Army printed at the end of the Senate pro- All that said, developments in Hun- and received both the Combat Infantry- man Badge and Expert Infantryman ceedings.) gary have done little to calm the wa- Badge. f ters. Hungary itself has been gripped After his service in the Army, Pierre MESSAGES FROM THE HOUSE by a frightening rise in extremism, returned to Alabama and began to ENROLLED BILL SIGNED manifested by statements and actions practice law. Described by many as The President pro tempore (Mr. of the Hungarian Guard, the ‘‘64 Coun- brilliant, Pierre often took on cases BYRD) reported that he had signed the ties’’ movement, and the extremist that other lawyers did not want. One of following enrolled bill, which was pre- party Jobbik, all of which are known his more interesting cases involved viously signed by the Speaker of the for their irredentist, anti-Semitic, and representing Aristotle Onassis’ wife in House: anti-Roma postures. Murders and other her divorce from the wealthy shipping H.R. 3288. An act making appropriations violent attacks against Roma, repeated magnate. for the Departments of Transportation, and attacks by vandals on the Slovak Insti- In the 1960s, Pierre began to pursue Housing and Urban Development, and related tute in Budapest, attacks on property his interest in politics. He served as agencies for the fiscal year ending Sep- in Budapest’s Jewish quarter in Sep- the national campaign coordinator for tember 30, 2010, and for other purposes. tember, and demonstrations which Governor George Wallace and later as a delegate to the Democratic National At 3:39 p.m., a message from the have blocked the border with Slovakia House of Representatives delivered by and where the Slovak flag is burned il- Convention from Alabama’s 1st Con- gressional District in 1960 and 1964. In Ms. Niland, one of its reading clerks, lustrate the extent to which the Hun- 1966, Pierre was elected to serve in the announced that the House has passed garian social fabric is being tested. Alabama State Senate. It was there the following bill, with an amendment, Not coincidentally, both Hungary that I had the distinct pleasure of in which it requests the concurrence of and Slovakia have parliamentary elec- working with him. the Senate: tions next year, in April and June re- In 1970, Pierre was elected to serve as S. 303. A bill to reauthorize and improve spectively, and, under those cir- president pro tempore of the Senate. the Federal Financial Assistance Manage- ment Improvement Act of 1999. cumstances, it may suit extremist ele- Pierre was renowned by our colleagues ENROLLED JOINT RESOLUTION SIGNED ments in both countries just fine to as an excellent orator and an excep- At 6:13 p.m., a message from the have these sorts of developments: nationally persuasive State senator. When word would spread around the House of Representatives, delivered by tionalists in Slovakia can pretend to be Ms. Niland, one of its reading clerks, protecting Slovakia’s language and State capitol that Pierre was speaking on the senate floor, it was not uncom- announced that the Speaker has signed culture—indeed, the very state—from the following enrolled joint resolution: the dangerous overreach of Hungar- mon for the gallery to fill with spec- tators and for members of the House to H.J. Res. 62. Joint resolution appointing ians. Hungarian nationalists—on both cross over to the Senate to watch what the day for the convening of the second ses- sides of the border—can pretend that sion of the One Hundred Eleventh Congress. would surely be an extraordinary Hungarian minorities require their sin- speech. His articulation and command The enrolled joint resolution was gular protection—best achieved by re- of the English language were simply subsequently signed by the Acting membering them come election day. captivating. President pro tempore (Mr. REID). Meanwhile, the vast majority of good- Although Pierre eventually retired f natured Slovaks and Hungarians, who from public life, as a fellow of Har- EXECUTIVE AND OTHER have gotten along rather well for most vard’s Kennedy Institute of Politics, he COMMUNICATIONS of the last decade, may find their bet- remained interested in national, State, The following communications were ter natures overshadowed by the words and local affairs his entire life. Most laid before the Senate, together with and deeds of a vocal few. people in Mobile will remember Pierre accompanying papers, reports, and doc- for his many contributions as a State In meetings with Slovak and Hun- uments, and were referred as indicated: garian officials alike, I have urged my senator to South Alabama, most notably his support for the creation of the EC–4014. A communication from the Pro- colleagues to be particularly mindful gram Analyst, Federal Aviation Administra- University of South Alabama College of the need for restraint in this pre- tion, Department of Transportation, trans- of Medicine. I knew him to be honest, election season, and I have welcomed mitting, pursuant to law, the report of a rule hardworking, and a committed State the efforts of those individuals who entitled ‘‘Amendment of the Atlantic Low senator. He remained dedicated to his Offshore Airspace Area; East Coast United have chosen thoughtful engagement family and the people of Alabama States’’ ((RIN2120–AA66)(Docket No. FAA– over mindless provocation. I hope both throughout his life. 2008–1170)) received in the Office of the Presi- countries will continue their engage- Pierre is loved and respected and will dent of the Senate on December 10, 2009; to ment with the OSCE High Commis- be missed by his wife Eva Pelham; his the Committee on Commerce, Science, and sioner on National Minorities, whom I Transportation. sons Marc Pelham and Joseph Pelham, EC–4015. A communication from the Pro- believe can play a constructive role in IV; his daughters Pierrette Prestridge gram Analyst, Federal Aviation Administra- addressing minority and other bilateral and Patrice Pelham; and 12 grand- tion, Department of Transportation, trans- concerns. children. I ask the entire Senate to mitting, pursuant to law, the report of a rule

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13250 CONGRESSIONAL RECORD — SENATE December 15, 2009 entitled ‘‘Amendment of the South Florida 2009–0055)) received in the Office of the Presi- Model EMB–500 Airplanes’’ ((RIN2120– Low Offshore Airspace Area; Florida’’ dent of the Senate on December 10, 2009; to AA64)(Docket No. FAA–2009–0870)) received ((RIN2120–AA66)(Docket No. FAA–2008–1167)) the Committee on Commerce, Science, and in the Office of the President of the Senate received in the Office of the President of the Transportation. on December 10, 2009; to the Committee on Senate on December 10, 2009; to the Com- EC–4024. A communication from the Pro- Commerce, Science, and Transportation. mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- EC–4032. A communication from the Pro- tation. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–4016. A communication from the Pro- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Bom- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- bardier Model DHC–8–400, DHC–8–401, and entitled ‘‘Airworthiness Directives; Thielert mitting, pursuant to law, the report of a rule DHC–8–402 Airplanes’’ ((RIN2120– Aircraft Engines GmbH (TAE) Model TAE entitled ‘‘Amendment of Class D and E Air- AA64)(Docket No. FAA–2009–1106)) received 125–01 Reciprocating Engines’’ ((RIN2120– space; Fort Stewart (Hinesville), GA’’ in the Office of the President of the Senate AA64)(Docket No. FAA–2009–0753)) received ((RIN2120–AA66)(Docket No. FAA–2009–0959)) on December 10, 2009; to the Committee on in the Office of the President of the Senate received in the Office of the President of the Commerce, Science, and Transportation. on December 10, 2009; to the Committee on Senate on December 10, 2009; to the Com- EC–4025. A communication from the Pro- Commerce, Science, and Transportation. mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- EC–4033. A communication from the Pro- tation. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–4017. A communication from the Pro- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Honey- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- well International Inc. LTS101 Series Turbo- entitled ‘‘Airworthiness Directives; mitting, pursuant to law, the report of a rule shaft and LTP101 Series Turboprop Engines’’ Vulcanair S.p.A. Models P 68, P 68B, P 68C, P entitled ‘‘Establishment of Class E Airspace; ((RIN2120–AA64)(Docket No. FAA–2008–1019)) 68C–TC, and P 68 ‘‘OBSERVER’’ Airplanes’’ Jackson, AL’’ ((RIN2120–AA66)(Docket No. received in the Office of the President of the ((RIN2120–AA64)(Docket No. FAA–2009–0869)) FAA–2009–0937)) received in the Office of the Senate on December 10, 2009; to the Com- received in the Office of the President of the President of the Senate on December 10, 2009; mittee on Commerce, Science, and Transpor- Senate on December 10, 2009; to the Com- to the Committee on Commerce, Science, tation. mittee on Commerce, Science, and Transpor- and Transportation. EC–4026. A communication from the Pro- tation. EC–4018. A communication from the Pro- gram Analyst, Federal Aviation Administra- EC–4034. A communication from the Pro- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule tion, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Saab AB, mitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E Airspace; Saab Aerosystem Model SAAB 2000 Air- entitled ‘‘Airworthiness Directives; AVOX Mountain City, TN’’ ((RIN2120–AA66)(Docket planes’’ ((RIN2120–AA64)(Docket No. FAA– Systems and B/E Aerospace Oxygen Cylinder No. FAA–2009–0061)) received in the Office of 2009–0654)) received in the Office of the Presi- Assemblies, as Installed on Various Trans- the President of the Senate on December 10, dent of the Senate on December 10, 2009; to port Airplanes’’ ((RIN2120–AA64)(Docket No. 2009; to the Committee on Commerce, the Committee on Commerce, Science, and FAA–2009–0915)) received in the Office of the Science, and Transportation. Transportation. President of the Senate on December 10, 2009; EC–4019. A communication from the Pro- EC–4027. A communication from the Pro- to the Committee on Commerce, Science, gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- and Transportation. tion, Department of Transportation, trans- tion, Department of Transportation, trans- EC–4035. A communication from the Pro- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- entitled ‘‘Establishment of Class E Airspace; entitled ‘‘Airworthiness Directives; DG tion, Department of Transportation, trans- Fort A.P. Hill, VA’’ ((RIN2120–AA66)(Docket Flugzeugbau GmbH Models DG–500 MB, DG– mitting, pursuant to law, the report of a rule No. FAA–2009–0739)) received in the Office of 808C and DG–800B Gliders’’ ((RIN2120– entitled ‘‘Airworthiness Directives; Bom- the President of the Senate on December 10, AA64)(Docket No. FAA–2009–1103)) received bardier Inc. Model CL–600–2C10 (Regional Jet 2009; to the Committee on Commerce, in the Office of the President of the Senate Series 700, 701 and 702), CL–600–2D15 (Re- Science, and Transportation. on December 10, 2009; to the Committee on gional Jet Series 705), and CL–600–2D24 (Re- EC–4020. A communication from the Pro- Commerce, Science, and Transportation. gional Jet Series 900) Airplanes’’ ((RIN2120– gram Analyst, Federal Aviation Administra- EC–4028. A communication from the Pro- AA64)(Docket No. FAA–2009–1075)) received tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- in the Office of the President of the Senate mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- on December 10, 2009; to the Committee on entitled ‘‘Revocation of Class E Airspace; mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. Hinesville, GA’’ ((RIN2120–AA66)(Docket No. entitled ‘‘Airworthiness Directives; General EC–4036. A communication from the Pro- FAA–2009–0960)) received in the Office of the Electric Company (GE) CF34–1A, CF34–3A, gram Analyst, Federal Aviation Administra- President of the Senate on December 10, 2009; and CF34–3B Series Turbofan Engines’’ tion, Department of Transportation, trans- to the Committee on Commerce, Science, ((RIN2120–AA64)(Docket No. FAA–2009–0328)) mitting, pursuant to law, the report of a rule and Transportation. received in the Office of the President of the entitled ‘‘Airworthiness Directives; Pratt EC–4021. A communication from the Pro- Senate on December 10, 2009; to the Com- and Whitney JT8D–7, –7A, –7B, –9, –9A, –11, gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- –15, and –17 Turbofan Engines’’ ((RIN2120– tion, Department of Transportation, trans- tation. AA64)(Docket No. FAA–2009–0317)) received mitting, pursuant to law, the report of a rule EC–4029. A communication from the Pro- in the Office of the President of the Senate entitled ‘‘Airworthiness Directives; Bom- gram Analyst, Federal Aviation Administra- on December 10, 2009; to the Committee on bardier Model DHC–8–400 Series Airplanes’’ tion, Department of Transportation, trans- Commerce, Science, and Transportation. ((RIN2120–AA64)(Docket No. FAA–2009–0784)) mitting, pursuant to law, the report of a rule EC–4037. A communication from the Pro- received in the Office of the President of the entitled ‘‘Airworthiness Directives; SOCATA gram Analyst, Federal Aviation Administra- Senate on December 10, 2009; to the Com- Model TBM 700 Airplanes’’ ((RIN2120– tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- AA64)(Docket No. FAA–2009–0886)) received mitting, pursuant to law, the report of a rule tation. in the Office of the President of the Senate entitled ‘‘Airworthiness Directives; Scheibe– EC–4022. A communication from the Pro- on December 10, 2009; to the Committee on Flugzeugbau GmbH Models Bergfalke–III, gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. Bergfalke–II/55, SF 25C, and SF–26A Standard tion, Department of Transportation, trans- EC–4030. A communication from the Pro- Gliders’’ ((RIN2120–AA64)(Docket No. FAA– mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- 2009–0800)) received in the Office of the Presi- entitled ‘‘Airworthiness Directives; Sikorsky tion, Department of Transportation, trans- dent of the Senate on December 10, 2009; to Aircraft Corporation (Sikorsky) Model S–92A mitting, pursuant to law, the report of a rule the Committee on Commerce, Science, and Helicopters’’ ((RIN2120–AA64)(Docket No. entitled ‘‘Airworthiness Directives; Cessna Transportation. FAA–2009–1130)) received in the Office of the Aircraft Company Model 525A Airplanes’’ EC–4038. A communication from the Pro- President of the Senate on December 10, 2009; ((RIN2120–AA64)(Docket No. FAA–2009–1096)) gram Analyst, Federal Aviation Administra- to the Committee on Commerce, Science, received in the Office of the President of the tion, Department of Transportation, trans- and Transportation. Senate on December 10, 2009; to the Com- mitting, pursuant to law, the report of a rule EC–4023. A communication from the Pro- mittee on Commerce, Science, and Transpor- entitled ‘‘Airworthiness Directives; Airbus gram Analyst, Federal Aviation Administra- tation. Model A318–111 and –112 Series Airplanes, and tion, Department of Transportation, trans- EC–4031. A communication from the Pro- Model A319, A320, and A321 Series Airplanes’’ mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- ((RIN2120–AA64)(Docket No. FAA–2009–1073)) entitled ‘‘Airworthiness Directives; Airbus tion, Department of Transportation, trans- received in the Office of the President of the Model A300 B2–1C, A300 B2–203, A300 B2K–3C, mitting, pursuant to law, the report of a rule Senate on December 10, 2009; to the Com- A300 B4–103, A300 B4–203, and A300 B4–2C Air- entitled ‘‘Airworthiness Directives; Empresa mittee on Commerce, Science, and Transpor- planes’’ ((RIN2120–AA64)(Docket No. FAA– Brasileira de Aeronautica S.A. (EMBRAER) tation.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13251 EC–4039. A communication from the Pro- in the Office of the President of the Senate well International Inc. LTS101 Series Turbo- gram Analyst, Federal Aviation Administra- on December 10, 2009; to the Committee on shaft and LTP101 Series Turboprop Engines’’ tion, Department of Transportation, trans- Commerce, Science, and Transportation. ((RIN2120–AA64)(Docket No. FAA–2008–1019)) mitting, pursuant to law, the report of a rule EC–4047. A communication from the Pro- received in the Office of the President of the entitled ‘‘Airworthiness Directives; Rolls– gram Analyst, Federal Aviation Administra- Senate on December 10, 2009; to the Com- Royce plc RB211–Trent 800 Series Turbofan tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- Engines’’ ((RIN2120–AA64)(Docket No. FAA– mitting, pursuant to law, the report of a rule tation. 2009–0674)) received in the Office of the Presi- entitled ‘‘Airworthiness Directives; Bom- EC–4055. A communication from the Pro- dent of the Senate on December 10, 2009; to bardier Model CL–600–2A12 (CL–601) and CL– gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and 600–2B16 (CL–601–3A, CL–601–3R, and CL–604) tion, Department of Transportation, trans- Transportation. Airplanes’’ ((RIN2120–AA64)(Docket No. mitting, pursuant to law, the report of a rule EC–4040. A communication from the Pro- FAA–2009–0565)) received in the Office of the entitled ‘‘Airworthiness Directives; Airbus gram Analyst, Federal Aviation Administra- President of the Senate on December 10, 2009; Model A330–200 and –300 Series Airplanes; and tion, Department of Transportation, trans- to the Committee on Commerce, Science, Model A340–200 and –300 Series Airplanes’’ mitting, pursuant to law, the report of a rule and Transportation. ((RIN2120–AA64)(Docket No. FAA–2009–1092)) entitled ‘‘Airworthiness Directives; Boeing EC–4048. A communication from the Pro- received in the Office of the President of the 737–600, –700, –700C, and –800 Series Air- gram Analyst, Federal Aviation Administra- Senate on December 10, 2009; to the Com- planes’’ ((RIN2120–AA64)(Docket No. FAA– tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- 2009–0411)) received in the Office of the Presi- mitting, pursuant to law, the report of a rule tation. dent of the Senate on December 10, 2009; to entitled ‘‘Airworthiness Directives; Boeing EC–4056. A communication from the Pro- the Committee on Commerce, Science, and Model 747–100, 747–100B, 747–200B, 747–200C, gram Analyst, Federal Aviation Administra- Transportation. and 747–200F, and 747SR Series Airplanes’’ tion, Department of Transportation, trans- EC–4041. A communication from the Pro- ((RIN2120–AA64)(Docket No. FAA–2009–0553)) mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- received in the Office of the President of the entitled ‘‘Airworthiness Directives; Removal tion, Department of Transportation, trans- Senate on December 10, 2009; to the Com- of Regulations Allowing for Polished Frost’’ mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- ((RIN2120–AJ09)(Docket No. FAA–2007–29281)) entitled ‘‘Airworthiness Directives; General tation. received in the Office of the President of the Electric Company CF6–50C Series Turbofan EC–4049. A communication from the Pro- Senate on December 10, 2009; to the Com- Engines’’ ((RIN2120–AA64)(Docket No. FAA– gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- 2006–24171)) received in the Office of the tion, Department of Transportation, trans- tation. President of the Senate on December 10, 2009; mitting, pursuant to law, the report of a rule f to the Committee on Commerce, Science, entitled ‘‘Airworthiness Directives; Bom- and Transportation. bardier Model CL–600–2C10 (Regional Jet Se- REPORTS OF COMMITTEES EC–4042. A communication from the Pro- ries 700 and 701) Airplanes and CL–600–2D24 The following reports of committees gram Analyst, Federal Aviation Administra- (Regional Jet Series 900) Airplanes’’ tion, Department of Transportation, trans- ((RIN2120–AA64)(Docket No. FAA–2009–0436)) were submitted: mitting, pursuant to law, the report of a rule received in the Office of the President of the By Mr. KERRY, from the Committee on entitled ‘‘Airworthiness Directives; Boeing Senate on December 10, 2009; to the Com- Foreign Relations, without amendment: Model 777–200, –200LR, –300, and –300ER Se- mittee on Commerce, Science, and Transpor- S. 705. A bill to reauthorize the programs ries Airplanes’’ ((RIN2120–AA64)(Docket No. tation. of the Overseas Private Investment Corpora- FAA–2009–0571)) received in the Office of the EC–4050. A communication from the Pro- tion, and for other purposes (Rept. No. 111– President of the Senate on December 10, 2009; gram Analyst, Federal Aviation Administra- 107). to the Committee on Commerce, Science, tion, Department of Transportation, trans- By Mr. KERRY, from the Committee on and Transportation. mitting, pursuant to law, the report of a rule Foreign Relations, with an amendment in EC–4043. A communication from the Pro- entitled ‘‘Airworthiness Directives; Learjet the nature of a substitute: gram Analyst, Federal Aviation Administra- Inc. Model 45 Airplanes’’ ((RIN2120– S. 1067. A bill to support stabilization and tion, Department of Transportation, trans- AA64)(Docket No. FAA–2009–0719)) received lasting peace in northern Uganda and areas mitting, pursuant to law, the report of a rule in the Office of the President of the Senate affected by the Lord’s Resistance Army entitled ‘‘Airworthiness Directives; Hawker on December 10, 2009; to the Committee on through development of a regional strategy Beechcraft Corporation Models 58, 58A, 58P, Commerce, Science, and Transportation. to support multilateral efforts to success- 58PA, 58TC, 58TCA, 95–B55, 95–B55A, A36, EC–4051. A communication from the Pro- fully protect civilians and eliminate the A36TC, B36TC, E55, E55A, F33A, and V35B gram Analyst, Federal Aviation Administra- threat posed by the Lord’s Resistance Army Airplanes’’ ((RIN2120–AA64)(Docket No. tion, Department of Transportation, trans- and to authorize funds for humanitarian re- FAA–2009–0797)) received in the Office of the mitting, pursuant to law, the report of a rule lief and reconstruction, reconciliation, and President of the Senate on December 10, 2009; entitled ‘‘Airworthiness Directives; Twin transitional justice, and for other purposes to the Committee on Commerce, Science, Commander Aircraft LLC Models 690, 690A, (Rept. No. 111–108). and Transportation. and 690B Airplanes’’ ((RIN2120–AA64)(Docket f EC–4044. A communication from the Pro- No. FAA–2009–0778)) received in the Office of gram Analyst, Federal Aviation Administra- the President of the Senate on December 10, INTRODUCTION OF BILLS AND tion, Department of Transportation, trans- 2009; to the Committee on Commerce, JOINT RESOLUTIONS mitting, pursuant to law, the report of a rule Science, and Transportation. The following bills and joint resolu- entitled ‘‘Airworthiness Directives; McDon- EC–4052. A communication from the Pro- tions were introduced, read the first nell Douglas Model DC–9–14, DC–9–15, and gram Analyst, Federal Aviation Administra- DC–9–15F, Airplanes; and McDonnell Douglas tion, Department of Transportation, trans- and second times by unanimous con- Model DC–9–20, DC–9–30, DC–9–40, and DC–9–50 mitting, pursuant to law, the report of a rule sent, and referred as indicated: Series Airplanes’’ ((RIN2120–AA64)(Docket entitled ‘‘Airworthiness Directives; 328 Sup- By Mr. KERRY (for himself, Mr. DUR- No. FAA–2009–0658)) received in the Office of port Services GmbH (Dornier) Model 328–100 BIN, Mr. HARKIN, Mr. SCHUMER, Mr. the President of the Senate on December 10, Airplanes’’ ((RIN2120–AA64)(Docket No. MENENDEZ, Mr. BROWN, and Mr. 2009; to the Committee on Commerce, FAA–2009–1074)) received in the Office of the KIRK): Science, and Transportation. President of the Senate on December 10, 2009; S. 2882. A bill to amend the Internal Rev- EC–4045. A communication from the Pro- to the Committee on Commerce, Science, enue Code of 1986 to modify the rules relat- gram Analyst, Federal Aviation Administra- and Transportation. ing to the treatment of individuals as inde- tion, Department of Transportation, trans- EC–4053. A communication from the Pro- pendent contractors or employees, and for mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- other purposes; to the Committee on Fi- entitled ‘‘Airworthiness Directives; ZLT Zep- tion, Department of Transportation, trans- nance. pelin Luftschifftechnik GmbH and Co KG mitting, pursuant to law, the report of a rule By Mr. JOHANNS: Model LZ N07–100 Airplanes’’ ((RIN2120– entitled ‘‘Airworthiness Directives; Lock- S. 2883. A bill to amend the Internal Rev- AA64)(Docket No. FAA–2009–0868)) received heed Model L–1011 Series Airplanes’’ enue Code of 1986 to provide for the distribu- in the Office of the President of the Senate ((RIN2120–AA64)(Docket No. FAA–2009–1022)) tion of remaining balances in flexible spend- on December 10, 2009; to the Committee on received in the Office of the President of the ing arrangements upon termination from Commerce, Science, and Transportation. Senate on December 10, 2009; to the Com- employment; to the Committee on Finance. EC–4046. A communication from the Pro- mittee on Commerce, Science, and Transpor- By Mr. LIEBERMAN (for himself, Ms. gram Analyst, Federal Aviation Administra- tation. COLLINS, Mr. VOINOVICH, and Mr. tion, Department of Transportation, trans- EC–4054. A communication from the Pro- AKAKA): mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- S. 2884. A bill to amend title 5, United entitled ‘‘Airworthiness Directives; Airbus tion, Department of Transportation, trans- States Code, to provide for the transpor- Model A320 Series Airplanes’’ ((RIN2120– mitting, pursuant to law, the report of a rule tation of the dependents, remains, and ef- AA64)(Docket No. FAA–2009–0379)) received entitled ‘‘Airworthiness Directives; Honey- fects of certain Federal employees who die

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13252 CONGRESSIONAL RECORD — SENATE December 15, 2009 while performing official duties or as a re- S. 941 emissions from uncapped domestic sult of the performance of official duties; to At the request of Mr. CRAPO, the sources, and for other purposes. the Committee on Homeland Security and name of the Senator from Georgia (Mr. S. 2760 Governmental Affairs. ISAKSON) was added as a cosponsor of S. By Mr. LEMIEUX: At the request of Mr. UDALL of New S.J. Res. 22. A joint resolution proposing 941, a bill to reform the Bureau of Alco- Mexico, the name of the Senator from an amendment to the Constitution of the hol, Tobacco, Firearms, and Explo- Illinois (Mr. DURBIN) was added as a co- United States relative to requiring a bal- sives, modernize firearm laws and regu- sponsor of S. 2760, a bill to amend title anced budget and granting the President of lations, protect the community from 38, United States Code, to provide for the United States the power of line-item criminals, and for other purposes. an increase in the annual amount au- veto; to the Committee on the Judiciary. S. 1067 thorized to be appropriated to the Sec- f At the request of Mr. FEINGOLD, the retary of Veterans Affairs to carry out ADDITIONAL COSPONSORS name of the Senator from Rhode Island comprehensive service programs for (Mr. REED) was added as a cosponsor of homeless veterans. S. 418 S. 1067, a bill to support stabilization At the request of Ms. KLOBUCHAR, the S. 2781 name of the Senator from New York and lasting peace in northern Uganda At the request of Ms. MIKULSKI, the and areas affected by the Lord’s Resist- (Mr. SCHUMER) was added as a cospon- names of the Senator from Alaska (Mr. sor of S. 418, a bill to require secondary ance Army through development of a BEGICH) and the Senator from Maine metal recycling agents to keep records regional strategy to support multilat- (Ms. SNOWE) were added as cosponsors of their transactions in order to deter eral efforts to successfully protect ci- of S. 2781, a bill to change references in individuals and enterprises engaged in vilians and eliminate the threat posed Federal law to mental retardation to the theft and interstate sale of stolen by the Lord’s Resistance Army and to references to an intellectual disability, secondary metal, and for other pur- authorize funds for humanitarian relief and to change references to a mentally poses. and reconstruction, reconciliation, and retarded individual to references to an transitional justice, and for other pur- S. 471 individual with an intellectual dis- poses. ability. At the request of Mrs. MURRAY, the S. 1121 name of the Senator from Vermont S. 2812 At the request of Mr. HARKIN, the (Mr. SANDERS) was added as a cospon- At the request of Mr. BINGAMAN, the sor of S. 471, a bill to amend the Edu- name of the Senator from Massachu- names of the Senator from Louisiana cation Sciences Reform Act of 2002 to setts (Mr. KERRY) was added as a co- (Ms. LANDRIEU) and the Senator from require the Statistics Commissioner to sponsor of S. 1121, a bill to amend part Idaho (Mr. RISCH) were added as co- collect information from coeducational D of title V of the Elementary and Sec- sponsors of S. 2812, a bill to amend the secondary schools on such schools’ ath- ondary Education Act of 1965 to pro- Energy Policy Act of 2005 to require letic programs, and for other purposes. vide grants for the repair, renovation, the Secretary of Energy to carry out and construction of elementary and S. 571 programs to develop and demonstrate 2 secondary schools, including early At the request of Mr. MENENDEZ, the small modular nuclear reactor designs, learning facilities at the elementary and for other purposes. name of the Senator from New York schools. (Mr. SCHUMER) was added as a cospon- S. 2847 sor of S. 571, a bill to strengthen the S. 1389 At the request of Mr. WHITEHOUSE, Nation’s research efforts to identify At the request of Mr. NELSON of Ne- the name of the Senator from South the causes and cure of psoriasis and braska, the name of the Senator from Dakota (Mr. JOHNSON) was added as a psoriatic arthritis, expand psoriasis Maryland (Ms. MIKULSKI) was added as cosponsor of S. 2847, a bill to regulate and psoriatic arthritis data collection, a cosponsor of S. 1389, a bill to clarify the volume of audio on commercials. the exemption for certain annuity con- and study access to and quality of care S. 2853 tracts and insurance policies from Fed- for people with psoriasis and psoriatic At the request of Mr. GREGG, the arthritis, and for other purposes. eral regulation under the Securities name of the Senator from Oklahoma Act of 1933. S. 583 (Mr. INHOFE) was added as a cosponsor S. 1535 At the request of Mr. PRYOR, the of S. 2853, a bill to establish a Bipar- name of the Senator from New Mexico At the request of Mrs. FEINSTEIN, the tisan Task Force for Responsible Fiscal (Mr. BINGAMAN) was added as a cospon- name of the Senator from Illinois (Mr. Action, to assure the long-term fiscal sor of S. 583, a bill to provide grants DURBIN) was added as a cosponsor of S. stability and economic security of the and loan guarantees for the develop- 1535, a bill to amend the Fish and Wild- Federal Government of the United ment and construction of science parks life Act of 1956 to establish additional States, and to expand future prosperity to promote the clustering of innova- prohibitions on shooting wildlife from growth for all Americans. tion through high technology activi- aircraft, and for other purposes. S. 2869 ties. S. 1611 At the request of Ms. LANDRIEU, the S. 619 At the request of Mr. GREGG, the names of the Senator from California At the request of Mrs. FEINSTEIN, the name of the Senator from Alaska (Mr. (Mrs. BOXER) and the Senator from name of the Senator from Oregon (Mr. BEGICH) was added as a cosponsor of S. Michigan (Ms. STABENOW) were added MERKLEY) was added as a cosponsor of 1611, a bill to provide collective bar- as cosponsors of S. 2869, a bill to in- S. 619, a bill to amend the Federal gaining rights for public safety officers crease loan limits for small business Food, Drug, and Cosmetic Act to pre- employed by States or their political concerns, to provide for low interest reserve the effectiveness of medically im- subdivisions. financing for small business concerns, portant antibiotics used in the treat- S. 1749 and for other purposes. ment of human and animal diseases. At the request of Mrs. FEINSTEIN, the S. RES. 316 S. 765 name of the Senator from Minnesota At the request of Mr. MENENDEZ, the At the request of Mr. NELSON of Ne- (Ms. KLOBUCHAR) was added as a co- name of the Senator from Connecticut braska, the name of the Senator from sponsor of S. 1749, a bill to amend title (Mr. LIEBERMAN) was added as a co- Louisiana (Ms. LANDRIEU) was added as 18, United States Code, to prohibit the sponsor of S. Res. 316, a resolution call- a cosponsor of S. 765, a bill to amend possession or use of cell phones and ing upon the President to ensure that the Internal Revenue Code of 1986 to similar wireless devices by Federal the foreign policy of the United States allow the Secretary of the Treasury to prisoners. reflects appropriate understanding and not impose a penalty for failure to dis- S. 2729 sensitivity concerning issues related to close reportable transactions when At the request of Ms. STABENOW, the human rights, ethnic cleansing, and there is reasonable cause for such fail- name of the Senator from Florida (Mr. genocide documented in the United ure, to modify such penalty, and for NELSON) was added as a cosponsor of S. States record relating to the Armenian other purposes. 2729, a bill to reduce greenhouse gas Genocide, and for other purposes.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13253 AMENDMENT NO. 2790 buyers credit in the case of members of viduals as independent contractors or At the request of Mr. CASEY, the the Armed Forces and certain other employees, and for other purposes; to name of the Senator from California Federal employees, and for other pur- the Committee on Finance. (Mrs. BOXER) was added as a cosponsor poses. Mr. KERRY. Mr. President, today I of amendment No. 2790 intended to be AMENDMENT NO. 3037 am introducing the Taxpayer Responsi- proposed to H.R. 3590, a bill to amend At the request of Mr. JOHNSON, the bility, Accountability and Consistency the Internal Revenue Code of 1986 to name of the Senator from Illinois (Mr. Act of 2009 which will provide a level modify the first-time homebuyers cred- DURBIN) was added as a cosponsor of playing field to America’s workers to it in the case of members of the Armed amendment No. 3037 intended to be pro- ensure they are afforded protections al- Forces and certain other Federal em- posed to H.R. 3590, a bill to amend the ready in the law, such as workers’ com- ployees, and for other purposes. Internal Revenue Code of 1986 to mod- pensation, Social Security, Medicare, AMENDMENT NO. 2804 ify the first-time homebuyers credit in payment of overtime, unemployment At the request of Mr. CORNYN, the the case of members of the Armed compensation, and the minimum wage. name of the Senator from Nebraska Forces and certain other Federal em- This legislation is cosponsored by Sen- (Mr. JOHANNS) was added as a cospon- ployees, and for other purposes. ators DURBIN, HARKIN, SCHUMER, BROWN, MENENDEZ, and KIRK. sor of amendment No. 2804 intended to AMENDMENT NO. 3119 be proposed to H.R. 3590, a bill to Under current law, employers are re- At the request of Mr. WARNER, the quired to take certain actions on be- amend the Internal Revenue Code of names of the Senator from Arkansas 1986 to modify the first-time home- half of their employees including with- (Mr. PRYOR), the Senator from Mary- holding income taxes, paying Social buyers credit in the case of members of land (Ms. MIKULSKI), the Senator from the Armed Forces and certain other Security and Medicare taxes, paying Missouri (Mrs. MCCASKILL) and the for unemployment insurance, and pro- Federal employees, and for other pur- Senator from Louisiana (Ms. viding a safe and nondiscriminatory poses. LANDRIEU) were added as cosponsors of workplace. Employers are not required AMENDMENT NO. 2827 amendment No. 3119 intended to be pro- to undertake these obligations for At the request of Mr. TESTER, the posed to H.R. 3590, a bill to amend the independent contractors. When work- name of the Senator from South Da- Internal Revenue Code of 1986 to mod- ers are misclassified, businesses that kota (Mr. JOHNSON) was added as a co- ify the first-time homebuyers credit in play by the rules lose business to com- sponsor of amendment No. 2827 in- the case of members of the Armed petitors that do not play by the rules tended to be proposed to H.R. 3590, a Forces and certain other Federal em- and workers lose valuable rights and bill to amend the Internal Revenue ployees, and for other purposes. protections. Code of 1986 to modify the first-time AMENDMENT NO. 3136 The Internal Revenue Service, IRS, homebuyers credit in the case of mem- At the request of Mr. UDALL of New currently uses a common law test to bers of the Armed Forces and certain Mexico, the name of the Senator from determine whether a worker is an em- other Federal employees, and for other Oregon (Mr. WYDEN) was added as a co- ployee or independent contractor. Un- purposes. sponsor of amendment No. 3136 in- fortunately, a loophole exists which al- AMENDMENT NO. 2878 tended to be proposed to H.R. 3590, a lows a business to escape liability for At the request of Mr. CARDIN, the bill to amend the Internal Revenue misclassifying employees as inde- name of the Senator from Louisiana Code of 1986 to modify the first-time pendent contractors. Furthermore, (Ms. LANDRIEU) was added as a cospon- homebuyers credit in the case of mem- there is statutory prohibition on the sor of amendment No. 2878 intended to bers of the Armed Forces and certain IRS providing guidance through regu- be proposed to H.R. 3590, a bill to other Federal employees, and for other lation on employee classification. amend the Internal Revenue Code of purposes. Federal and State revenue is lost 1986 to modify the first-time home- AMENDMENT NO. 3156 when businesses misclassify their workers as independent contractors. A buyers credit in the case of members of At the request of Mr. LAUTENBERG, the Armed Forces and certain other the name of the Senator from Kansas study estimated that, between 1996 and 2004, $34.7 billion of Federal tax reve- Federal employees, and for other pur- (Mr. BROWNBACK) was added as a co- poses. sponsor of amendment No. 3156 pro- nues went uncollected due to the misclassification of workers and the AMENDMENT NO. 2903 posed to H.R. 3590, a bill to amend the tax loopholes that allow it. Recent At the request of Ms. SNOWE, the Internal Revenue Code of 1986 to mod- GAO and Treasury Inspector General name of the Senator from California ify the first-time homebuyers credit in reports have cited misclassification as (Mrs. BOXER) was added as a cosponsor the case of members of the Armed posing significant concerns for work- of amendment No. 2903 intended to be Forces and certain other Federal em- ers, their employers, and government proposed to H.R. 3590, a bill to amend ployees, and for other purposes. revenue. the Internal Revenue Code of 1986 to AMENDMENT NO. 3203 modify the first-time homebuyers cred- A study commissioned by the U.S. At the request of Mr. BAYH, the Department of Labor in 2000 found that it in the case of members of the Armed names of the Senator from Massachu- Forces and certain other Federal em- up to 30 percent of firms misclassify setts (Mr. KIRK) and the Senator from ployees, and for other purposes. their employees as independent con- California (Mrs. BOXER) were added as tractors. State studies also show that AMENDMENT NO. 2909 cosponsors of amendment No. 3203 in- misclassification is on the rise. In Mas- At the request of Mr. NELSON of Flor- tended to be proposed to H.R. 3590, a sachusetts, the rate of misclassif- ida, the name of the Senator from Ohio bill to amend the Internal Revenue ication has grown from 8.4 percent in (Mr. BROWN) was added as a cosponsor Code of 1986 to modify the first-time 1995 through 1997 to a rate of 13.4 per- of amendment No. 2909 intended to be homebuyers credit in the case of mem- cent in 2001 through 2003. proposed to H.R. 3590, a bill to amend bers of the Armed Forces and certain Misclassification is more rampant the Internal Revenue Code of 1986 to other Federal employees, and for other than studies indicate. Studies cannot modify the first-time homebuyers cred- purposes. adequately capture the ‘‘underground it in the case of members of the Armed f economy,’’ where workers are paid off Forces and certain other Federal em- the books, often in cash. Unreported STATEMENTS ON INTRODUCED ployees, and for other purposes. cash is one aspect of this problem and BILLS AND JOINT RESOLUTIONS AMENDMENT NO. 2947 it is difficult for the IRS to discover At the request of Ms. KLOBUCHAR, the By Mr. KERRY (for himself, Mr. because employers have no record of name of the Senator from Minnesota DURBIN, Mr. HARKIN, Mr. SCHU- pay. (Mr. FRANKEN) was added as a cospon- MER, Mr. MENENDEZ, Mr. States have been leading the way in sor of amendment No. 2947 intended to BROWN, and Mr. KIRK): documenting and recovering taxes re- be proposed to H.R. 3590, a bill to S. 2882. A bill to amend the Internal lated to the misclassification of work- amend the Internal Revenue Code of Revenue Code of 1986 to modify the ers. In the Commonwealth of Massa- 1986 to modify the first-time home- rules relating to the treatment of indi- chusetts, Governor Deval Patrick has

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13254 CONGRESSIONAL RECORD — SENATE December 15, 2009 tackled this issue head on and created such individual or another individual amendment intended to be proposed to an interagency task force on the under- holding a substantially similar posi- amendment SA 2786 proposed by Mr. REID ground economy and employee tion with the taxpayer, or a concluded (for himself, Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to the bill H.R. 3590, supra; which misclassification. The purpose of the employment tax examination by the was ordered to lie on the table. task force is to gather information and IRS. SA 3229. Mr. CRAPO submitted an amend- assess current enforcement resources The current safe harbor would con- ment intended to be proposed to amendment in an effort to improve current enforce- tinue to apply to services rendered up SA 2786 proposed by Mr. REID (for himself, ment methods. to one year after the date of enact- Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to The Federal Government needs to ment; after that, the new safe harbor the bill H.R. 3590, supra; which was ordered follow the lead of the States by ad- to lie on the table. would apply to services rendered more SA 3230. Mr. CRAPO submitted an amend- dressing the current safe harbor. The than one year after the date of enactment intended to be proposed to amendment determination of whether an employer- ment. SA 2786 proposed by Mr. REID (for himself, employee relationship exists for federal I urge my colleagues to cosponsor the Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to tax purposes is made under a common- Taxpayer Responsibility, Account- the bill H.R. 3590, supra; which was ordered law test that has been incorporated ability and Consistency Act of 2009 to lie on the table. into specific provisions of the Internal which will provide valuable protections SA 3231. Mr. CRAPO submitted an amend- Revenue Code or is required to be used ment intended to be proposed to amendment to workers who are erroneously SA 2786 proposed by Mr. REID (for himself, pursuant to Treasury regulations. misclassified and help combat the un- Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to In 1987, based on an examination of derground economy. the bill H.R. 3590, supra; which was ordered cases and rulings, the Internal Revenue to lie on the table. f Service developed a list of 20 factors SA 3232. Mr. BYRD submitted an amend- for determining whether an employer- AMENDMENTS SUBMITTED AND ment intended to be proposed to amendment employee relationship exists. The IRS PROPOSED SA 2786 proposed by Mr. REID (for himself, recognizes that there may be relevant Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to SA 3219. Mr. CARDIN submitted an amend- the bill H.R. 3590, supra; which was ordered factors in addition to the 20 factors. ment intended to be proposed to amendment to lie on the table. Most recently, the IRS has structured SA 2786 proposed by Mr. REID (for himself, SA 3233. Mr. BYRD submitted an amend- its inquiry into three groupings: behav- Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to ment intended to be proposed to amendment ioral control, financial control, and the the bill H.R. 3590, to amend the Internal Rev- SA 2786 proposed by Mr. REID (for himself, relationship of the worker and firm. enue Code of 1986 to modify the first-time Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to Section 530 of the Revenue Act of 1978 homebuyers credit in the case of members of the bill H.R. 3590, supra; which was ordered generally allows taxpayers to treat a the Armed Forces and certain other Federal to lie on the table. SA 3234. Mr. CASEY submitted an amend- worker as not being an employee for employees, and for other purposes; which was ordered to lie on the table. ment intended to be proposed to amendment employment tax purposes, regardless of SA 3220. Mr. RISCH submitted an amend- SA 2786 proposed by Mr. REID (for himself, the worker’s actual status under the ment intended to be proposed to amendment Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to common law test, unless the taxpayer SA 2786 proposed by Mr. REID (for himself, the bill H.R. 3590, supra; which was ordered has no reasonable basis for such treat- Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to to lie on the table. ment or fails to meet certain require- the bill H.R. 3590, supra; which was ordered SA 3235. Mr. CASEY (for himself and Mr. SPECTER) submitted an amendment intended ments. Section 530 is commonly re- to lie on the table. SA 3221. Mr. WYDEN (for himself and Mr. to be proposed to amendment SA 2786 pro- ferred to as a ‘‘safe harbor.’’ This proposed by Mr. REID (for himself, Mr. BAUCUS, vision was initially enacted for a year DURBIN) submitted an amendment intended to be proposed to amendment SA 2786 pro- Mr. DODD, and Mr. HARKIN) to the bill H.R. to give Congress time to resolve these 3590, supra; which was ordered to lie on the posed by Mr. REID (for himself, Mr. BAUCUS, table. complex issues. In 1982, the safe harbor Mr. DODD, and Mr. HARKIN) to the bill H.R. SA 3236. Mr. KOHL submitted an amend- provision was made permanent. 3590, supra; which was ordered to lie on the ment intended to be proposed to amendment The Taxpayer Responsibility, Ac- table. SA 2786 proposed by Mr. REID (for himself, countability and Consistency Act of SA 3222. Mr. FEINGOLD submitted an Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to amendment intended to be proposed to 2009 would address the current loophole the bill H.R. 3590, supra; which was ordered amendment SA 2786 proposed by Mr. REID by requiring information reporting and to lie on the table. making changes to the safe harbor. It (for himself, Mr. BAUCUS, Mr. DODD, and Mr. SA 3237. Mr. BURRIS submitted an amend- would require businesses that pay any HARKIN) to the bill H.R. 3590, supra; which ment intended to be proposed to amendment was ordered to lie on the table. SA 2786 proposed by Mr. REID (for himself, amount greater than $600 during the SA 3223. Mr. CRAPO submitted an amend- Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to year to corporate providers of property ment intended to be proposed to amendment and services to file an information re- the bill H.R. 3590, supra; which was ordered SA 2786 proposed by Mr. REID (for himself, to lie on the table. port with each provider and with the Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to SA 3238. Mr. ROCKEFELLER (for himself, IRS. A similar provision has been pro- the bill H.R. 3590, supra; which was ordered Mr. KOHL, Mr. CARPER, and Mr. WARNER) sub- posed by both Presidents Obama and to lie on the table. mitted an amendment intended to be pro- Bush. This provision will ensure that SA 3224. Mr. CRAPO submitted an amend- posed to amendment SA 2786 proposed by Mr. contractor income is accurately re- ment intended to be proposed to amendment REID (for himself, Mr. BAUCUS, Mr. DODD, and SA 2786 proposed by Mr. REID (for himself, ported in order to prevent fraudulent Mr. HARKIN) to the bill H.R. 3590, supra; Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to underpayment of taxes. which was ordered to lie on the table. the bill H.R. 3590, supra; which was ordered SA 3239. Mr. ROCKEFELLER (for himself, The Taxpayer Responsibility, Ac- to lie on the table. Ms. COLLINS, and Mr. KOHL) submitted an countability and Consistency Act of SA 3225. Mr. LEMIEUX submitted an amendment intended to be proposed to 2009 revises the safe harbor and makes amendment intended to be proposed to amendment SA 2786 proposed by Mr. REID it part of the Internal Revenue Code of amendment SA 2786 proposed by Mr. REID (for himself, Mr. BAUCUS, Mr. DODD, and Mr. 1986. The safe harbor would continue to (for himself, Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to the bill H.R. 3590, supra; which be available to employers for purposes HARKIN) to the bill H.R. 3590, supra; which was ordered to lie on the table. of shielding them from liability, but it was ordered to lie on the table. SA 3240. Mr. ROCKEFELLER (for himself, SA 3226. Mr. WHITEHOUSE submitted an will be narrowed to reduce abuses and Mr. LIEBERMAN, Mr. WHITEHOUSE, and Mr. amendment intended to be proposed to BINGAMAN) submitted an amendment in- to ensure they had a genuinely reason- amendment SA 2786 proposed by Mr. REID tended to be proposed to amendment SA 2786 able basis for not treating such indi- (for himself, Mr. BAUCUS, Mr. DODD, and Mr. proposed by Mr. REID (for himself, Mr. BAU- vidual as an employee. Under the Tax- HARKIN) to the bill H.R. 3590, supra; which CUS, Mr. DODD, and Mr. HARKIN) to the bill payer Responsibility, Accountability was ordered to lie on the table. H.R. 3590, supra; which was ordered to lie on and Consistency Act of 2009, an em- SA 3227. Mr. CARDIN submitted an amend- the table. ployer shall be treated as having a rea- ment intended to be proposed to amendment SA 3241. Mr. CARPER (for himself, Mr. sonable basis for treating an individual SA 2786 proposed by Mr. REID (for himself, CONRAD, and Mrs. SHAHEEN) submitted an Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to amendment intended to be proposed to as an independent contractor only if the bill H.R. 3590, supra; which was ordered amendment SA 2786 proposed by Mr. REID the decision was based on a written de- to lie on the table. (for himself, Mr. BAUCUS, Mr. DODD, and Mr. termination by the IRS to the taxpayer SA 3228. Ms. LANDRIEU (for herself, Mr. HARKIN) to the bill H.R. 3590, supra; which addressing the employment status of WARNER, and Mr. AKAKA) submitted an was ordered to lie on the table.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13255 TEXT OF AMENDMENTS quest) shall be treated as the making at that participating health care professionals with time of a claims for such benefits without re- respect to such care. SA 3219. Mr. CARDIN submitted an gard to whether and when a written con- (3) CONSTRUCTION.—Nothing in this sub- amendment intended to be proposed to firmation of such request is made. section shall be construed as affecting the amendment SA 2786 proposed by Mr. (b) NOTICE OF A DENIAL OF A CLAIM FOR application of section 114 (relating to access REID (for himself, Mr. BAUCUS, Mr. BENEFITS.—Written notice of a denial made to specialty care). DODD, and Mr. HARKIN) to the bill H.R. under an initial claim for benefits shall be SEC. 1612. ACCESS TO EMERGENCY CARE. 3590, to amend the Internal Revenue issued to the participant, beneficiary, or en- (a) COVERAGE OF EMERGENCY SERVICES.— Code of 1986 to modify the first-time rollee (or authorized representative) and the (1) IN GENERAL.—If a group health plan, or homebuyers credit in the case of mem- treating health care professional in accord- health insurance coverage offered by a bers of the Armed Forces and certain ance with the medical exigencies of the case health insurance issuer, provides or covers and as soon as possible, but in no case later other Federal employees, and for other any benefits with respect to services in an than 2 days after the date of the determina- emergency department of a hospital, the purposes; which was ordered to lie on tion. the table; as follows: plan or issuer shall cover emergency services (c) REQUIREMENTS OF NOTICE OF DETER- (as defined in paragraph (2)(B))— On page 396, between lines 8 and 9, insert MINATIONS.—The written notice of a denial of (A) without the need for any prior author- the following: a claim for benefits determination under ization determination; Subtitle H—Patient Protections subsection (b) shall be provided in printed (B) whether the health care provider fur- PART I—IMPROVING MANAGED CARE form and written in a manner calculated to nishing such services is a participating pro- be understood by the participant, bene- Subpart A—Utilization Review; Claims vider with respect to such services; ficiary, or enrollee and shall include— (C) in a manner so that, if such services are SEC. 1601. PROCEDURES FOR INITIAL CLAIMS (1) the specific reasons for the determina- FOR BENEFITS AND PRIOR AUTHOR- provided to a participant, beneficiary, or en- IZATION DETERMINATIONS. tion (including a summary of the clinical or rollee— (a) PROCEDURES OF INITIAL CLAIMS FOR scientific evidence used in making the deter- (i) by a nonparticipating health care pro- BENEFITS.— mination); and vider with or without prior authorization; or (1) IN GENERAL.—A group health plan, or (2) the procedures for obtaining additional (ii)(I) such services will be provided with- health insurance issuer offering health insur- information concerning the determination. out imposing any requirement under the ance coverage, shall— (d) DEFINITIONS.—For purposes of this part: plan for prior authorization of services or (A) make a determination on an initial (1) AUTHORIZED REPRESENTATIVE.—The any limitation on coverage where the proclaim for benefits by a participant, bene- term ‘‘authorized representative’’ means, vider of services does not have a contractual ficiary, or enrollee (or authorized represent- with respect to an individual who is a partic- relationship with the plan for the providing ative) regarding payment or coverage for ipant, beneficiary, or enrollee, any health of services that is more restrictive than the items or services under the terms and condi- care professional or other person acting on requirements or limitations that apply to tions of the plan or coverage involved, in- behalf of the individual with the individual’s emergency department services received cluding any cost-sharing amount that the consent or without such consent if the indi- from providers who do have such a contrac- participant, beneficiary, or enrollee is re- vidual is medically unable to provide such tual relationship with the plan; and quired to pay with respect to such claim for consent. (II) if such services are provided out-of-net- benefits; and (2) CLAIM FOR BENEFITS.—The term ‘‘claim work, the cost-sharing requirement (ex- (B) notify a participant, beneficiary, or en- for benefits’’ means any request for coverage pressed as a copayment amount or coinsur- rollee (or authorized representative) and the (including authorization of coverage), for eli- ance rate) is the same requirement that treating health care professional involved re- gibility, or for payment in whole or in part, would apply if such services were provided garding a determination on an initial claim for an item or service under a group health in-network; for benefits made under the terms and condi- plan or health insurance coverage. (D) without regard to any other term or tions of the plan or coverage, including any (3) DENIAL OF CLAIM FOR BENEFITS.—The condition of such coverage (other than exclu- cost-sharing amounts that the participant, term ‘‘denial’’ means, with respect to a sion or coordination of benefits, or an affili- beneficiary, or enrollee may be required to claim for benefits, a denial (in whole or in ation or waiting period, permitted under sec- make with respect to such claim for benefits. part) of, or a failure to act on a timely basis tion 2701 of the Public Health Service Act, (2) ACCESS TO INFORMATION.— upon, the claim for benefits and includes a section 701 of the Employee Retirement In- (A) TIMELY PROVISION OF NECESSARY INFOR- failure to provide benefits (including items come Security Act of 1974, or section 9801 of MATION.—With respect to an initial claim for and services) required to be provided under the Internal Revenue Code of 1986, and other benefits, the participant, beneficiary, or en- this part. than applicable cost-sharing). REATING HEALTH CARE PROFESSIONAL rollee (or authorized representative) and the (4) T .— (2) DEFINITIONS.—In this section: treating health care professional (if any) The term ‘‘treating health care professional’’ (A) EMERGENCY MEDICAL CONDITION.—The shall provide the plan or issuer with access means, with respect to services to be pro- term ‘‘emergency medical condition’’ means to information requested by the plan or vided to a participant, beneficiary, or en- a medical condition manifesting itself by issuer that is necessary to make a deter- rollee, a health care professional who is pri- acute symptoms of sufficient severity (in- mination relating to the claim. Such access marily responsible for delivering those serv- cluding severe pain) such that a prudent shall be provided not later than 5 days after ices to the participant, beneficiary, or en- layperson, who possesses an average knowl- the date on which the request for informa- rollee. edge of health and medicine, could reason- tion is received Subpart B—Access to Care ably expect the absence of immediate med- (B) LIMITED EFFECT OF FAILURE ON PLAN OR SEC. 1611. CHOICE OF HEALTH CARE PROFES- ical attention to result in a condition de- ISSUER’S OBLIGATIONS.—Failure of the partic- SIONAL. scribed in clause (i), (ii), or (iii) of section ipant, beneficiary, or enrollee to comply (a) PRIMARY CARE.—If a group health plan, 1867(e)(1)(A) of the Social Security Act. with the requirements of subparagraph (A) or a health insurance issuer that offers (B) EMERGENCY SERVICES.—The term shall not remove the obligation of the plan health insurance coverage, requires or pro- ‘‘emergency services’’ means, with respect to or issuer to make a decision in accordance vides for designation by a participant, bene- an emergency medical condition— with the medical exigencies of the case and ficiary, or enrollee of a participating pri- (i) a medical screening examination (as re- as soon as possible, based on the available in- mary care provider, then the plan or issuer quired under section 1867 of the Social Secu- formation, and failure to comply with the shall permit each participant, beneficiary, rity Act) that is within the capability of the time limit established by this paragraph and enrollee to designate any participating emergency department of a hospital, includ- shall not remove the obligation of the plan primary care provider who is available to ac- ing ancillary services routinely available to or issuer to comply with the requirements of cept such individual. the emergency department to evaluate such this section. (b) SPECIALISTS.— emergency medical condition, and (3) ORAL REQUESTS.—In the case of a claim (1) IN GENERAL.—Subject to paragraph (2), a (ii) within the capabilities of the staff and for benefits involving an expedited or con- group health plan and a health insurance facilities available at the hospital, such fur- current determination, a participant, bene- issuer that offers health insurance coverage ther medical examination and treatment as ficiary, or enrollee (or authorized represent- shall permit each participant, beneficiary, or are required under section 1867 of such Act to ative) may make an initial claim for benefits enrollee to receive medically necessary and stabilize the patient. orally, but a group health plan, or health in- appropriate specialty care, pursuant to ap- (C) STABILIZE.—The term ‘‘to stabilize’’, surance issuer offering health insurance cov- propriate referral procedures, from any with respect to an emergency medical condi- erage, may require that the participant, ben- qualified participating health care profes- tion (as defined in subparagraph (A)), has the eficiary, or enrollee (or authorized represent- sional who is available to accept such indi- meaning give in section 1867(e)(3) of the So- ative) provide written confirmation of such vidual for such care. cial Security Act (42 U.S.C. 1395dd(e)(3)). request in a timely manner on a form pro- (2) LIMITATION.—Paragraph (1) shall not (b) REIMBURSEMENT FOR MAINTENANCE CARE vided by the plan or issuer. In the case of apply to specialty care if the plan or issuer AND POST-STABILIZATION CARE.—A group such an oral request for benefits, the making clearly informs participants, beneficiaries, health plan, and health insurance coverage of the request (and the timing of such re- and enrollees of the limitations on choice of offered by a health insurance issuer, must

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13256 CONGRESSIONAL RECORD — SENATE December 15, 2009 provide reimbursement for maintenance care ance issuer may require an authorization in vider if such provider participates in the net- and post-stabilization care in accordance order to obtain coverage for specialty serv- work of the plan or issuer. with the requirements of section 1852(d)(2) of ices under this section. Any such authoriza- (b) CONSTRUCTION.—Nothing in subsection the Social Security Act (42 U.S.C. 1395w– tion— (a) shall be construed to waive any exclu- 22(d)(2)). Such reimbursement shall be pro- (A) shall be for an appropriate duration of sions of coverage under the terms and condi- vided in a manner consistent with subsection time or number of referrals, including an au- tions of the plan or health insurance cov- (a)(1)(C). thorization for a standing referral where ap- erage with respect to coverage of pediatric (c) COVERAGE OF EMERGENCY AMBULANCE propriate; and care. SERVICES.— (B) may not be refused solely because the SEC. 1615. PATIENT ACCESS TO OBSTETRICAL (1) IN GENERAL.—If a group health plan, or authorization involves services of a non- AND GYNECOLOGICAL CARE. health insurance coverage provided by a participating specialist (described in sub- (a) GENERAL RIGHTS.— health insurance issuer, provides any bene- section (a)(3)). (1) DIRECT ACCESS.—A group health plan, or fits with respect to ambulance services and (2) REFERRALS FOR ONGOING SPECIAL CONDI- health insurance issuer offering health insurance coverage, described in subsection (b) emergency services, the plan or issuer shall TIONS.— may not require authorization or referral by cover emergency ambulance services (as de- (A) IN GENERAL.—Subject to subsection fined in paragraph (2)) furnished under the (a)(1), a group health plan or health insur- the plan, issuer, or any person (including a plan or coverage under the same terms and ance issuer shall permit a participant, bene- primary care provider described in sub- conditions under subparagraphs (A) through ficiary, or enrollee who has an ongoing spe- section (b)(2)) in the case of a female participant, beneficiary, or enrollee who seeks cov- (D) of subsection (a)(1) under which coverage cial condition (as defined in subparagraph erage for obstetrical or gynecological care is provided for emergency services. (B)) to receive a referral to a specialist for provided by a participating health care pro- (2) EMERGENCY AMBULANCE SERVICES.—For the treatment of such condition and such fessional who specializes in obstetrics or purposes of this subsection, the term ‘‘emer- specialist may authorize such referrals, pro- gynecology. Such professional shall agree to gency ambulance services’’ means ambu- cedures, tests, and other medical services otherwise adhere to such plan’s or issuer’s lance services (as defined for purposes of sec- with respect to such condition, or coordinate policies and procedures, including procedures tion 1861(s)(7) of the Social Security Act) fur- the care for such condition, subject to the regarding referrals and obtaining prior au- nished to transport an individual who has an terms of a treatment plan (if any) referred to thorization and providing services pursuant emergency medical condition (as defined in in subsection (c) with respect to the condi- to a treatment plan (if any) approved by the subsection (a)(2)(A)) to a hospital for the re- tion, if such specialist agrees otherwise to plan or issuer. ceipt of emergency services (as defined in adhere to such plan’s or issuer’s policies and (2) OBSTETRICAL AND GYNECOLOGICAL subsection (a)(2)(B)) in a case in which the procedures, including procedures regarding CARE.—A group health plan or health insur- emergency services are covered under the referrals and obtaining prior authorization ance issuer described in subsection (b) shall plan or coverage pursuant to subsection and providing services pursuant to a treat- treat the provision of obstetrical and gyne- (a)(1) and a prudent layperson, with an aver- ment plan (if any) approved by the plan or cological care, and the ordering of related age knowledge of health and medicine, could issuer. obstetrical and gynecological items and reasonably expect that the absence of such (B) ONGOING SPECIAL CONDITION DEFINED.— services, pursuant to the direct access de- transport would result in placing the health In this subsection, the term ‘‘ongoing special scribed under paragraph (1), by a partici- of the individual in serious jeopardy, serious condition’’ means a condition or disease pating health care professional who special- impairment of bodily function, or serious that— izes in obstetrics or gynecology as the au- dysfunction of any bodily organ or part. (i) is life-threatening, degenerative, poten- thorization of the primary care provider. SEC. 1613. TIMELY ACCESS TO SPECIALISTS. tially disabling, or congenital; and (b) APPLICATION OF SECTION.—A group (a) TIMELY ACCESS.— (ii) requires specialized medical care over a health plan, or health insurance issuer offer- (1) IN GENERAL.—A group health plan or prolonged period of time. ing health insurance coverage, described in health insurance issuer offering health insur- (c) TREATMENT PLANS.— this subsection is a group health plan or cov- ance coverage shall ensure that participants, (1) IN GENERAL.—A group health plan or erage that— beneficiaries, and enrollees receive timely health insurance issuer may require that the (1) provides coverage for obstetric or access to specialists who are appropriate to specialty care be provided— gynecologic care; and the condition of, and accessible to, the par- (A) pursuant to a treatment plan, but only (2) requires the designation by a partici- ticipant, beneficiary, or enrollee, when such if the treatment plan— pant, beneficiary, or enrollee of a partici- specialty care is a covered benefit under the (i) is developed by the specialist, in con- pating primary care provider. plan or coverage. sultation with the case manager or primary (c) CONSTRUCTION.—Nothing in subsection (2) RULE OF CONSTRUCTION.—Nothing in care provider, and the participant, bene- (a) shall be construed to— paragraph (1) shall be construed— ficiary, or enrollee, and (1) waive any exclusions of coverage under (A) to require the coverage under a group (ii) is approved by the plan or issuer in a the terms and conditions of the plan or health plan or health insurance coverage of timely manner, if the plan or issuer requires health insurance coverage with respect to benefits or services; such approval; and coverage of obstetrical or gynecological (B) to prohibit a plan or issuer from includ- (B) in accordance with applicable quality care; or ing providers in the network only to the ex- assurance and utilization review standards of (2) preclude the group health plan or tent necessary to meet the needs of the the plan or issuer. health insurance issuer involved from requir- plan’s or issuer’s participants, beneficiaries, (2) NOTIFICATION.—Nothing in paragraph (1) ing that the obstetrical or gynecological pro- or enrollees; shall be construed as prohibiting a plan or vider notify the primary care health care (C) to override any State licensure or issuer from requiring the specialist to pro- professional or the plan or issuer of treat- scope-of-practice law; or vide the plan or issuer with regular updates ment decisions. (D) to override the normal community on the specialty care provided, as well as all SEC. 1616. CONTINUITY OF CARE. standards, taking into account the geo- other reasonably necessary medical informa- (a) TERMINATION OF PROVIDER.— graphic location of such community, regard- tion. (1) IN GENERAL.—If— ing timely access to specialists. (d) SPECIALIST DEFINED.—For purposes of (A) a contract between a group health (3) ACCESS TO CERTAIN PROVIDERS.— this section, the term ‘‘specialist’’ means, plan, or a health insurance issuer offering (A) IN GENERAL.—With respect to specialty with respect to the condition of the partici- health insurance coverage, and a treating care under this section, if a participating pant, beneficiary, or enrollee, a health care health care provider is terminated (as de- specialist is not available and qualified to professional, facility, or center that has ade- fined in subsection (e)(4)), or provide such care to the participant, bene- quate expertise through appropriate training (B) benefits or coverage provided by a ficiary, or enrollee, the plan or issuer shall and experience (including, in the case of a health care provider are terminated because provide for coverage of such care by a non- child, appropriate pediatric expertise) to proof a change in the terms of provider partici- participating specialist. vide high quality care in treating the condi- pation in such plan or coverage, (B) TREATMENT OF NONPARTICIPATING PRO- tion. the plan or issuer shall meet the require- VIDERS.—If a participant, beneficiary, or en- SEC. 1614. ACCESS TO PEDIATRIC CARE. ments of paragraph (3) with respect to each rollee receives care from a nonparticipating (a) PEDIATRIC CARE.—In the case of a per- continuing care patient. specialist pursuant to subparagraph (A), son who has a child who is a participant, (2) TREATMENT OF TERMINATION OF CON- such specialty care shall be provided at no beneficiary, or enrollee under a group health TRACT WITH HEALTH INSURANCE ISSUER.—If a additional cost to the participant, bene- plan, or health insurance coverage offered by contract for the provision of health insur- ficiary, or enrollee beyond what the partici- a health insurance issuer, if the plan or ance coverage between a group health plan pant, beneficiary, or enrollee would other- issuer requires or provides for the designa- and a health insurance issuer is terminated wise pay for such specialty care if provided tion of a participating primary care provider and, as a result of such termination, cov- by a participating specialist. for the child, the plan or issuer shall permit erage of services of a health care provider is (b) REFERRALS.— such person to designate a physician terminated with respect to an individual, the (1) AUTHORIZATION.—Subject to subsection (allopathic or osteopathic) who specializes in provisions of paragraph (1) (and the suc- (a)(1), a group health plan or health insur- pediatrics as the child’s primary care proceeding provisions of this section) shall

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13257 apply under the plan in the same manner as the treatment of the terminal illness or its sonable possibility of death or permanent if there had been a contract between the plan medical manifestations. harm; or and the provider that had been terminated, (c) PERMISSIBLE TERMS AND CONDITIONS.—A (B) in the case of a chronic illness or condi- but only with respect to benefits that are group health plan or health insurance issuer tion, is an ongoing special condition (as de- covered under the plan after the contract may condition coverage of continued treat- fined in section (b)(2)(B)). termination. ment by a provider under this section upon (4) TERMINATED.—The term ‘‘terminated’’ (3) REQUIREMENTS.—The requirements of the provider agreeing to the following terms includes, with respect to a contract, the ex- this paragraph are that the plan or issuer— and conditions: piration or nonrenewal of the contract, but (A) notify the continuing care patient in- (1) The treating health care provider does not include a termination of the con- volved, or arrange to have the patient noti- agrees to accept reimbursement from the tract for failure to meet applicable quality fied pursuant to subsection (d)(2), on a time- plan or issuer and continuing care patient standards or for fraud. involved (with respect to cost-sharing) at the ly basis of the termination described in para- Subpart C—Protecting the Doctor-Patient rates applicable prior to the start of the graph (1) (or paragraph (2), if applicable) and Relationship the right to elect continued transitional care transitional period as payment in full (or, in from the provider under this section; the case described in subsection (a)(2), at the SEC. 1621. PROHIBITION OF INTERFERENCE rates applicable under the replacement plan WITH CERTAIN MEDICAL COMMU- (B) provide the patient with an oppor- NICATIONS. or coverage after the date of the termination tunity to notify the plan or issuer of the pa- (a) GENERAL RULE.—The provisions of any of the contract with the group health plan or tient’s need for transitional care; and contract or agreement, or the operation of health insurance issuer) and not to impose (C) subject to subsection (c), permit the pa- any contract or agreement, between a group cost-sharing with respect to the patient in tient to elect to continue to be covered with health plan or health insurance issuer in re- an amount that would exceed the cost-shar- respect to the course of treatment by such lation to health insurance coverage (including that could have been imposed if the con- provider with the provider’s consent during a ing any partnership, association, or other or- tract referred to in subsection (a)(1) had not transitional period (as provided for under ganization that enters into or administers been terminated. subsection (b)). such a contract or agreement) and a health (4) CONTINUING CARE PATIENT.—For pur- (2) The treating health care provider agrees to adhere to the quality assurance care provider (or group of health care proposes of this section, the term ‘‘continuing viders) shall not prohibit or otherwise re- care patient’’ means a participant, bene- standards of the plan or issuer responsible strict a health care professional from advis- ficiary, or enrollee who— for payment under paragraph (1) and to pro- ing such a participant, beneficiary, or en- (A) is undergoing a course of treatment for vide to such plan or issuer necessary medical rollee who is a patient of the professional a serious and complex condition from the information related to the care provided. about the health status of the individual or provider at the time the plan or issuer re- (3) The treating health care provider medical care or treatment for the individ- ceives or provides notice of provider, benefit, agrees otherwise to adhere to such plan’s or ual’s condition or disease, regardless of or coverage termination described in para- issuer’s policies and procedures, including whether benefits for such care or treatment graph (1) (or paragraph (2), if applicable); procedures regarding referrals and obtaining are provided under the plan or coverage, if (B) is undergoing a course of institutional prior authorization and providing services the professional is acting within the lawful or inpatient care from the provider at the pursuant to a treatment plan (if any) ap- time of such notice; proved by the plan or issuer. scope of practice. (b) NULLIFICATION.—Any contract provision (C) is scheduled to undergo non-elective (d) RULES OF CONSTRUCTION.—Nothing in or agreement that restricts or prohibits med- surgery from the provider at the time of this section shall be construed— ical communications in violation of sub- such notice; (1) to require the coverage of benefits section (a) shall be null and void. (D) is pregnant and undergoing a course of which would not have been covered if the treatment for the pregnancy from the pro- provider involved remained a participating Subpart D—Definitions vider at the time of such notice; or provider; or SEC. 1631. DEFINITIONS. (E) is or was determined to be terminally (2) with respect to the termination of a (a) INCORPORATION OF GENERAL DEFINI- ill (as determined under section contract under subsection (a) to prevent a TIONS.—Except as otherwise provided, the 1861(dd)(3)(A) of the Social Security Act) at group health plan or health insurance issuer provisions of section 2791 of the Public the time of such notice, but only with re- from requiring that the health care pro- Health Service Act shall apply for purposes spect to a provider that was treating the ter- vider— of this part in the same manner as they minal illness before the date of such notice. (A) notify participants, beneficiaries, or apply for purposes of title XXVII of such (b) TRANSITIONAL PERIODS.— enrollees of their rights under this section; Act. (1) SERIOUS AND COMPLEX CONDITIONS.—The or (b) SECRETARY.—Except as otherwise pro- transitional period under this subsection (B) provide the plan or issuer with the vided, the term ‘‘Secretary’’ means the Sec- with respect to a continuing care patient de- name of each participant, beneficiary, or en- retary of Health and Human Services, in con- scribed in subsection (a)(4)(A) shall extend rollee who the provider believes is a consultation with the Secretary of Labor and for up to 90 days (as determined by the treat- tinuing care patient. the term ‘‘appropriate Secretary’’ means the ing health care professional) from the date of (e) DEFINITIONS.—In this section: Secretary of Health and Human Services in the notice described in subsection (a)(3)(A). (1) CONTRACT.—The term ‘‘contract’’ in- relation to carrying out this part under sec- (2) INSTITUTIONAL OR INPATIENT CARE.—The cludes, with respect to a plan or issuer and a tions 2706 and 2751 of the Public Health Serv- transitional period under this subsection for treating health care provider, a contract be- ice Act and the Secretary of Labor in rela- a continuing care patient described in sub- tween such plan or issuer and an organized tion to carrying out this part under section section (a)(4)(B) shall extend until the ear- network of providers that includes the treat- 713 of the Employee Retirement Income Se- lier of— ing health care provider, and (in the case of curity Act of 1974. (A) the expiration of the 90-day period be- such a contract) the contract between the (c) ADDITIONAL DEFINITIONS.—For purposes ginning on the date on which the notice treating health care provider and the orga- of this part: under subsection (a)(3)(A) is provided; or nized network. (1) APPLICABLE AUTHORITY.—The term ‘‘ap- (B) the date of discharge of the patient (2) HEALTH CARE PROVIDER.—The term plicable authority’’ means— from such care or the termination of the pe- ‘‘health care provider’’ or ‘‘provider’’ (A) in the case of a group health plan, the riod of institutionalization, or, if later, the means— Secretary of Health and Human Services and date of completion of reasonable follow-up (A) any individual who is engaged in the the Secretary of Labor; and care. delivery of health care services in a State (B) in the case of a health insurance issuer (3) SCHEDULED NON-ELECTIVE SURGERY.— and who is required by State law or regula- with respect to a specific provision of this The transitional period under this subsection tion to be licensed or certified by the State part, the applicable State authority (as de- for a continuing care patient described in to engage in the delivery of such services in fined in section 2791(d) of the Public Health subsection (a)(4)(C) shall extend until the the State; and Service Act), or the Secretary of Health and completion of the surgery involved and post- (B) any entity that is engaged in the deliv- Human Services, if such Secretary is enforc- surgical follow-up care relating to the sur- ery of health care services in a State and ing such provision under section 2722(a)(2) or gery and occurring within 90 days after the that, if it is required by State law or regula- 2761(a)(2) of the Public Health Service Act. date of the surgery. tion to be licensed or certified by the State (2) ENROLLEE.—The term ‘‘enrollee’’ (4) PREGNANCY.—The transitional period to engage in the delivery of such services in means, with respect to health insurance cov- under this subsection for a continuing care the State, is so licensed. erage offered by a health insurance issuer, an patient described in subsection (a)(4)(D) shall (3) SERIOUS AND COMPLEX CONDITION.—The individual enrolled with the issuer to receive extend through the provision of post-partum term ‘‘serious and complex condition’’ such coverage. care directly related to the delivery. means, with respect to a participant, bene- (3) GROUP HEALTH PLAN.—The term ‘‘group (5) TERMINAL ILLNESS.—The transitional ficiary, or enrollee under the plan or cov- health plan’’ has the meaning given such period under this subsection for a continuing erage— term in section 733(a) of the Employee Re- care patient described in subsection (a)(4)(E) (A) in the case of an acute illness, a condi- tirement Income Security Act of 1974, except shall extend for the remainder of the pation that is serious enough to require spe- that such term includes a employee welfare tient’s life for care that is directly related to cialized medical treatment to avoid the rea- benefit plan treated as a group health plan

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13258 CONGRESSIONAL RECORD — SENATE December 15, 2009 under section 732(d) of such Act or defined as plan that is a non-Federal governmental with the patient protection requirement (or such a plan under section 607(1) of such Act. plan, a requirement that substantially com- requirements) to which the law relates. (4) HEALTH CARE PROFESSIONAL.—The term plies (within the meaning of subsection (c)) (B) STATE CHALLENGE.—A State that has a ‘‘health care professional’’ means an indi- with a patient protection requirement (as de- certification disapproved by the Secretary vidual who is licensed, accredited, or cer- fined in paragraph (3)) and does not prevent under subparagraph (A) may challenge such tified under State law to provide specified the application of other requirements under disapproval in the appropriate United States health care services and who is operating this subtitle (except in the case of other sub- district court. within the scope of such licensure, accredita- stantially compliant requirements), in ap- (C) DEFERENCE TO STATES.—With respect to tion, or certification. plying the requirements of this part under a certification submitted under paragraph (5) HEALTH CARE PROVIDER.—The term section 2720 and 2754 (as applicable) of the (1), the Secretary shall give deference to the ‘‘health care provider’’ includes a physician Public Health Service Act (as added by part State’s interpretation of the State law in- or other health care professional, as well as II), subject to subsection (a)(2)— volved and the compliance of the law with a an institutional or other facility or agency (A) the State law shall not be treated as patient protection requirement. that provides health care services and that is being superseded under subsection (a); and (D) PUBLIC NOTIFICATION.—The Secretary licensed, accredited, or certified to provide (B) the State law shall apply instead of the shall— health care items and services under applica- patient protection requirement otherwise (i) provide a State with a notice of the de- ble State law. applicable with respect to health insurance termination to approve or disapprove a cer- (6) NETWORK.—The term ‘‘network’’ means, coverage and non-Federal governmental tification under this paragraph; with respect to a group health plan or health plans. (ii) promptly publish in the Federal Reg- insurance issuer offering health insurance (2) LIMITATION.—In the case of a group ister a notice that a State has submitted a coverage, the participating health care pro- health plan covered under title I of the Em- certification under paragraph (1); fessionals and providers through whom the ployee Retirement Income Security Act of (iii) promptly publish in the Federal Reg- plan or issuer provides health care items and 1974, paragraph (1) shall be construed to ister the notice described in clause (i) with services to participants, beneficiaries, or en- apply only with respect to the health insur- respect to the State; and rollees. ance coverage (if any) offered in connection (iv) annually publish the status of all (7) NONPARTICIPATING.—The term ‘‘non- with the plan. States with respect to certifications. participating’’ means, with respect to a (3) DEFINITIONS.—In this section: (4) CONSTRUCTION.—Nothing in this sub- health care provider that provides health (A) PATIENT PROTECTION REQUIREMENT.— section shall be construed as preventing the care items and services to a participant, ben- The term ‘‘patient protection requirement’’ certification (and approval of certification) eficiary, or enrollee under group health plan means a requirement under this part, and in- of a State law under this subsection solely or health insurance coverage, a health care cludes (as a single requirement) a group or because it provides for greater protections provider that is not a participating health related set of requirements under a section for patients than those protections otherwise care provider with respect to such items and or similar unit under this part. required to establish substantial compliance. services. (B) SUBSTANTIALLY COMPLIANT.—The terms (5) PETITIONS.— (8) PARTICIPATING.—The term ‘‘partici- ‘‘substantially compliant’’, substantially (A) PETITION PROCESS.—Effective on the pating’’ means, with respect to a health care complies’’, or ‘‘substantial compliance’’ with date on which the provisions of this subtitle provider that provides health care items and respect to a State law, mean that the State become effective, as provided for in section services to a participant, beneficiary, or en- law has the same or similar features as the 1652, a group health plan, health insurance rollee under group health plan or health inpatient protection requirements and has a issuer, participant, beneficiary, or enrollee surance coverage offered by a health insur- similar effect. may submit a petition to the Secretary for ance issuer, a health care provider that fur- (c) DETERMINATIONS OF SUBSTANTIAL COM- an advisory opinion as to whether or not a nishes such items and services under a con- PLIANCE.— standard or requirement under a State law tract or other arrangement with the plan or (1) CERTIFICATION BY STATES.—A State may applicable to the plan, issuer, participant, issuer. submit to the Secretary a certification that beneficiary, or enrollee that is not the sub- (9) PRIOR AUTHORIZATION.—The term ‘‘prior a State law provides for patient protections ject of a certification under this subsection, authorization’’ means the process of obtain- that are at least substantially compliant is superseded under subsection (a)(1) because ing prior approval from a health insurance with one or more patient protection require- such standard or requirement prevents the issuer or group health plan for the provision ments. Such certification shall be accom- application of a requirement of this part. or coverage of medical services. panied by such information as may be re- (B) OPINION.—The Secretary shall issue an (10) TERMS AND CONDITIONS.—The term quired to permit the Secretary to make the advisory opinion with respect to a petition ‘‘terms and conditions’’ includes, with re- determination described in paragraph (2)(A). submitted under subparagraph (A) within the spect to a group health plan or health insur- (2) REVIEW.— 60-day period beginning on the date on which ance coverage, requirements imposed under (A) IN GENERAL.—The Secretary shall such petition is submitted. this part with respect to the plan or cov- promptly review a certification submitted erage. under paragraph (1) with respect to a State (d) DEFINITIONS.—For purposes of this sec- SEC. 1632. PREEMPTION; STATE FLEXIBILITY; law to determine if the State law substan- tion: CONSTRUCTION. tially complies with the patient protection (1) STATE LAW.—The term ‘‘State law’’ in- (a) CONTINUED APPLICABILITY OF STATE requirement (or requirements) to which the cludes all laws, decisions, rules, regulations, LAW WITH RESPECT TO HEALTH INSURANCE law relates. or other State action having the effect of ISSUERS.— (B) APPROVAL DEADLINES.— law, of any State. A law of the United States (1) IN GENERAL.—Subject to paragraph (2), (i) INITIAL REVIEW.—Such a certification is applicable only to the District of Columbia this part shall not be construed to supersede considered approved unless the Secretary no- shall be treated as a State law rather than a any provision of State law which establishes, tifies the State in writing, within 90 days law of the United States. implements, or continues in effect any after the date of receipt of the certification, (2) STATE.—The term ‘‘State’’ includes a standard or requirement solely relating to that the certification is disapproved (and the State, the District of Columbia, Puerto Rico, health insurance issuers (in connection with reasons for disapproval) or that specified ad- the Virgin Islands, Guam, American Samoa, group health insurance coverage or other- ditional information is needed to make the the Northern Mariana Islands, any political wise) except to the extent that such standard determination described in subparagraph subdivisions of such, or any agency or in- or requirement prevents the application of a (A). strumentality of such. requirement of this part. (ii) ADDITIONAL INFORMATION.—With re- SEC. 1633. REGULATIONS. (2) CONTINUED PREEMPTION WITH RESPECT TO spect to a State that has been notified by the GROUP HEALTH PLANS.—Nothing in this part Secretary under clause (i) that specified ad- The Secretaries of Health and Human shall be construed to affect or modify the ditional information is needed to make the Services and Labor shall issue such regula- provisions of section 514 of the Employee Re- determination described in subparagraph tions as may be necessary or appropriate to tirement Income Security Act of 1974 with (A), the Secretary shall make the determina- carry out this part. Such regulations shall be respect to group health plans. tion within 60 days after the date on which issued consistent with section 104 of Health (3) CONSTRUCTION.—In applying this sec- such specified additional information is re- Insurance Portability and Accountability tion, a State law that provides for equal ac- ceived by the Secretary. Act of 1996. Such Secretaries may promul- cess to, and availability of, all categories of (3) APPROVAL.— gate any interim final rules as the Secre- licensed health care providers and services (A) IN GENERAL.—The Secretary shall ap- taries determine are appropriate to carry out shall not be treated as preventing the appli- prove a certification under paragraph (1) un- this part. cation of any requirement of this part. less— SEC. 1634. INCORPORATION INTO PLAN OR COV- (b) APPLICATION OF SUBSTANTIALLY COMPLI- (i) the State fails to provide sufficient in- ERAGE DOCUMENTS. ANT STATE LAWS.— formation to enable the Secretary to make a (1) IN GENERAL.—In the case of a State law determination under paragraph (2)(A); or The requirements of this part with respect that imposes, with respect to health insur- (ii) the Secretary determines that the to a group health plan or health insurance ance coverage offered by a health insurance State law involved does not provide for pa- coverage are deemed to be incorporated into, issuer and with respect to a group health tient protections that substantially comply and made a part of, such plan or the policy,

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13259 certificate, or contract providing such cov- ed by section 1562, is further amended by retary, in the case of a claims denial shall be erage and are enforceable under law as if di- adding at the end the following new section: deemed compliance with subsection (a) with rectly included in the documentation of such ‘‘SEC. 716. PATIENT PROTECTION STANDARDS. respect to such claims denial.’’. (c) CONFORMING AMENDMENTS.—(1) Section plan or such policy, certificate, or contract. ‘‘(a) IN GENERAL.—Subject to subsection PART II—APPLICATION OF QUALITY CARE (b), a group health plan (and a health insur- 732(a) of such Act (29 U.S.C. 1185(a)) is amended by striking ‘‘section 711’’ and in- STANDARDS TO GROUP HEALTH PLANS ance issuer offering group health insurance serting ‘‘sections 711 and 716’’. AND HEALTH INSURANCE COVERAGE coverage in connection with such a plan) (2) The table of contents in section 1 of shall comply with the requirements of part I UNDER THE PUBLIC HEALTH SERVICE such Act is amended by inserting after the of subtitle H of title I of the Patient Protec- ACT item relating to section 715 the following tion and Affordable Care Act (as in effect as SEC. 1641. APPLICATION TO GROUP HEALTH new item: of the date of the enactment of such Act), PLANS AND GROUP HEALTH INSUR- ‘‘Sec. 716. Patient protection standards’’. ANCE COVERAGE. and such requirements shall be deemed to be (d) EFFECT ON COLLECTIVE BARGAINING (a) IN GENERAL.—Subpart 2 of part A of incorporated into this subsection. title XXVII of the Public Health Service Act, ‘‘(b) PLAN SATISFACTION OF CERTAIN RE- AGREEMENTS.—In the case of health insur- as amended by section 1001, is further QUIREMENTS.— ance coverage maintained pursuant to one or amended by adding at the end the following ‘‘(1) SATISFACTION OF CERTAIN REQUIRE- more collective bargaining agreements be- new section: MENTS THROUGH INSURANCE.—For purposes of tween employee representatives and one or more employers that was ratified before the ‘‘SEC. 2720. PATIENT PROTECTION STANDARDS. subsection (a), insofar as a group health plan provides benefits in the form of health insur- date of enactment of this title, the provi- ‘‘Each group health plan shall comply with sions of this section (and the amendments patient protection requirements under part I ance coverage through a health insurance issuer, the plan shall be treated as meeting made by this section) shall not apply until of subtitle H of title I of the Patient Protec- the date on which the last of the collective tion and Affordable Care Act, and each the following requirements of part I of subtitle H of title I of the Patient Protection bargaining agreements relating to the cov- health insurance issuer shall comply with erage terminates. Any coverage amendment patient protection requirements under such and Affordable Care Act with respect to such benefits and not be considered as failing to made pursuant to a collective bargaining part with respect to group health insurance agreement relating to the coverage which coverage it offers, and such requirements meet such requirements because of a failure of the issuer to meet such requirements so amends the coverage solely to conform to shall be deemed to be incorporated into this any requirement added by this section (or subsection.’’. long as the plan sponsor or its representatives did not cause such failure by the issuer: amendments) shall not be treated as a termi- (b) CONFORMING AMENDMENT.—Section ‘‘(A) Section 1611 (relating to choice of nation of such collective bargaining agree- 2721(b)(2)(A) of such Act (42 U.S.C. 300gg– ment. 21(b)(2)(A)) is amended by inserting ‘‘(other health care professional). ‘‘(B) Section 1612 (relating to access to SEC. 1652. EFFECTIVE DATE. than section 2720)’’ after ‘‘requirements of This subtitle (and the amendments made such subparts’’. emergency care). ‘‘(C) Section 1613 (relating to timely access by this subtitle) shall become effective for SEC. 1642. APPLICATION TO INDIVIDUAL HEALTH to specialists). plan years beginning on or after the date INSURANCE COVERAGE. ‘‘(D) Section 1614 (relating to access to pe- that is 6 months after the date of enactment Part B of title XXVII of the Public Health diatric care). of this Act. Service Act is amended by inserting after ‘‘(E) Section 1615 (relating to patient ac- section 2753 the following new section: SA 3220. Mr. RISCH submitted an cess to obstetrical and gynecological care). ‘‘SEC. 2754. PATIENT PROTECTION STANDARDS. ‘‘(F) Section 1616 (relating to continuity of amendment intended to be proposed to ‘‘Each health insurance issuer shall com- care), but only insofar as a replacement amendment SA 2786 proposed by Mr. ply with patient protection requirements issuer assumes the obligation for continuity REID (for himself, Mr. BAUCUS, Mr. under part I of subtitle H of title I of the Pa- of care. DODD, and Mr. HARKIN) to the bill H.R. tient Protection and Affordable Care Act ‘‘(2) APPLICATION TO PROHIBITIONS.—Pursu- 3590, to amend the Internal Revenue with respect to individual health insurance ant to rules of the Secretary, if a health in- Code of 1986 to modify the first-time coverage it offers, and such requirements surance issuer offers health insurance cov- shall be deemed to be incorporated into this homebuyers credit in the case of mem- erage in connection with a group health plan bers of the Armed Forces and certain subsection.’’. and takes an action in violation of section SEC. 1643. COOPERATION BETWEEN FEDERAL 1621 of the Patient Protection and Affordable other Federal employees, and for other AND STATE AUTHORITIES. Care Act (relating to prohibition of inter- purposes; which was ordered to lie on Part C of title XXVII of the Public Health ference with certain medical communica- the table; as follows: Service Act (42 U.S.C. 300gg–91 et seq.), as tions), the group health plan shall not be lia- Beginning on page 182, strike line 20 and amended by section 1002, is further amended ble for such violation unless the plan caused all that follows through line 4 on page 183, by adding at the end the following: such violation. and insert the following: ‘‘SEC. 2795. COOPERATION BETWEEN FEDERAL ‘‘(3) CONSTRUCTION.—Nothing in this sub- (3) STATE OPTION TO OPT-OUT OF NEW FED- AND STATE AUTHORITIES. section shall be construed to affect or modify ERAL PROGRAM AND REQUIREMENTS.— ‘‘(a) AGREEMENT WITH STATES.—A State the responsibilities of the fiduciaries of a (A) IN GENERAL.—In accordance with this may enter into an agreement with the Sec- group health plan under part 4 of subtitle B. paragraph, a State may elect for the provi- retary for the delegation to the State of ‘‘(4) TREATMENT OF SUBSTANTIALLY COMPLI- sions of this Act to not apply within such some or all of the Secretary’s authority ANT STATE LAWS.—For purposes of applying State to the extent that such provisions vio- under this title to enforce the requirements this subsection, any reference in this sub- late the protections described in subpara- applicable under part I of subtitle H of title section to a requirement in a section or graph (B). I of the Patient Protection and Affordable other provision in subtitle H of title I of the (B) EFFECT OF OPT-OUT.—In the case of a Care Act with respect to health insurance Patient Protection and Affordable Care Act State that makes an election under subpara- coverage offered by a health insurance issuer with respect to a health insurance issuer is graph (A)— and with respect to a group health plan that deemed to include a reference to a require- (i) the residents of such State shall not be is a non-Federal governmental plan. ment under a State law that substantially subject to any requirement under this Act, ‘‘(b) DELEGATIONS.—Any department, agen- complies (as determined under section 1632(c) including tax provisions or penalties, that cy, or instrumentality of a State to which of such Act) with the requirement in such would otherwise require such residents to authority is delegated pursuant to an agree- section or other provisions. purchase health insurance; ment entered into under this section may, if ‘‘(c) CONFORMING REGULATIONS.—The Sec- (ii) the employers located in such State authorized under State law and to the extent retary shall issue regulations to coordinate shall not be subject to any requirement consistent with such agreement, exercise the the requirements on group health plans and under this Act, including tax provisions or powers of the Secretary under this title health insurance issuers under this section penalties, that would otherwise require such which relate to such authority.’’. with the requirements imposed under the employers to provide health insurance to PART III—AMENDMENTS TO THE EM- other provisions of this title.’’. their employees or make contributions relat- PLOYEE RETIREMENT INCOME SECU- (b) SATISFACTION OF ERISA CLAIMS PROCE- ing to health insurance; RITY ACT OF 1974 DURE REQUIREMENT.—Section 503 of such Act (iii) the residents of such State shall not be (29 U.S.C. 1133) is amended by inserting ‘‘(a)’’ prohibited under this Act from receiving SEC. 1651. APPLICATION OF PATIENT PROTEC- after ‘‘SEC. 503.’’ and by adding at the end health care services from any provider of TION STANDARDS TO GROUP HEALTH PLANS AND GROUP HEALTH the following new subsection: health care services under terms and condi- INSURANCE COVERAGE UNDER THE ‘‘(b) In the case of a group health plan (as tions subject to the laws of such State and EMPLOYEE RETIREMENT INCOME defined in section 733) compliance with the mutually acceptable to the patient and the SECURITY ACT OF 1974. requirements of subpart A of part I of sub- provider; (a) IN GENERAL.—Subpart B of part 7 of title H of title I of the Patient Protection (iv) the residents of such State shall not be subtitle B of title I of the Employee Retire- and Affordable Care Act, and compliance prohibited under this Act from entering into ment Income Security Act of 1974, as amend- with regulations promulgated by the Sec- a contract subject to the laws of such State

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13260 CONGRESSIONAL RECORD — SENATE December 15, 2009 with any group health plan, health insurance Health, sponsors of clinical research may as amended by section 2002(b), is amended by issuer, or other business, for the provision of, provide payments to trial participants for inserting ‘‘(e)(15),’’ before ‘‘(l)(3)’’. or payment to other parties for, health care out-of-pocket costs associated with trial en- (4) EFFECTIVE DATE.—The amendments services; rollment and for the time and commitment made by this section shall take effect on the (v) the eligibility of residents of such State demanded by those who participate in a date that is the earlier of— for any program operated by or funded whol- study. When offering compensation, clinical (A) the effective date of final regulations ly or partly by the Federal Government shall trial sponsors are required to provide such promulgated by the Commissioner of Social not be adversely affected as a result of hav- payments to all participants. Security to carry out this section and such ing received services in a manner consistent (4) The offer of payment for research par- amendments; or with clauses (iii) and (iv); ticipation may pose a barrier to trial enroll- (B) 180 days after the date of enactment of (vi) the health care providers within such ment when such payments threaten the eli- this Act. State shall not be denied participation in or gibility of clinical trial participants for Sup- (5) SUNSET PROVISION.—This section and payment from a Federal program for which plemental Security Income and Medicaid the amendments made by this section are re- they would otherwise be eligible as a result benefits. pealed on the date that is 5 years after the of having provided services in a manner con- (5) With a small number of potential trial date of the enactment of this Act. sistent with clauses (iii) and (iv); and participants and the possible loss of Supple- (c) STUDY AND REPORT.— (vii) States that elect to opt out shall not mental Security Income and Medicaid bene- (1) STUDY.—Not later than 36 months after be subject to the taxes and fees enumerated fits for many who wish to participate, clin- the effective date of this section, the Comp- in the amendments made by title IX. ical trial research for rare diseases and con- troller General of the United States shall (C) PROCESS.— ditions becomes exceptionally difficult and conduct a study to evaluate the impact of (i) IN GENERAL.—A State shall be treated as may hinder research on new treatments and this section on enrollment of individuals who making an election under subparagraph (a) potential cures for these rare diseases and receive Supplemental Security Income bene- if— conditions. fits under title XVI of the Social Security (I) the Governor of such State provides (b) EXCLUSION FOR COMPENSATION FOR PAR- Act (referred to in this section as ‘‘SSI bene- timely and appropriate notice to the Sec- TICIPATION IN CLINICAL TRIALS FOR RARE DIS- ficiaries’’) in clinical trials for rare diseases retary of Health and Human Services noti- EASES OR CONDITIONS.— or conditions. Such study shall include an fying the Secretary that the State is making (1) EXCLUSION FROM INCOME.—Section analysis of the following: 1612(b) of the Social Security Act (42 U.S.C. such election; or (A) The percentage of enrollees in clinical 1382a(b)) is amended— (II) such State enacts a law making such trials for rare diseases or conditions who (A) by striking ‘‘and’’ at the end of para- election. were SSI beneficiaries during the 3-year pe- graph (24); riod prior to the effective date of this section Such notice shall be provided at least 180 (B) by striking the period at the end of as compared to such percentage during the 3- days before the election is to become effec- paragraph (25) and inserting ‘‘; and’’; and year period after the effective date of this tive. (C) by adding at the end the following: section. (ii) REVOCATION OF ELECTION.—A State ‘‘(26) the first $2,000 received during a cal- (B) The range and average amount of com- shall be treated as revoking an election endar year by such individual (or such pensation provided to SSI beneficiaries who made by the State under subparagraph (A) spouse) as compensation for participation in participated in clinical trials for rare dis- if— a clinical trial involving research and test- (I) the Governor of such State provides ing of treatments for a rare disease or condi- eases or conditions. timely and appropriate notice to the Sec- tion (as defined in section 5(b)(2) of the Or- (C) The overall ability of SSI beneficiaries retary of Health and Human Services of such phan Drug Act), but only if the clinical to participate in clinical trials. revocation; or trial— (D) Any additional related matters that (II) such State repeals a law described in ‘‘(A) has been reviewed and approved by an the Comptroller General determines appro- subparagraph (i)(II). institutional review board that is estab- priate. (2) REPORT.—Not later than 12 months Such notice of revocation shall be provided lished— after completion of the study conducted at least 180 days before the date the revoca- ‘‘(i) to protect the rights and welfare of under paragraph (1), the Comptroller General tion is to become effective. As of such effec- human subjects participating in scientific shall submit to Congress a report containing tive date the State and the residents, em- research; and the results of such study, together with rec- ployers, and health insurance issuers of such ‘‘(ii) in accord with the requirements under ommendations for such legislation and ad- State, shall be treated as if the election part 46 of title 45, Code of Federal Regula- ministrative action as the Comptroller Gen- under subparagraph (A) had not been made. tions; and ‘‘(B) meets the standards for protection of eral determines appropriate. SA 3221. Mr. WYDEN (for himself and human subjects as provided under part 46 of SA 3222. Mr. FEINGOLD submitted Mr. DURBIN) submitted an amendment title 45, Code of Federal Regulations.’’. an amendment intended to be proposed intended to be proposed to amendment (2) EXCLUSION FROM RESOURCES.—Section 1613(a) of the Social Security Act (42 U.S.C. to amendment SA 2786 proposed by Mr. SA 2786 proposed by Mr. REID (for him- 1382b(a)) is amended— REID (for himself, Mr. BAUCUS, Mr. self, Mr. BAUCUS, Mr. DODD, and Mr. (A) by striking ‘‘and’’ at the end of para- DODD, and Mr. HARKIN) to the bill H.R. HARKIN) to the bill H.R. 3590, to amend graph (15); 3590, to amend the Internal Revenue the Internal Revenue Code of 1986 to (B) by striking the period at the end of Code of 1986 to modify the first-time modify the first-time homebuyers cred- paragraph (16) and inserting ‘‘; and’’; and homebuyers credit in the case of mem- it in the case of members of the Armed (C) by inserting after paragraph (16) the bers of the Armed Forces and certain Forces and certain other Federal em- following: other Federal employees, and for other ployees, and for other purposes; which ‘‘(17) any amount received by such individual (or such spouse) which is excluded purposes; which was ordered to lie on was ordered to lie on the table; as fol- from income under section 1612(b)(26) (relat- the table; as follows: lows: ing to compensation for participation in a On page 1525, between lines 21 and 22, insert On page 1203, between lines 16 and 17, insert clinical trial involving research and testing the following: the following: of treatments for a rare disease or condi- (iv) USE OF EXISTING DATA AND STATISTICS SEC. 4109. IMPROVING ACCESS TO CLINICAL tion).’’. AND NEW DATA AND METHODOLOGIES.—In car- TRIALS. (3) MEDICAID EXCLUSION.— rying out the responsibilities described in (a) FINDINGS.—Congress finds the fol- (A) IN GENERAL.—Section 1902(e) of the So- subclauses (I) through (III) of clause (iii), the lowing: cial Security Act (42 U.S.C. 1396a(e)), as Institute designated under clause (i)(II) shall (1) Advances in medicine depend on clinical amended by section 2002(a), is amended by identify, select, and incorporate existing trial research conducted at public and pri- adding at the end the following: data and statistics as well as new data and vate research institutions across the United ‘‘(15) EXCLUSION OF COMPENSATION FOR PAR- methodologies that would synthesize, ex- States. TICIPATION IN A CLINICAL TRIAL FOR TESTING pand, augment, improve, and modernize sta- (2) The challenges associated with enroll- OF TREATMENTS FOR A RARE DISEASE OR CONDI- tistical measures to provide more accurate, ing participants in clinical research studies TION.—The first $2,000 received by an indi- transparent, coherent, and comprehensive are especially difficult for studies that vidual (who has attained 19 years of age) as assessments. evaluate treatments for rare diseases and compensation for participation in a clinical conditions (defined by the Orphan Drug Act trial meeting the requirements of section SA 3223. Mr. CRAPO submitted an as a disease or condition affecting fewer than 1612(b)(26) shall be disregarded for purposes amendment intended to be proposed to 200,000 Americans), where the available num- of determining the income eligibility of such ber of willing and able research participants individual for medical assistance under the amendment SA 2786 proposed by Mr. may be very small. State plan or any waiver of such plan.’’. REID (for himself, Mr. BAUCUS, Mr. (3) In accordance with ethical standards es- (B) CONFORMING AMENDMENT.—Section DODD, and Mr. HARKIN) to the bill H.R. tablished by the National Institutes of 1902(a)(17) of such Act (42 U.S.C. 1396a(a)(17)), 3590, to amend the Internal Revenue

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13261 Code of 1986 to modify the first-time (2) by adding at the end the following new amount that the State would have paid for homebuyers credit in the case of mem- subsection: each dosage form and strength of such drug bers of the Armed Forces and certain ‘‘(cc) For purposes of section 1905(b)(5), the under the State plan or waiver under this amounts described in this subsection are the other Federal employees, and for other title during such rebate period if the State following: were the sole payer for such dosage form and purposes; which was ordered to lie on ‘‘(1)(A) The portion of the amounts ex- strength of such drug.’’. the table; as follows: pended for medical assistance for services de- On page 553, between lines 14 and 15, insert scribed in section 1902(a)(13)(C) furnished on SA 3225. Mr. LEMIEUX submitted an the following: or after January 1, 2010, that is attributable amendment intended to be proposed to SEC. 2721. INCREASED PAYMENTS TO PRIMARY to the amount by which the minimum pay- amendment SA 2786 proposed by Mr. ment rate required under such section (or, by CARE PRACTITIONERS UNDER MED- REID (for himself, Mr. BAUCUS, Mr. ICAID. application, section 1932(f)) exceeds the payment rate applicable to such services under DODD, and Mr. HARKIN) to the bill H.R. (a) IN GENERAL.— 3590, to amend the Internal Revenue (1) FEE-FOR-SERVICE PAYMENTS.—Section the State plan as of June 16, 2009. 1902 of the Social Security Act (42 U.S.C. ‘‘(B) Subparagraph (A) shall not be con- Code of 1986 to modify the first-time 1396b), as amended by section 2001(b)(2), is strued as preventing the payment of Federal homebuyers credit in the case of mem- amended— financial participation based on the Federal bers of the Armed Forces and certain (A) in subsection (a)(13)— medical assistance percentage for amounts other Federal employees, and for other (i) by striking ‘‘and’’ at the end of subpara- in excess of those specified under such sub- purposes; which was ordered to lie on graph (A); paragraph.’’. the table; as follows: (ii) by adding ‘‘and’’ at the end of subpara- (c) EFFECTIVE DATE.—The amendments At the appropriate place in title VI, insert graph (B); and made by this section shall apply to services the following: (iii) by adding at the end the following new furnished on or after January 1, 2010. subparagraph: SEC. ll. ESTABLISHMENT OF OFFICE OF DEP- UTY SECRETARY FOR HEALTH CARE ‘‘(C) payment for primary care services (as SA 3224. Mr. CRAPO submitted an amendment intended to be proposed to FRAUD PREVENTION IN THE DE- defined in subsection (hh)(1)) furnished by PARTMENT OF HEALTH AND HUMAN physicians (or for services furnished by other amendment SA 2786 proposed by Mr. SERVICES; APPOINTMENT AND POW- health care professionals that would be pri- REID (for himself, Mr. BAUCUS, Mr. ERS OF DEPUTY SECRETARY. mary care services under such section if fur- DODD, and Mr. HARKIN) to the bill H.R. (a) IN GENERAL.—There is hereby estab- nished by a physician) at a rate not less than 3590, to amend the Internal Revenue lished in the Department of Health and 80 percent of the payment rate that would be Code of 1986 to modify the first-time Human Services the Office of the Deputy applicable if the adjustment described in homebuyers credit in the case of mem- Secretary for Health Care Fraud Prevention subsection (hh)(2) were to apply to such serv- bers of the Armed Forces and certain (referred to in this section as the ‘‘Office’’). ices and physicians or professionals (as the (b) DUTIES OF THE OFFICE.—The Office case may be) under part B of title XVIII for other Federal employees, and for other shall— services furnished in 2010, 90 percent of such purposes; which was ordered to lie on (1) direct the appropriate implementation adjusted payment rate for services and phy- the table; as follows: within the Department of Health and Human sicians (or professionals) furnished in 2011, or On page 510, between lines 9 and 10, insert Services of health care fraud prevention and 100 percent of such adjusted payment rate for the following: detection recommendations made by Federal services and physicians (or professionals) SEC. 2504. SUBMISSION OF DATA FOR PHYSICIAN Government and private sector antifraud and furnished in 2012 and each subsequent year;’’; ADMINISTERED DRUGS. oversight entities; and (a) EXTENSION FOR IMPLEMENTATION OF RE- (2) routinely consult with the Office of the (B) by adding at the end the following new QUIREMENT FOR HOSPITALS TO SUBMIT UTILI- Inspector General for the Department of subsection: ZATION DATA.—Section 1927(a)(7) of the So- Health and Human Services, the Attorney ‘‘(hh) INCREASED PAYMENT FOR PRIMARY cial Security Act (42 U.S.C. 1396r–8(a)(7)) is General, and private sector health care anti- CARE SERVICES.—For purposes of subsection amended— fraud entities to identify emerging health (a)(13)(C): (1) in subparagraph (A), by inserting ‘‘in care fraud issues requiring immediate action ‘‘(1) PRIMARY CARE SERVICES DEFINED.—The non-hospital settings and on or after August by the Office; term ‘primary care services’ means evalua- 1, 2010, in hospitals’’ after ‘‘January 1, 2006,’’; (3) through a fixed fee for implementation tion and management services, without re- (2) in subparagraph (B)(ii), by inserting ‘‘in and maintenance plus results-based contin- gard to the specialty of the physician fur- non-hospital settings and on or after August gency fee contract entered into with an enti- nishing the services, that are procedure 1, 2010, in hospitals’’ after ‘‘January 1, 2008,’’; ty that has experience in designing and im- codes (for services covered under title XVIII) and plementing antifraud systems in the finan- for services in the category designated Eval- (3) in subparagraph (C), by inserting ‘‘(Au- cial sector and experience and knowledge of uation and Management in the Health Care gust 1, 2010, in the case of hospital informa- the various service delivery and reimburse- Common Procedure Coding System (estab- tion),’’ after ‘‘January 1, 2007,’’. ment models of Federal health programs, lished by the Secretary under section (b) PROPORTIONAL REBATES FOR DUAL ELI- provide for the design, development, and op- 1848(c)(5) as of December 31, 2009, and as sub- GIBLE CLAIMS.—Section 1927(a)(7) of the So- eration of a predictive model antifraud sys- sequently modified by the Secretary). cial Security Act (42 U.S.C. 1396r–8)(a)(7)) is tem (in accordance with subsection (d)) to ‘‘(2) ADJUSTMENT.—The adjustment de- amended by adding at the end the following analyze health care claims data in real-time scribed in this paragraph is the substitution new subparagraph: to identify high risk claims activity, develop of 1.25 percent for the update otherwise pro- ‘‘(E) TEMPORARY ADJUSTMENT TO REBATE appropriate rules, processes, and procedures vided under section 1848(d)(4) for each year CALCULATION FOR DUAL ELIGIBLE CLAIMS.— and investigative research approaches, in co- beginning with 2010.’’. Only with respect to claims for rebates sub- ordination with the Office of the Inspector (2) UNDER MEDICAID MANAGED CARE PLANS.— mitted by States to manufacturers during General for the Department of Health and Section 1932(f) of such Act (42 U.S.C. 1396u– the 2-year period that begins on the date of Human Services, based on the risk level as- 2(f)) is amended— enactment of this subparagraph, for purposes signed to claims activity, and develop a com- (A) in the heading, by adding at the end of calculating the amount of rebate under prehensive antifraud database for health the following: ‘‘; ADEQUACY OF PAYMENT FOR subsection (c) for a rebate period for a cov- care activities carried out or managed by PRIMARY CARE SERVICES’’; and ered outpatient drug for which payment is Federal health agencies; (B) by inserting before the period at the made under a State plan or waiver under this (4) promulgate and enforce regulations re- end the following: ‘‘and, in the case of pri- title and under part B of title XVIII, the lating to the reporting of data claims to the mary care services described in section total number of units reported by the State health care antifraud system developed 1902(a)(13)(C), consistent with the minimum of each dosage form and strength of each under paragraph (3) by all Federal health payment rates specified in such section (re- such drug paid for under the State plan or agencies; gardless of the manner in which such pay- waiver under this title during such rebate (5) establish thresholds, in consultation ments are made, including in the form of period is deemed to be equal to the product with the Office of the Inspector General of capitation or partial capitation)’’. of— the Department of Health and Human Serv- (b) INCREASED FMAP.—Section 1905 of such ‘‘(i) such total number of units of such ices and the Department of Justice— Act (42 U.S.C. 1396d), as amended by sections drug for which payment is made under the (A) for the amount and extent of claims 2006 and 4107(a)(2), is amended State plan or waiver under this title and verified and designated as fraudulent, waste- (1) in the first sentence of subsection (b), under part B of title XVIII; and ful, or abusive through the fraud prevention by striking ‘‘and’’ before ‘‘(4)’’ and by insert- ‘‘(ii) the proportion (expressed as a per- system developed under paragraph (3) for ex- ing before the period at the end the fol- centage) that the amount the State paid for cluding providers or suppliers from partici- lowing: ‘‘, and (5) 100 percent for periods be- each dosage form and strength of such drug pation in Federal health programs; and ginning with 2015 with respect to amounts under the State plan or waiver under this (B) for the referral of claims identified described in subsection (cc)’’; and title during such rebate period bears to the through the health care fraud prevention

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13262 CONGRESSIONAL RECORD — SENATE December 15, 2009 system developed under paragraph (3) to law Office of Inspector General of the Depart- dictive models that have a comprehensive enforcement entities (such as the Office of ment of Health and Human Services or the view of provider activity across all payers the Inspector General, Medicaid Fraud Con- Attorney General. (and markets). trol Units, and the Department of Justice); (5) REGULATIONS.—The Deputy Secretary (E) MARKET VIEW.—The fraud prevention and shall promulgate and enforce such rules, reg- system shall ensure that claims data from (6) share antifraud information and best ulations, orders, and interpretations as the Federal health programs and all markets practices with Federal health agencies, Deputy Secretary determines to be necessary flows through a central source so the waste, health insurance issuers, health care pro- to carry out the purposes of this section. fraud, and abuse system can look across all viders, antifraud organizations, antifraud Such authority shall be exercised as provided markets and geographies in health care to databases, and Federal, State, and local law under section 553 of title 5, United States identify fraud and abuse in Medicare, Med- enforcement and regulatory agencies. Code. icaid, the State Children’s Health Program, (c) DEPUTY SECRETARY FOR HEALTH CARE (d) HEALTH CARE FRAUD PREVENTION SYS- TRICARE, and the Department of Veterans FRAUD PREVENTION.— TEM.— Affairs, holistically. Such cross-market visi- (1) ESTABLISHMENT.—There is established (1) IN GENERAL.—The fraud prevention sys- bility shall identify unusual provider and pa- within the Department of Health and Human tem established under subsection (b)(3) shall tient behavior patterns and fraud and abuse Services the position of Deputy Secretary for be designed as follows: schemes that may not be identified by look- Health Care Fraud Prevention (referred to in (A) IN GENERAL.—The fraud prevention sys- ing independently at one Federal payer’s this section as the ‘‘Deputy Secretary’’). The tem shall— transactions. Deputy Secretary shall serve as the head of (i) be holistic; (F) BEHAVIOR ENGINE.—The fraud preven- the Office, shall act as the chief health care (ii) be able to view all provider and patient tion system shall ensure that the technology fraud prevention and detection officer of the activities across all Federal health program used provides real-time ability to identify United States, and shall consider and direct payers; high-risk behavior patterns across markets, the appropriate implementation of rec- (iii) be able to integrate into the existing geographies, and specialty group providers to ommendations to prevent and detect health health care claims flow with minimal effort, detect waste, fraud, and abuse, and to iden- care fraud, waste, and abuse activities and time, and cost; tify providers that exhibit unusual behavior initiatives within the Department. (iv) be modeled after systems used in the patterns. Behavior pattern technology that (2) APPOINTMENT.—The Deputy Secretary Financial Services industry; and provides the capability to compare a pro- shall be appointed by the President, by and (v) utilize integrated real-time transaction vider’s current behavior to their own past with the advice and consent of the Senate, risk scoring and referral strategy capabili- behavior and to compare a provider’s current and serve for a term of 5 years, unless re- ties to identify claims that are statistically behavior to that of other providers in the moved prior to the end of such term for unusual. same specialty group and geographic loca- cause by the President. (B) MODULARIZED ARCHITECTURE.—The tion shall be used in order to provide a com- (3) POWERS.—Subject to oversight by the fraud prevention system shall be designed prehensive waste, fraud, and abuse preven- Secretary, the Deputy Secretary shall exer- from an end-to-end modularized perspective tion solution. cise all powers necessary to carry out this to allow for ease of integration into multiple (G) PREDICTIVE MODEL.—The fraud preven- section, including the hiring of staff, enter- points along a health care claim flow (pre- or tion system shall involve the implementa- ing into contracts, and the delegation of re- post-adjudication), which shall— tion of a statistically sound, empirically de- sponsibilities to any employee of the Depart- (i) utilize a single entity to host, support, rived predictive modeling technology that is ment of Health and Human Services or the manage, and maintain software-based serv- designed to prevent (versus post-payment de- Office appropriately designated for such re- ices, predictive models, and solutions from a tect) waste, fraud, and abuse. Such preven- sponsibility. central location for the customers who action system shall utilize historical trans- (4) DUTIES.— cess the fraud prevention system; action data, from across all Federal health (A) IN GENERAL.—The Deputy Secretary (ii) allow access through a secure private programs and markets, to build and re-de- shall— data connection rather than the installation velop scoring models, have the capability to (i) establish and manage the operation of of software in multiple information tech- incorporate external data and external mod- the predictive modeling system developed nology infrastructures (and data facilities); els from other sources into the health care under subsection (b)(3) to analyze Federal (iii) provide access to the best and latest predictive waste, fraud, and abuse model, health claims in real-time to identify high software without the need for upgrades, data and provide for a feedback loop to provide risk claims activity and refer risky claims security, and costly installations; outcome information on verified claims so for appropriate verification and investiga- (iv) permit modifications to the software future system enhancements can be devel- tive research; and system edits in a rapid and timely man- oped based on previous claims experience. (ii) consider and order the appropriate im- ner; (H) CHANGE CONTROL.—The fraud preven- plementation of fraud prevention and detec- (v) ensure that all technology and decision tion system platform shall have the infra- tion activities, such as those recommended components reside within the module; and structure to implement new models and at- by the Office of the Inspector General of the (vi) ensure that the third party host of the tributes in a test environment prior to mov- Department of Health and Human Services, modular solution is not a party, payer, or ing into a production environment. Capabili- the Government Accountability Office, stakeholder that reports claims data, ac- ties shall be developed to quickly make MedPac, and private sector health care anti- cesses the results of the fraud prevention changes to models, attributes, or strategies fraud entities; systems analysis, or is otherwise required to react to changing patterns in waste, (iii) not later than 6 months after the date under this section to verify, research, or in- fraud, and abuse. on which he or she is initially appointed, vestigate the risk of claims. (I) SCORING ENGINE.—The fraud prevention submit to Congress an implementation plan (C) PROCESSING, SCORING, AND STORAGE.— system shall identify high-risk claims by for the health care fraud prevention systems The platform of the fraud prevention system scoring all such claims on a real-time capac- under subsection (d); and shall be a high volume, rapid, real-time in- ity prior to payment. Such scores shall then (iv) submit annual performance reports to formation technology solution, which in- be communicated to the fraud management the Secretary and Congress that, at min- cludes data pooling, data storage, and scor- system provided for under subparagraph (J). imum, shall provide an estimate of the re- ing capabilities to quickly and accurately (J) FRAUD MANAGEMENT SYSTEM.—The turn on investment with respect to the sys- capture and evaluate data from millions of fraud prevention system shall utilize a fraud tem, for all recommendations made to the claims per day. Such platform shall be se- management system, that contains workflow Deputy Secretary under this section, a de- cure and have (at a minimum) data centers management and workstation tools to pro- scription of whether such recommendations that comply with Federal and State privacy vide the ability to systematically present are implemented or not implemented, and laws. scores, reason codes, and treatment actions contain other relevant performance metrics. (D) DATA CONSORTIUM.—The fraud preven- for high-risk scored transactions. The fraud (B) ANALYSIS AND RECOMMENDATIONS.—The tion system shall provide for the establish- prevention system shall ensure that analysts Deputy Secretary shall provide required ment of a centralized data file (referred to as who review claims have the capability to ac- strategies and treatments for claims identi- a ‘‘consortium’’) that accumulates data from cess, review, and research claims efficiently, fied as high risk (including a system of des- all government health insurance claims data as well as decline or approve claims (pay- ignations for claims, such as ‘‘approve’’, ‘‘de- sources. Notwithstanding any other provi- ments) in an automated manner. Workflow cline’’, ‘‘research’’, and ‘‘educate and pay’’) sion of law, Federal health care payers shall management under this subparagraph shall to the Centers for Medicare & Medicaid Serv- provide to the consortium existing claims be combined with the ability to utilize prin- ices, other Federal and State entities respon- data, such as Medicare’s ‘‘Common Working ciples of experimental design to compare and sible for verifying whether claims identified File’’ and Medicaid claims data, for the pur- measure prevention and detection rates be- as high risk are payable, should be automati- pose of fraud and abuse prevention. Such ac- tween test and control strategies. Such cally denied, or require further research and cumulated data shall be transmitted and strategy testing shall allow for continuous investigation. stored in an industry standard secure data improvement and maximum effectiveness in (C) LIMITATION.—The Deputy Secretary environment that complies with applicable keeping up with ever changing fraud and shall not have any criminal or civil enforce- Federal privacy laws for use in building med- abuse patterns. Such system shall provide ment authority otherwise delegated to the ical waste, fraud, and abuse prevention pre- the capability to test different treatments or

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Not later than 5 years after such members, contractors or other interested random digit assignments). date of enactment, the Deputy Secretary parties of the provider or supplier; and (K) DECISION TECHNOLOGY.—The fraud pre- shall ensure that such system is fully (C) any additional national background vention system shall have the capability to phased-in and applicable to all Federal checks regarding exclusion from participa- monitor consumer transactions in real-time health program claims. tion in Federal health programs (such as the and monitor provider behavior at different (4) NON-PAYMENT OF CLAIMS.—The Deputy program under titles XVIII, XIX, or XXI of stages within the transaction flow based Secretary shall promulgate regulations to the Social Security Act), including convic- upon provider, transaction and consumer prohibit the payment of any health care tion of any felony, crime that involves an trends. The fraud prevention system shall claim that has been identified as potentially act of fraud or false statement, adverse ac- provide for the identification of provider and ‘‘fraudulent’’, ‘‘wasteful’’, or ‘‘abusive’’ until tions taken by State licensing boards, bank- claims excessive usage patterns and trends such time as the claim has been verified as ruptcies, outstanding taxes, or other indica- that differ from similar peer groups, have valid. tions identified by the Inspector General of the capability to trigger on multiple cri- (5) APPLICATION.—The system under this the Department of Health and Human Serv- teria, such as predictive model scores or cus- section shall only apply to Federal health ices are necessary. tom attributes, and be able to segment programs (all such programs), including pro- (4) LIMITATION.—No payment may be made transaction waste, fraud, and abuse into grams established after the date of enact- to a provider of services or supplier under multiple types for health care categories and ment of this Act. any Federal health program if such provider business types. (6) REGULATIONS.—The Deputy Secretary or supplier fails to obtain a satisfactory (L) FEEDBACK LOOP.—The fraud prevention shall promulgate regulations providing the background check under this subsection. system shall have a feedback loop where all maximum appropriate protection of personal (5) FEDERAL HEALTH PROGRAM.—In this sub- Federal health payers provide pre-payment privacy consistent with carrying out the Of- section, the term ‘‘Federal health program’’ and post-payment information about the fice’s responsibilities under this section. means any program that provides Federal eventual status of a claim designated as (e) PROTECTING PARTICIPATION IN HEALTH payments or reimbursements to providers of ‘‘Normal’’, ‘‘Waste’’, ‘‘Fraud’’, ‘‘Abuse’’, or CARE ANTIFRAUD PROGRAMS.— health-related items or services, or suppliers ‘‘Education Required’’. Such feedback loop (1) IN GENERAL.—Notwithstanding any of such items, for the provision of such items shall enable Federal health agencies to other provision of law, no person providing or services to an individual patient. measure the actual amount of waste, fraud, information to the Secretary under this sec- and abuse as well as the savings in the sys- (g) USE OF SAVINGS.—Notwithstanding any tion shall be held, by reason of having pro- tem and provide the ability to retrain future, other provision on law, amounts remaining vided such information, to have violated any enhanced models. Such feedback loop shall at the end of a fiscal year in the account for criminal law, or to be civilly liable under be an industry file that contains information any Federal health program to which this any law of the United States or of any State on previous fraud and abuse claims as well as section applies that the Secretary of Health (or political subdivision thereof) unless such abuse perpetrated by consumers, providers, information is false and the person providing and Human Services determines are remain- and fraud rings, to be used to alert other it knew, or had reason to believe, that such ing as a result of the fraud prevention activi- payers, as well as for subsequent fraud and information was false. ties applied under this section shall remain abuse solution development. (2) CONFIDENTIALITY.—The Office shall, in such account and be used for such pro- (M) TRACKING AND REPORTING.—The fraud gram for the next fiscal year. prevention system shall ensure that the in- through the promulgation of regulations, es- frastructure exists to ascertain system, tablish standards for— (h) DEFINITION.—The term ‘‘Federal health strategy, and predictive model return on in- (A) the protection of confidential informa- agency’’ means the Department of Health vestment. Dynamic model validation and tion submitted or obtained with regard to and Human Services, the Department of Vet- strategy validation analysis and reporting suspected or actual health care fraud; erans Affairs, and any Federal agency with (B) the protection of the ability of rep- shall be made available to ensure a strategy oversight or authority regarding the provi- resentatives the Office to testify in private or predictive model has not degraded over sion of any medical benefit, item, or service civil actions concerning any such informa- time or is no longer effective. Queue report- for which payment may be made under a tion; and ing shall be established and made available Federal health care plan or contract. for population estimates of what claims were (C) the sharing by the Office of any such flagged, what claims received treatment, and information related to the medical antifraud ultimately what results occurred. The capa- programs established under this section. SA 3226. Mr. WHITEHOUSE sub- bility shall exist to complete tracking and (f) PROTECTING LEGITIMATE PROVIDERS AND mitted an amendment intended to be reporting for prevention strategies and ac- SUPPLIERS.— tions residing farther upstream in the health (1) INITIAL IMPLEMENTATION.—Not later proposed to amendment SA 2786 pro- care payment flow. The fraud prevention sys- than 2 years after the date of enactment of posed by Mr. REID (for himself, Mr. tem shall establish a reliable metric to this Act, the Secretary shall establish proce- BAUCUS, Mr. DODD, and Mr. HARKIN) to measure the dollars that are never paid due dures for the implementation of fraud and the bill H.R. 3590, to amend the Inter- to identification of fraud and abuse, as well abuse detection methods under all Federal nal Revenue Code of 1986 to modify the health programs (including the programs as a capability to effectively test and esti- first-time homebuyers credit in the mate the impact from different actions and under titles XVIII, XIX, and XXI of the So- treatments utilized to detect and prevent cial Security Act) with respect to items and case of members of the Armed Forces fraud and abuse for legitimate claims. Meas- services furnished by providers of services and certain other Federal employees, uring results shall include waste and abuse. and suppliers that includes the following: and for other purposes; which was or- (N) OPERATING TENET.—The fraud preven- (A) In the case of a new applicant to be dered to lie on the table; as follows: tion system shall not be designed to deny such a provider or supplier, a background health care services or to negatively impact check, and in the case of a supplier a site Beginning on page 2027, strike line 20 and prompt-pay laws because assessments are visit prior to approval of participation in the all that follows through page 2029, line 4, and late. The database shall be designed to speed program and random unannounced site visits insert the following: up the payment process. The fraud preven- after such approval. (2) AMOUNTS TAKEN INTO ACCOUNT.—For tion system shall require the implementa- (B) Not less than 5 years after the date of purposes of paragraph (1)— tion of constant and consistent test and con- enactment of this Act, in the case of a pro- (A) NET PREMIUMS WRITTEN.— trol strategies by stakeholders, with results vider or supplier who is not a new applicant, (i) IN GENERAL.—The net premiums written shared with Federal health program leader- re-enrollment under the program, including with respect to health insurance for any ship on a quarterly basis to validate improv- a new background check and, in the case of United States health risk that are taken ing progress in identifying and preventing a supplier, a site-visit as part of the applica- into account during any calendar year with waste, fraud, and abuse. Under such imple- tion process for such re-enrollment, and ran- respect to any covered entity shall be the mentation, Federal health care payers shall dom unannounced site visits after such re- sum of— use standard industry waste, fraud, and enrollment. (I) the net premiums written with respect abuse measures of success. (2) REQUIREMENT FOR PARTICIPATION.—In no to Medicaid business that are taken into ac- (2) COORDINATION.—The Deputy Secretary case may a provider of services or supplier count during the calendar year, plus shall coordinate the operation of the fraud who does not meet the requirements under (II) the net premiums written with respect prevention system with the Department of paragraph (1) participate in any Federal to non-Medicaid business that are taken into Justice and other related Federal fraud pre- health program. account during the calendar year. vention systems. (3) BACKGROUND CHECKS.—The Secretary (ii) NET PREMIUMS WRITTEN WITH RESPECT (3) OPERATION.—The Deputy Secretary shall determine the extent of the background TO MEDICAID BUSINESS.— shall phase-in the implementation of the sys- check conducted under paragraph (1), includ- (I) IN GENERAL.—The net premiums written tem under this subsection beginning not ing whether— with respect to Medicaid business that are later than 18 months after the date of enact- (A) a fingerprint check is necessary; taken into account during the calendar year ment of this Act, through the analysis of a (B) a background check shall be conducted shall be determined in accordance with the limited number of Federal health program with respect to additional employees, board following table:

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13264 CONGRESSIONAL RECORD — SENATE December 15, 2009

The percentage of net With respect to a covered entity’s net premiums written with respect to Medicaid business during the calendar premiums written that year that are: are taken into account is:

Not more than $100,000,000 ...... 0 percent More than $100,000,000 but not more than $150,000,000 ...... 25 percent More than $150,000,000 but not more than $200,000,000 ...... 50 percent More than $200,000,000 ...... 100 percent.

(II) MEDICAID BUSINESS.—For purposes of viduals who are eligible for medical assist- (iii) NET PREMIUMS WRITTEN WITH RESPECT this section, net premiums written with re- ance under, and enrolled in, a State plan TO NON-MEDICAID BUSINESS.— spect to Medicaid business means, with re- under title XIX of the Social Security Act or (I) IN GENERAL.—The net premiums written spect to any covered entity, that portion of a waiver of such plan. Such amounts shall be with respect to non-Medicaid business that the net premiums written with respect to reported separately by each covered entity are taken into account during the calendar health insurance for United States health in the report required under subsection (g). year shall be determined in accordance with risks which are written with respect to indi- the following table:

The percentage of net With respect to a covered entity’s net premiums written with respect to non-Medicaid business during the cal- premiums written that endar year that are: are taken into account is:

Not more than $25,000,000 ...... 0 percent More than $25,000,000 but not more than $50,000,000 ...... 50 percent More than $50,000,000 ...... 100 percent.

(II) NON-MEDICAID BUSINESS.—For purpose with respect to health insurance for United agreement fees that are taken into account of this section, the net premiums written States health risks less the net premiums during any calendar year with respect to any with respect to non-Medicaid business written with respect to Medicaid business. covered entity shall be determined in accord- means, with respect to any covered entity, (B) THIRD PARTY ADMINISTRATION AGREE- ance with the following table: the total amount of net premiums written MENT FEES.—The third party administration

The percentage of third party administration With respect to a covered entity’s third party administration agreement fees during the calendar year that are: agreement fees that are taken into account is:

Not more than $5,000,000 ...... 0 percent More than $5,000,000 but not more than $10,000,000 ...... 50 percent More than $10,000,000 ...... 100 percent.

(3) SECRETARIAL DETERMINATION.—The Sec- the amount established under regulations by (D) FINANCIAL RESERVE COMPONENT.—The retary shall calculate the amount of each the Secretary, in consultation with the Sec- amount determined under this subparagraph covered entity’s fee for any calendar year retary of Health and Human Services. The is the amount equal to the ratio of— under paragraph (1). In calculating such Secretary may establish different thresholds (i) the excess of— amount, the Secretary shall determine such for different categories of covered entity (I) the financial reserves of the penalized covered entity’s net premiums written with under this section. The Secretary, in con- covered entity, over respect to any United States health risk and sultation with the National Association of (II) the maximum financial reserve thresh- third party administration agreement fees Insurance Commissioners, shall establish a old established under paragraph (2)(B)(ii), to on the basis of reports submitted by the cov- uniform methodology for reporting financial (ii) such maximum financial reserve ered entity under subsection (g) and through reserve levels and determining maximum fi- threshold. the use of any other source of information nancial reserve thresholds under this sub- (4) REDUCTION IN FEE.— available to the Secretary. paragraph. (A) IN GENERAL.— (c) PERFORMANCE ADJUSTMENT TO ANNUAL (II) REPORTS.—Each covered entity shall (i) AMOUNT OF REDUCTION.—In the case of FEE.— annually submit a report (in a manner to be any covered entity that is not a penalized (1) IN GENERAL.—The Secretary shall— established by the Secretary through regula- covered entity, the fee determined under (A) in the case of a penalized covered enti- tion) to the Secretary and the Secretary of subsection (b) for the calendar year shall be ty, increase the fee determined under sub- Health and Human Services containing such reduced by an amount equal to the product section (b) for a calendar year as provided in information about the financial reserves of of— paragraph (3), and the entity as the Secretary may require. The (I) the sum of all penalty amounts assessed (B) in the case of any other covered entity, rules of subsection (g)(2) shall apply to the in the calendar year under paragraph (3), and reduce the fee determined under subsection information required to be reported under (II) the fee redistribution ratio. (b) for a calendar year as provided in para- this subclause. (ii) LIMITATION.—The reduction under this graph (4). (3) AMOUNT OF FEE INCREASE.— paragraph shall not exceed 20 percent of the (2) PENALIZED COVERED ENTITY DESCRIBED.— (A) IN GENERAL.—In the case of a penalized amount determined under subsection (b). (A) IN GENERAL.—For purposes of this para- covered entity, the fee determined under (B) FEE DISTRIBUTION RATIO.—For purposes graph, the term ‘‘penalized covered entity’’ subsection (b) for the calendar year shall be of this paragraph, the fee redistribution means a covered entity that the Secretary increased by the penalty amount. ratio is the ratio of— determines has failed to meet the key performance thresholds (established under sub- (B) PENALTY AMOUNT.— (i) the weighted net written premium paragraph (B)) for the calendar year in- (i) IN GENERAL.—The penalty amount shall amount of the covered entity, to volved. be the product of— (ii) the aggregate of the weighted net writ- (B) KEY PERFORMANCE THRESHOLDS.—The (I) the amount determined under sub- ten premium amount of all covered entities. key performance thresholds established section (b), and (C) WEIGHTED NET WRITTEN PREMIUM under this subparagraph are as follows: (II) the sum of the amounts determined AMOUNT.—For purposes of this paragraph, the (i) MEDICAL LOSS RATIO THRESHOLD.—The under subparagraphs (C) and (D). weighted net written premium amount with covered entity has a medical loss ratio, as (ii) LIMITATION.—The penalty amount shall respect to any covered entity is the amount reported under section 2718(a)(1) of the Pub- not exceed 20 percent of the amount deter- described in subsection (b)(1)(A)(i) with re- lic Health Service Act, of not less than 85 mined under subsection (b). spect to such covered entity, increased by percent. The Secretary, in consultation with (C) MEDICAL LOSS RATIO COMPONENT.—The the product of— the Secretary of Health and Human Services amount determined under this subparagraph (i) such amount, and may increase, but not decrease, such per- is the amount equal to the excess of— (ii) the product of 0.05 and the sum of the centage by regulation. (i) the medical loss ratio threshold estab- amounts determined under subparagraphs (ii) MAXIMUM FINANCIAL RESERVE THRESH- lished under paragraph (2)(A), over (D) and (E). OLD.— (ii) the medical loss ratio (expressed in (D) MEDICAL LOSS RATIO COMPONENT.—The (I) IN GENERAL.—The covered entity has a decimal form) of the penalized covered enti- amount determined under this subparagraph financial reserve which is not greater than ty. is the amount equal to the excess of—

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13265 (i) the medical loss ratio (expressed as a (b) ESSENTIAL HEALTH BENEFITS.—Section SA 3230. Mr. CRAPO submitted an percentage) of the covered entity, over 1302 of this Act is amended— amendment intended to be proposed to (ii) the medical loss ratio threshold estab- (1) in subsection (b)(4)— amendment SA 2786 proposed by Mr. lished under paragraph (2)(A). (A) by redesignating subparagraphs (G) and REID (for himself, Mr. BAUCUS, Mr. (E) FINANCIAL RESERVE COMPONENT.—The (H) as subparagraphs (H) and (I), respec- amount determined under this subparagraph tively; DODD, and Mr. HARKIN) to the bill H.R. is the amount equal to the ratio of— (B) by inserting after subparagraph (F) the 3590, to amend the Internal Revenue (i) the excess of— following: Code of 1986 to modify the first-time (I) the maximum financial reserve thresh- ‘‘(G) provide that if a plan described in sec- homebuyers credit in the case of mem- old established under paragraph (2)(B)(ii), tion 1311(d)(2)(B)(iii) (relating to stand-alone bers of the Armed Forces and certain over vision benefits plans) is offered through an other Federal employees, and for other (II) the financial reserves of the covered Exchange, another health plan offered purposes; which was ordered to lie on through such Exchange shall not fail to be entity, to the table; as follows: (ii) such maximum financial reserve treated as a qualified health plan solely be- threshold. cause the plan does not offer coverage of ben- On page 436, between lines 14 and 15, insert efits offered through the stand-alone plan the following: SA 3227. Mr. CARDIN submitted an that are otherwise required under paragraph SEC. 2008. NON-APPLICATION OF MEDICAID EX- amendment intended to be proposed to (1)(J);’’; and PANSION MANDATES. amendment SA 2786 proposed by Mr. (C) in subparagraph (I), as so redesignated, Notwithstanding any other provision of this Act (or an amendment made by this REID (for himself, Mr. BAUCUS, Mr. by striking ‘‘(G)’’ and inserting ‘‘(H)’’; and (2) by striking ‘‘paragraph (4)(H)’’ each Act), with respect to a State, any provision DODD, and Mr. HARKIN) to the bill H.R. place such term appears and inserting ‘‘para- of this Act or amendment made by this Act 3590, to amend the Internal Revenue graph (4)(I)’’. that imposes on the State an expansion of Code of 1986 to modify the first-time (c) OFFERING OF COVERAGE.—Section coverage under the Medicaid program shall homebuyers credit in the case of mem- 1311(d)(2)(B) of this Act is amended by adding not apply to the State if such expansion bers of the Armed Forces and certain at the end the following: would result in the State incurring costs for other Federal employees, and for other ‘‘(iii) OFFERING OF STAND-ALONE VISION BEN- providing medical assistance to individuals purposes; which was ordered to lie on EFITS.—Each Exchange within a State shall enrolled under the State Medicaid program the table; as follows: allow an issuer of a plan that only provides that are greater than the costs the State limited scope vision benefits meeting the re- would have incurred if this Act and such On page 731, strike line 17 and all that fol- quirements of section 9832(c)(2)(A) of the In- amendments had not been enacted. lows through line 10 on page 732 and insert ternal Revenue Code of 1986 to offer the plan the following: through the Exchange (either separately or SA 3231. Mr. CRAPO submitted an ‘‘(xix) Using commonly available and inex- in conjunction with a qualified health plan) amendment intended to be proposed to pensive technologies, including wireless and if the plan provides pediatric vision benefits amendment SA 2786 proposed by Mr. Internet-based tools, that have a dem- meeting the requirements of section REID (for himself, Mr. BAUCUS, Mr. onstrated ability to improve patient out- 1302(b)(1)(J)).’’. comes or reduce health care costs, to sim- (d) REFUNDABLE CREDIT.—Section 36B(b) of DODD, and Mr. HARKIN) to the bill H.R. plify the complex management and treat- the Internal Revenue Code of 1986, as added 3590, to amend the Internal Revenue ment of chronic diseases for patients and by section 1401, is amended by adding at the Code of 1986 to modify the first-time health care providers. end the following: homebuyers credit in the case of mem- ‘‘(C) ADDITIONAL FACTORS FOR CONSIDER- ‘‘(F) SPECIAL RULE FOR PEDIATRIC VISION bers of the Armed Forces and certain ATION.—In selecting models for testing under COVERAGE.—For purposes of determining the other Federal employees, and for other subparagraph (A), the CMI may consider the amount of any monthly premium, if an indi- purposes; which was ordered to lie on following additional factors: vidual enrolls in both a qualified health plan ‘‘(i) Whether the model includes a regular and a plan described in section the table; as follows: process for monitoring and updating patient 1311(d)(2)(B)(iii) of the Patient Protection On page 828, between lines 3 and 4, insert care plans in a manner that is consistent and Affordable Care Act for any plan year, the following: with the needs and preferences of applicable the portion of the premium for the plan de- SEC. 3130. ENHANCED FMAP TO PROVIDE IN- individuals. scribed in such section that (under regula- CREASED PAYMENTS FOR PHYSI- ‘‘(ii) Whether the model places the applications prescribed by the Secretary) is prop- CIANS’ SERVICES AND INPATIENT ble individual, including family members erly allocable to pediatric vision benefits HOSPITAL SERVICES FURNISHED IN and other informal caregivers of the applica- RURAL AREAS. which are included in the essential health Notwithstanding any other provision of ble individual, at the center of the care team benefits required to be provided by a quali- of the applicable individual. law, if at any time after January 1, 2014, a fied health plan under section 1302(b)(1)(J) of State increases, by not less than the rate ap- ‘‘(iii) Whether the model provides for in- such Act shall be treated as a premium pay- person contact with applicable individuals. plicable under the Medicare program, the able for a qualified health plan.’’. payment rates under its State Medicaid pro- ‘‘(iv) Whether the model utilizes tech- (e) REDUCED COST-SHARING.—Section nology, such as electronic health records, 1402(c) of this Act is amended by adding at gram for medical assistance consisting of wireless and Internet-based tools,’’. the end the following: physician services or inpatient hospital services that are furnished in rural areas (as de- ‘‘(6) SPECIAL RULE FOR PEDIATRIC VISION fined in section 1886(d)(2)(D) of the Social Se- SA 3228. Ms. LANDRIEU (for herself, PLANS.—If an individual enrolls in both a Mr. WARNER, and Mr. AKAKA) sub- qualified health plan and a plan described in curity Act (42 U.S.C. 1395ww(d)(2)(D))) of the mitted an amendment intended to be section 1311(d)(2)(B)(iii) for any plan year, State, the Federal medical assistance per- subsection (a) shall not apply to that portion centage otherwise applicable to such expend- proposed to amendment SA 2786 pro- itures shall be increased by an amount equal posed by Mr. REID (for himself, Mr. of any reduction in cost-sharing under subsection (c) that (under regulations prescribed to 100 percent of the increase in such rates BAUCUS, Mr. DODD, and Mr. HARKIN) to from the rates applicable under the State the bill H.R. 3590, to amend the Inter- by the Secretary) is properly allocable to pediatric vision benefits which are included in Medicaid program for fiscal year 2009. nal Revenue Code of 1986 to modify the the essential health benefits required to be Mr. BYRD submitted an first-time homebuyers credit in the provided by a qualified health plan under SA 3232. case of members of the Armed Forces section 1302(b)(1)(J).’’. amendment intended to be proposed to and certain other Federal employees, amendment SA 2786 proposed by Mr. and for other purposes; which was or- SA 3229. Mr. CRAPO submitted an REID (for himself, Mr. BAUCUS, Mr. dered to lie on the table; as follows: amendment intended to be proposed to DODD, and Mr. HARKIN) to the bill H.R. On page 396, between lines 8 and 9, insert amendment SA 2786 proposed by Mr. 3590, to amend the Internal Revenue the following: REID (for himself, Mr. BAUCUS, Mr. Code of 1986 to modify the first-time SEC. 1563. PROVISIONS RELATED TO VISION BEN- DODD, and Mr. HARKIN) to the bill H.R. homebuyers credit in the case of mem- EFITS. 3590, to amend the Internal Revenue bers of the Armed Forces and certain (a) EXEMPTION FROM COMPREHENSIVE COV- Code of 1986 to modify the first-time other Federal employees, and for other ERAGE REQUIREMENT.—Section 2707 of the homebuyers credit in the case of mem- purposes; which was ordered to lie on Public Health Service Act, as added by sec- bers of the Armed Forces and certain the table; as follows: tion 1201, is amended by adding at the end other Federal employees, and for other the following: On page 1356, strike line 3 and insert the ‘‘(e) VISION ONLY.—This section shall not purposes; which was ordered to lie on following: apply to a plan described in section the table; as follows: ‘‘(2) PRIORITY.—In awarding grants under 1311(d)(2)(B)(iii) of the Patient Protection Beginning on page 510, strike line 10 and paragraph (1), the Secretary shall give pri- and Affordable Care Act.’’. all that follows through page 515, line 11. ority to eligible entities that are located in

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On page 923, between lines 7 and 8, insert SA 2786 proposed by Mr. REID (for him- 3590, to amend the Internal Revenue the following: self, Mr. BAUCUS, Mr. DODD, and Mr. SEC. 3211. IMPROVEMENTS TO TRANSITIONAL HARKIN) to the bill H.R. 3590, to amend Code of 1986 to modify the first-time EXTRA BENEFITS UNDER MEDICARE homebuyers credit in the case of mem- ADVANTAGE. the Internal Revenue Code of 1986 to bers of the Armed Forces and certain Section 1853(p) of the Social Security Act, modify the first-time homebuyers cred- other Federal employees, and for other as added by section 3201, is amended— it in the case of members of the Armed purposes; which was ordered to lie on (1) in paragraph (3)— Forces and certain other Federal em- the table; as follows: (A) by redesignating subparagraph (C) as ployees, and for other purposes; which subparagraph (D); On page 94, between lines 3 and 4, insert was ordered to lie on the table; as fol- (B) in subparagraph (D), as so redesignated, the following: lows: by striking ‘‘(A) or (B)’’ and inserting ‘‘(A), ‘‘(4) SELECTION.—In selecting States to par- On page 2074, after line 25, add the fol- (B), or (C)’’; ticipate in the demonstration project under lowing: (C) by inserting after subparagraph (B) the this subsection, the Secretary shall give pri- TITLE X—COVERAGE OF ADVANCE CARE following new subparagraph: ority to States that have populations with PLANNING ‘‘(C) A county— high rates of— ‘‘(i) where the percentage of Medicare Ad- SEC. 10001. MEDICARE, MEDICAID, AND CHIP ‘‘(A) chronic diseases, with particular em- COVERAGE. vantage eligible beneficiaries in the county phasis on inclusion of States that have popu- (a) MEDICARE.— who are enrolled in an MA plan for the year lations with high rates of diabetes, hyper- (1) IN GENERAL.—Section 1861 of the Social is greater than 45 percent (as determined by tension, and cardiovascular disease; Security Act (42 U.S.C. 1395x), as amended by the Secretary); and ‘‘(B) smoking and use of tobacco products; section 4103, is amended— ‘‘(ii) that is located in a State in which the or (A) in subsection (s)(2)— percentage of residents over the age of 65 is ‘‘(C) obesity.’’. (i) by striking ‘‘and’’ at the end of subpara- greater than 14 percent (as determined by graph (EE); SA 3234. Mr. CASEY submitted an the Secretary).’’; (ii) by adding ‘‘and’’ at the end of subpara- amendment intended to be proposed to (D) by inserting after subparagraph (C) the graph (FF); and following flush sentence: amendment SA 2786 proposed by Mr. (iii) by adding at the end the following new ‘‘Such term shall not include any MA local REID (for himself, Mr. BAUCUS, Mr. subparagraph: area identified under subsection (o)(1).’’; and ‘‘(GG) voluntary advance care planning DODD, and Mr. HARKIN) to the bill H.R. (2) in paragraph (5), by striking consultation (as defined in subsection 3590, to amend the Internal Revenue ‘‘$5,000,000,000’’ and inserting ‘‘$7,000,000,000’’. (iii)(1));’’; and Code of 1986 to modify the first-time (B) by adding at the end the following new homebuyers credit in the case of mem- SA 3236. Mr. KOHL submitted an subsection: bers of the Armed Forces and certain amendment intended to be proposed to ‘‘Voluntary Advance Care Planning other Federal employees, and for other amendment SA 2786 proposed by Mr. Consultation purposes; which was ordered to lie on REID (for himself, Mr. BAUCUS, Mr. ‘‘(iii)(1) Subject to paragraphs (3) and (4), the table; as follows: DODD, and Mr. HARKIN) to the bill H.R. the term ‘voluntary advance care planning On page 764, between lines 2 and 3, insert 3590, to amend the Internal Revenue consultation’ means an optional consulta- the following: Code of 1986 to modify the first-time tion between the individual and a practi- ‘‘(i) APPLICATION OF PILOT PROGRAM TO tioner described in paragraph (2) regarding homebuyers credit in the case of mem- advance care planning, if, subject to subpara- CONTINUING CARE HOSPITALS.— bers of the Armed Forces and certain ‘‘(1) IN GENERAL.—In conducting the pilot graphs (A) and (B) of paragraph (3), the indi- program, the Secretary shall apply the pro- other Federal employees, and for other vidual involved has not had such a consulta- visions of the program so as to separately purposes; which was ordered to lie on tion within the last 5 years. Such consulta- pilot test the continuing care hospital the table; as follows: tion shall include the following: ‘‘(A) An explanation by the practitioner of model. On page 731, between lines 16 and 17, insert advance care planning, including key ques- ‘‘(2) SPECIAL RULES.—In pilot testing the the following: tions and considerations, important steps, continuing care hospital model under para- ‘‘(xix) Implementing the lean methodology and suggested people to talk to. graph (1), the following rules shall apply: through a network of provider systems ‘‘(B) An explanation by the practitioner of ‘‘(A) Such model shall be tested without across the country in varying geographic advance directives, including living wills and the limitation to the conditions selected areas and across sites of care that offer a pa- durable powers of attorney, and their uses. under subsection (a)(2)(B). tient-centered approach to improving qual- ‘‘(C) An explanation by the practitioner of ‘‘(B) Notwithstanding subsection (a)(2)(D), ity, reducing medical errors, and enhancing the role and responsibilities of a health care an episode of care shall be defined as the full value to patients. period that a patient stays in the continuing proxy. ‘‘(D) The provision by the practitioner of a care hospital plus the first 30 days following SA 3237. Mr. BURRIS submitted an discharge from such hospital. list of national and State-specific resources amendment intended to be proposed to to assist consumers and their families with ‘‘(3) CONTINUING CARE HOSPITAL DEFINED.— amendment SA 2786 proposed by Mr. In this subsection, the term ‘continuing care advance care planning, including the na- REID (for himself, Mr. BAUCUS, Mr. hospital’ means an entity that has dem- tional toll-free hotline, the advance care onstrated the ability to meet patient care DODD, and Mr. HARKIN) to the bill H.R. planning clearinghouses, and State legal and patient safety standards and that pro- 3590, to amend the Internal Revenue service organizations (including those funded vides under common management the med- Code of 1986 to modify the first-time through the Older Americans Act). ical and rehabilitation services provided in homebuyers credit in the case of mem- ‘‘(E) An explanation by the practitioner of inpatient rehabilitation hospitals and units the continuum of end-of-life services and bers of the Armed Forces and certain supports available, including palliative care (as defined in section 1886(d)(1)(B)(ii)), long other Federal employees, and for other term care hospitals (as defined in and hospice, and benefits for such services purposes; which was ordered to lie on and supports that are available under this section1886(d)(1)(B)(iv)(I)), and skilled nurs- the table; as follows: ing facilities (as defined in section 1819(a)) title. that are located in a hospital described in At the appropriate place in title III, insert ‘‘(F)(i) Subject to clause (ii), an expla- section 1886(d).’’. the following: nation of orders regarding life sustaining SEC. ll. PERMITTING PHYSICAL THERAPY TO treatment or similar orders, which shall in- SA 3235. Mr. CASEY (for himself and BE FURNISHED UNDER THE MEDI- clude— Mr. SPECTER) submitted an amendment CARE PROGRAM UNDER THE CARE ‘‘(I) the reasons why the development of intended to be proposed to amendment OF A DENTIST. such an order is beneficial to the individual (a) IN GENERAL.—Section 1861(p)(1) of the and the individual’s family and the reasons SA 2786 proposed by Mr. REID (for him- Social Security Act (42 U.S.C. 1395x(p)(1)) is why such an order should be updated periodi- self, Mr. BAUCUS, Mr. DODD, and Mr. amended by inserting ‘‘(2),’’ after ‘‘(1),’’. cally as the health of the individual changes; HARKIN) to the bill H.R. 3590, to amend (b) EFFECTIVE DATE.—The amendment ‘‘(II) the information needed for an indi- the Internal Revenue Code of 1986 to made by subsection (a) shall apply to items vidual or legal surrogate to make informed

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13267 decisions regarding the completion of such ‘‘(ii) the individual’s desire regarding and hospice, and benefits for such services an order; and transfer to a hospital or remaining at the and supports that are available under this ‘‘(III) the identification of resources that current care setting; title. an individual may use to determine the re- ‘‘(iii) the use of antibiotics; and ‘‘(F)(i) Subject to clause (ii), an expla- quirements of the State in which such indi- ‘‘(iv) the use of artificially administered nation of orders for life sustaining treat- vidual resides so that the treatment wishes nutrition and hydration.’’. ments or similar orders, which shall in- of that individual will be carried out if the (2) PAYMENT.—Section 1848(j)(3) of the So- clude— individual is unable to communicate those cial Security Act (42 U.S.C. 1395w–4(j)(3)), as ‘‘(I) the reasons why the development of wishes, including requirements regarding the amended by section 4103(c)(2), is amended by such an order is beneficial to the individual designation of a surrogate decisionmaker inserting ‘‘(2)(GG),’’ after ‘‘(2)(FF) (including and the individual’s family and the reasons (also known as a health care proxy). administration of the health risk assess- why such an order should be updated periodi- ‘‘(ii) The Secretary may limit the requirement),’’. cally as the health of the individual changes; ment for explanations under clause (i) to (3) FREQUENCY LIMITATION.—Section 1862(a) ‘‘(II) the information needed for an indi- consultations furnished in States, localities, of the Social Security Act (42 U.S.C. vidual or legal surrogate to make informed or other geographic areas in which orders de- 1395y(a)(1)), as amended by section 4103(d), is decisions regarding the completion of such scribed in such clause have been widely amended— an order; and adopted. (A) in paragraph (1)— ‘‘(III) the identification of resources that ‘‘(2) A practitioner described in this para- (i) in subparagraph (O), by striking ‘‘and’’ an individual may use to determine the re- graph is— at the end; quirements of the State in which such indi- ‘‘(A) a physician (as defined in subsection (ii) in subparagraph (P) by striking the vidual resides so that the treatment wishes (r)(1)); and semicolon at the end and inserting ‘‘, and’’; of that individual will be carried out if the ‘‘(B) a nurse practitioner or physician’s as- and individual is unable to communicate those sistant who has the authority under State (iii) by adding at the end the following new wishes, including requirements regarding the law to sign orders for life sustaining treat- subparagraph: designation of a surrogate decisionmaker ments. ‘‘(Q) in the case of advance care planning (also known as a health care proxy). ‘‘(3)(A) An initial preventive physical ex- consultations (as defined in section ‘‘(ii) The Secretary may limit the require- amination under subsection (ww), including 1861(iii)(1)), which are performed more fre- ment for explanations under clause (i) to any related discussion during such examina- quently than is covered under such section;’’; consultations furnished in States, localities, tion, shall not be considered an advance care and or other geographic areas in which orders de- planning consultation for purposes of apply- (B) in paragraph (7), by striking ‘‘or (P)’’ scribed in such clause have been widely ing the 5-year limitation under paragraph and inserting ‘‘(P), or (Q)’’. adopted. (1). (4) EFFECTIVE DATE.—The amendments ‘‘(2) A practitioner described in this para- ‘‘(B) A voluntary advance care planning made by this subsection shall apply to con- graph is— consultation with respect to an individual sultations furnished on or after January 1, ‘‘(A) a physician (as defined in section shall be conducted more frequently than pro- 2011 . 1861(r)(1)); and vided under paragraph (1) if there is a signifi- (b) MEDICAID.— ‘‘(B) a nurse practitioner or physician’s as- cant change in the health condition of the (1) MANDATORY BENEFIT.—Section sistant who has the authority under State individual, including diagnosis of a chronic, 1902(a)(10)(A) of the Social Security Act (42 law to sign orders for life sustaining treat- progressive, life-limiting disease, a life- U.S.C. 1396a(a)(10)(A)), as amended by section ments. threatening or terminal diagnosis or life- 2301(b), is amended in the matter preceding ‘‘(3) A voluntary advance care planning threatening injury, or upon admission to a clause (i) by striking ‘‘and (28)’’ and insert- consultation with respect to an individual skilled nursing facility, a long-term care fa- ing ‘‘, (28), and (29)’’. shall be conducted more frequently than pro- cility (as defined by the Secretary), or a hos- (2) MEDICAL ASSISTANCE.—Section 1905 of vided under paragraph (1) if there is a signifi- pice program. such Act (42 U.S.C. 1396d), as amended by sec- cant change in the health condition of the ‘‘(4) A consultation under this subsection tions 2001(a)(3), 2006, and 2301(a)(1), is amend- individual including diagnosis of a chronic, may include the formulation of an order reed— progressive, life-limiting disease, a life- garding life sustaining treatment or a simi- (A) in subsection (a)— threatening or terminal diagnosis or life- lar order. (i) in paragraph (28), by striking ‘‘and’’ at threatening injury, or upon admission to a ‘‘(5)(A) For purposes of this section, the the end; nursing facility, a long-term care facility (as term ‘order regarding life sustaining treat- (ii) by redesignating paragraph (29) as defined by the Secretary), or a hospice pro- ment’ means, with respect to an individual, paragraph (30); and gram. an actionable medical order relating to the (iii) by inserting after paragraph (28) the treatment of that individual that— following new paragraph: ‘‘(4) A consultation under this subsection ‘‘(i) is signed and dated by a physician (as ‘‘(29) advance care planning consultations may include the formulation of an order redefined in subsection (r)(1)) or another (as defined in subsection (z));’’; and garding life sustaining treatment or a simi- health care professional (as specified by the (B) by inserting after subsection (y) the lar order. Secretary and who is acting within the scope following new subsection: ‘‘(5) For purposes of this subsection, the of the professional’s authority under State ‘‘(z)(1) For purposes of subsection (a)(28), term ‘orders regarding life sustaining treat- law in signing such an order) and is in a form the term ‘voluntary advance care planning ment’ has the meaning given that term in that permits it to stay with the patient and consultation’ means an optional consulta- section 1861(iii)(5).’’. be followed by health care professionals and tion between the individual and a practi- (c) CHIP.— providers across the continuum of care, in- tioner described in paragraph (2) regarding (1) CHILD HEALTH ASSISTANCE.—Section cluding home care, hospice, long-term care, advance care planning, if, subject to para- 2110(a) of the Social Security Act (42 U.S.C. community and assisted living residences, graph (3), the individual involved has not had 1397jj) is amended— skilled nursing facilities, inpatient rehabili- such a consultation within the last 5 years. (A) by redesignating paragraph (28) as tation facilities, hospitals, and emergency Such consultation shall include the fol- paragraph (29); and medical services; lowing: (B) by inserting after paragraph (27), the ‘‘(ii) effectively communicates the individ- ‘‘(A) An explanation by the practitioner of following: ual’s preferences regarding life sustaining advance care planning, including key ques- ‘‘(28) Voluntary advance care planning con- treatment, including an indication of the tions and considerations, important steps, sultations (as defined in section 1905(z)).’’. treatment and care desired by the individual; and suggested people to talk to. (2) MANDATORY COVERAGE.— ‘‘(iii) is uniquely identifiable and standard- ‘‘(B) An explanation by the practitioner of (A) IN GENERAL.—Section 2103 of such Act ized within a given locality, region, or State advance directives, including living wills and (42 U.S.C. 1397cc), is amended— (as identified by the Secretary); durable powers of attorney, and their uses. (i) in subsection (a), in the matter pre- ‘‘(iv) is portable across care settings; and ‘‘(C) An explanation by the practitioner of ceding paragraph (1), by striking ‘‘and (7)’’ ‘‘(v) may incorporate any advance direc- the role and responsibilities of a health care and inserting ‘‘(7), and (9)’’; and tive (as defined in section 1866(f)(3)) if exe- proxy. (ii) in subsection (c), by adding at the end cuted by the individual. ‘‘(D) The provision by the practitioner of a the following: ‘‘(B) The level of treatment indicated list of national and State-specific resources ‘‘(9) END-OF-LIFE CARE.—The child health under subparagraph (A)(ii) may range from to assist consumers and their families with assistance provided to a targeted low-income an indication for full treatment to an indica- advance care planning, including the na- child shall include coverage of voluntary ad- tion to limit some or all or specified inter- tional toll-free hotline, the advance care vance care planning consultations (as de- ventions. Such indicated levels of treatment planning clearinghouses, and State legal fined in section 1905(z) and at the same pay- may include indications respecting, among service organizations (including those funded ment rate as the rate that would apply to other items— through the Older Americans Act). such a consultation under the State plan ‘‘(i) the intensity of medical intervention ‘‘(E) An explanation by the practitioner of under title XIX).’’. if the patient is pulseless, apneic, or has seri- the continuum of end-of-life services and (B) CONFORMING AMENDMENT.—Section ous cardiac or pulmonary problems; supports available, including palliative care 2102(a)(7)(B) of such Act (42 U.S.C.

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1397bb(a)(7)(B)) is amended by striking ‘‘sec- scope of medical benefits otherwise covered (2) ADVANCE DIRECTIVE.—The term ‘‘ad- tion 2103(c)(5)’’ and inserting ‘‘paragraphs (5) under a qualified health plan; or vance directive’’ means a living will, medical and (9) of section 2103(c)’’. (3) to promote suicide, assisted suicide, eu- directive, health care power of attorney, du- (d) DEFINITION OF ADVANCE DIRECTIVE thanasia, or mercy killing. rable power of attorney, or other written UNDER MEDICARE, MEDICAID, AND CHIP.— (c) ADVANCED DIRECTIVE DEFINED.—In this statement by a competent individual that is (1) MEDICARE.—Section 1866(f)(3) of the So- section, the term ‘‘advanced directive’’ in- recognized under State law and indicates the cial Security Act (42 U.S.C. 1395cc(f)(3)) is cludes a living will, a comfort care order, or individual’s wishes regarding medical treat- amended by striking ‘‘means’’ and all that a durable power of attorney for health care. ment in the event of future incompetence. follows through the period and inserting (d) PROHIBITION ON THE PROMOTION OF AS- Such term includes an advance health care ‘‘means a living will, medical directive, SISTED SUICIDE.— directive and a health care directive recog- health care power of attorney, durable power (1) IN GENERAL.—Subject to paragraph (3), nized under State law. of attorney, or other written statement by a information provided to meet the require- (3) CHIP.—The term ‘‘CHIP’’ means the competent individual that is recognized ments of subsection (a)(2) shall not include program established under title XXI of the under State law and indicates the individ- advanced directives or other planning tools Social Security Act (42 U.S.C. 1397aa et seq.). ual’s wishes regarding medical treatment in that list or describe as an option suicide, as- (4) END-OF-LIFE-CARE.—The term ‘‘end-of- the event of future incompetence. Such term sisted suicide, euthanasia, or mercy killing, life care’’ means all aspects of care of a pa- includes an advance health care directive regardless of legality. tient with a potentially fatal condition, and and a health care directive recognized under (2) CONSTRUCTION.—Nothing in paragraph includes care that is focused on specific prep- State law.’’. (1) shall be construed to apply to or affect arations for an impending death. (2) MEDICAID AND CHIP.—Section 1902(w)(4) any option to— (5) HEALTH CARE POWER OF ATTORNEY.—The of such Act (42 U.S.C. 1396a(w)(4)) is amended (A) withhold or withdraw of medical treat- term ‘‘health care power of attorney’’ means by striking ‘‘means’’ and all that follows ment or medical care; a legal document that identifies a health through the period and inserting ‘‘means a (B) withhold or withdraw of nutrition or care proxy or decisionmaker for a patient living will, medical directive, health care hydration; and who has the authority to act on the patient’s power of attorney, durable power of attor- (C) provide palliative or hospice care or use behalf when the patient is unable to commu- ney, or other written statement by a com- an item, good, benefit, or service furnished nicate his or her wishes for medical care on petent individual that is recognized under for the purpose of alleviating pain or discom- matters that the patient specifies when he or State law and indicates the individual’s fort, even if such use may increase the risk she is competent. Such term includes a dura- wishes regarding medical treatment in the of death, so long as such item, good, benefit, ble power of attorney that relates to medical event of future incompetence. Such term in- or service is not also furnished for the pur- care. cludes an advance health care directive and pose of causing, or the purpose of assisting in (6) LIVING WILL.—The term ‘‘living will’’ a health care directive recognized under causing, death, for any reason. means a legal document— State law.’’. (3) NO PREEMPTION OF STATE LAW.—Nothing (A) used to specify the type of medical care (e) RULE OF CONSTRUCTION.—A voluntary in this section shall be construed to preempt (including any type of medical treatment, advance care planning consultation de- or otherwise have any effect on State laws including life-sustaining procedures if that scribed under any provision of this section or regarding advance care planning, palliative person becomes permanently unconscious or amendment made by this section shall be care, or end-of-life decision-making. is otherwise dying) that an individual wants provided solely at the option of the applica- provided or withheld in the event the indi- ble individual. Nothing in this section shall SA 3239. Mr. ROCKEFELLER (for vidual cannot speak for himself or herself be construed to— himself, Ms. COLLINS, and Mr. KOHL) and cannot express his or her wishes; and (1) require an individual to complete an ad- submitted an amendment intended to (B) that requires a physician to honor the vance directive, an order for life-sustaining be proposed to amendment SA 2786 pro- provisions of upon receipt or to transfer the treatment, or other advance care planning posed by Mr. REID (for himself, Mr. care of the individual covered by the docu- document; BAUCUS, Mr. DODD, and Mr. HARKIN) to ment to another physician that will honor (2) require an individual to consent to re- the bill H.R. 3590, to amend the Inter- such provisions. strictions on the amount, duration, or scope nal Revenue Code of 1986 to modify the (7) MEDICAID.—The term ‘‘Medicaid’’ means of medical benefits that such individual is first-time homebuyers credit in the the program established under title XIX of entitled to receive through any program case of members of the Armed Forces the Social Security Act (42 U.S.C. 1396 et under titles XVIII, XIX, or XXI of the Social seq.). Security Act; or and certain other Federal employees, (8) MEDICARE.—The term ‘‘Medicare’’ (3) encourage or promote suicide or as- and for other purposes; which was or- means the program established under title sisted suicide. dered to lie on the table; as follows: XVIII of the Social Security Act (42 U.S.C. (f) EFFECTIVE DATE.—The amendments On page 2074, after line 25, add the fol- 1395 et seq.). made by this section take effect January 1, lowing: (9) ORDERS FOR LIFE-SUSTAINING TREAT- 2010. TITLE X—ADVANCE CARE PLANNING AND MENT.—The term ‘‘orders for life-sustaining SEC. 10002. DISSEMINATION OF ADVANCE CARE COMPASSIONATE CARE treatment’’ means a process for focusing a PLANNING INFORMATION. SECTION 10001. SHORT TITLE. patients’ values, goals, and preferences on (a) IN GENERAL.—A health insurance issuer This title may be cited as the ‘‘Advance current medical circumstances and to trans- offering a qualified health plan— Planning and Compassionate Care Act of late such into visible and portable medical (1) shall provide for the dissemination of 2009’’. orders applicable across care settings, in- information related to end-of-life planning SEC. 10002. DEFINITIONS. cluding home, long-term care, emergency to individuals seeking enrollment in quali- In this title: medical services, and hospitals. fied health plans offered through the Ex- (1) ADVANCE CARE PLANNING.—The term (10) PALLIATIVE CARE.—The term ‘‘pallia- change; ‘‘advance care planning’’ means the process tive care’’ means interdisciplinary care for (2) shall present such individuals with— of— individuals with a life-threatening illness or (A) the option to establish advanced direc- (A) determining an individual’s priorities, injury relating to pain and symptom man- tives and physician’s orders for life sus- values and goals for care in the future when agement and psychological, social, and spir- taining treatment according to the laws of the individual is no longer able to express his itual needs and that seeks to improve the the State in which the individual resides; or her wishes; quality of life for the individual and the indi- and (B) engaging family members, health care vidual’s family. (B) information related to other planning proxies, and health care providers in an on- (11) SECRETARY.—The term ‘‘Secretary’’ tools; and going dialogue about— means the Secretary of Health and Human (3) shall not promote suicide, assisted sui- (i) the individual’s wishes for care; Services. cide, euthanasia, or mercy killing. (ii) what the future may hold for people Subtitle A—Consumer and Provider The information presented under paragraph with serious illnesses or injuries; Education (2) shall not presume the withdrawal of (iii) how individuals, their health care PART I—CONSUMER EDUCATION treatment and shall include end-of-life plan- proxies, and family members want their be- Subpart A—National Initiatives ning information that includes options to liefs and preferences to guide care decisions; SEC. 10101. ADVANCE CARE PLANNING TELE- maintain all or most medical interventions. and PHONE HOTLINE. (b) CONSTRUCTION.—Nothing in this section (iv) the steps that individuals and family (a) IN GENERAL.—Not later than January 1, shall be construed— members can take regarding, and the re- 2011, the Secretary, acting through the Di- (1) to require an individual to complete an sources available to help with, finances, fam- rector of the Centers for Disease Control and advanced directive or a physician’s order for ily matters, spiritual questions, and other Prevention, shall establish and operate di- life sustaining treatment or other end-of-life issues that impact seriously ill or dying pa- rectly, or by grant, contract, or interagency planning document; tients and their families; and agreement, a 24-hour toll-free telephone hot- (2) to require an individual to consent to (C) executing and updating advance direc- line to provide consumer information regard- restrictions on the amount, duration, or tives and appointing a health care proxy. ing advance care planning, including—

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ADVANCE CARE PLANNING TOOLKIT. proxies, and health care providers as part of ning and its importance; (a) DEVELOPMENT.—Not later than July 1, an ongoing dialogue regarding their health (2) issues to be considered when developing 2010, the Secretary, in consultation with the care choices; an individual’s advance care plan; Director of the Centers for Disease Control (G) address the need for individuals to ob- (3) how to establish an advance directive; and Prevention, shall develop an online ad- tain readily available legal documents that (4) procedures to help ensure that an indi- vance care planning toolkit. express their health care decisions through vidual’s directives for end-of-life care are fol- (b) MAINTENANCE.—The advance care plan- advance directives (including living wills, lowed; ning toolkit, which shall be available in comfort care orders, and durable powers of (5) Federal and State-specific resources for English, Spanish, and any other languages attorney for health care); assistance with advance care planning; and that the Secretary deems appropriate, shall (H) raise public awareness regarding the (6) hospice and palliative care (including be maintained and publicized by the Sec- availability of hospice and palliative care; their respective purposes and services). retary on an ongoing basis and made avail- and able on the following websites: (I) encourage individuals to speak with (b) ESTABLISHMENT.—In carrying out the (1) The Centers for Disease Control and their physicians about their options and in- requirements under subsection (a), the Direc- Prevention. tentions for end-of-life care. tor of the Centers for Disease Control and (2) The Department of Health and Human (3) EVALUATION.— Prevention may designate an existing 24- Service’s National Clearinghouse for Long- (A) IN GENERAL.—Not later than July 1, hour toll-free telephone hotline or, if no such Term Care Information. 2013, the Secretary, acting through the Di- service is available or appropriate, establish (3) The Administration for Children and rector of the Centers for Disease Control and a new 24-hour toll-free telephone hotline. Families. Prevention, shall conduct a nationwide sur- SEC. 10102. ADVANCE CARE PLANNING INFORMA- (c) CONTENT.—The advance care planning vey to evaluate whether the national cam- TION CLEARINGHOUSES. toolkit shall include content addressing— paign conducted under this subsection has (1) common issues and questions regarding achieved its goal of changing public aware- (a) EXPANSION OF NATIONAL CLEARINGHOUSE advance care planning, including individuals FOR LONG-TERM CARE INFORMATION.— ness, attitudes, and behaviors regarding ad- and resources to contact for further inquir- vance care planning. (1) DEVELOPMENT.—Not later than January ies; 1, 2010, the Secretary shall develop an online (B) BASELINE SURVEY.—In order to evaluate (2) advance directives and their uses, in- the effectiveness of the national campaign, clearinghouse to provide comprehensive including living wills and durable powers of at- formation regarding advance care planning. the Secretary shall conduct a baseline sur- torney; vey prior to implementation of the cam- (2) MAINTENANCE.—The advance care plan- (3) the roles and responsibilities of a health ning clearinghouse, which shall be clearly paign. care proxy; (C) REPORTING REQUIREMENT.—Not later identifiable and available on the homepage (4) Federal and State-specific resources to of the Department of Health and Human than December 31, 2013, the Secretary shall assist individuals and their families with ad- report the findings of such survey, as well as Service’s National Clearinghouse for Long- vance care planning, including— Term Care Information website, shall be any recommendations that the Secretary de- (A) the advance care planning toll-free termines appropriate regarding the need for maintained and publicized by the Secretary telephone hotline established under section on an ongoing basis. continuation or legislative or administrative 10101; changes to facilitate changing public aware- (3) CONTENT.—The advance care planning (B) the advance care planning clearing- clearinghouse shall include— ness, attitudes, and behaviors regarding ad- houses established under section 10102; vance care planning, to the appropriate com- (A) any relevant content contained in the (C) the advance care planning toolkit es- national public education campaign required mittees of the Congress. tablished under this section; (b) REPEAL.—Section 4751(d) of the Omni- under section 10104; (D) available State legal service organiza- bus Budget Reconciliation Act of 1990 (42 (B) content addressing— tions to assist individuals with advance care U.S.C. 1396a note; Public Law 101–508) is re- (i) an explanation of advanced care plan- planning, including those organizations that pealed. ning and its importance; receive funding pursuant to the Older Ameri- (ii) issues to be considered when developing SEC. 10105. UPDATE OF MEDICARE AND SOCIAL cans Act of 1965 (42 U.S.C. 3001 et seq.); and SECURITY HANDBOOKS. an individual’s advance care plan; (E) website links or addresses for State- (a) MEDICARE & YOU HANDBOOK.— (iii) how to establish an advance directive; specific advance directive forms; and (1) IN GENERAL.—Not later than 60 days (iv) procedures to help ensure that an indi- (5) any additional information, as deter- after the date of enactment of this Act, the vidual’s directives for end-of-life care are fol- mined by the Secretary. Secretary shall update the online version of lowed; and SEC. 10104. NATIONAL PUBLIC EDUCATION CAM- the ‘‘Planning Ahead’’ section of the Medi- (v) hospice and palliative care (including PAIGN. care & You Handbook to include— their respective purposes and services); and (a) NATIONAL PUBLIC EDUCATION CAM- (A) an explanation of advance care plan- (C) available Federal and State-specific re- PAIGN.— ning and advance directives, including— sources for assistance with advance care (1) IN GENERAL.—Not later than January 1, (i) living wills; planning, including— 2011, the Secretary, acting through the Di- (ii) health care proxies; and (i) contact information for any State pub- rector of the Centers for Disease Control and (iii) after-death directives; lic health departments that are responsible Prevention, shall, directly or through (B) Federal and State-specific resources to for issues regarding end-of-life care; grants, contracts, or interagency agree- assist individuals and their families with ad- (ii) contact information for relevant legal ments, develop and implement a national vance care planning, including— service organizations, including those funded campaign to inform the public of the impor- (i) the advance care planning toll-free tele- under the Older Americans Act of 1965 (42 tance of advance care planning and of an in- phone hotline established under section U.S.C. 3001 et seq.); and dividual’s right to direct and participate in 10101; (iii) advance directive forms for each their health care decisions. (ii) the advance care planning clearing- State; and (2) CONTENT OF EDUCATIONAL CAMPAIGN.— houses established under section 10102; (D) any additional information, as deter- The national public education campaign es- (iii) the advance care planning toolkit es- mined by the Secretary. tablished under paragraph (1) shall— tablished under section 10103; (b) ESTABLISHMENT OF PEDIATRIC ADVANCE (A) employ the use of various media, in- (iv) available State legal service organiza- CARE PLANNING CLEARINGHOUSE.— cluding regularly televised public service an- tions to assist individuals with advance care (1) DEVELOPMENT.—Not later than January nouncements; planning, including those organizations that 1, 2011, the Secretary, in consultation with (B) provide culturally and linguistically receive funding pursuant to the Older Ameri- the Assistant Secretary for Children and appropriate information; cans Act of 1965 (42 U.S.C. 3001 et seq.); and Families of the Department of Health and (C) be conducted continuously over a pe- (v) website links or addresses for State-spe- Human Services, shall develop an online riod of not less than 5 years; cific advance directive forms; and clearinghouse to provide comprehensive in- (D) identify and promote the advance care (C) any additional information, as deter- formation regarding pediatric advance care planning information available on the De- mined by the Secretary. planning. partment of Health and Human Service’s Na- (2) UPDATE OF PAPER AND SUBSEQUENT (2) MAINTENANCE.—The pediatric advance tional Clearinghouse for Long-Term Care In- VERSIONS.—The Secretary shall include the care planning clearinghouse, which shall be formation website and Administration for information described in paragraph (1) in all clearly identifiable on the homepage of the Children and Families website, as well as paper and electronic versions of the Medi- Administration for Children and Families any other relevant Federal or State-specific care & You Handbook that are published on website, shall be maintained and publicized advance care planning resources; or after the date that is 60 days after the by the Secretary on an ongoing basis. (E) raise public awareness of the con- date of enactment of this Act. (3) CONTENT.—The pediatric advance care sequences that may result if an individual is (b) SOCIAL SECURITY HANDBOOK.—The Com- planning clearinghouse shall provide ad- no longer able to express or communicate missioner of Social Security shall— vance care planning information specific to their health care decisions; (1) not later than 60 days after the date of children with life-threatening illnesses or in- (F) address the importance of individuals enactment of this Act, update the online juries and their families. speaking to family members, health care version of the Social Security Handbook for

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beneficiaries to include the information de- (1) IN GENERAL.—The Secretary shall use (i) in clause (i), by striking ‘‘and’’ at the scribed in subsection (a)(1); and amounts made available under paragraph (3) end; (2) include such information in all paper to award grants to States for State health (ii) in clause (ii), by striking the period at and online versions of such handbook that insurance assistance programs receiving as- the end and inserting ‘‘; and’’; and are published on or after the date that is 60 sistance under section 4360 of the Omnibus (iii) by inserting after clause (ii), the fol- days after the date of enactment of this Act. Budget Reconciliation Act of 1990 to provide lowing new clause: SEC. 10106. AUTHORIZATION OF APPROPRIA- advance care planning services to Medicare ‘‘(iii) $20,000,000 for each of fiscal years 2010 TIONS. beneficiaries, personal representatives of through 2014.’’; and There is authorized to be appropriated for such beneficiaries, and the families of such (B) by striking subparagraph (B), and in- the period of fiscal years 2010 through 2014— beneficiaries. Such services shall include inserting the following: (1) $195,000,000 to the Secretary to carry formation regarding State-specific advance ‘‘(B) ALLOCATION OF FUNDS.—The Secretary out sections 10101, 10102, 10103, 10104 and directives and ways to discuss individual shall specify a method for allocating the 10105(a); and care wishes with health care providers. funds made available under this subsection (2) $5,000,000 to the Commissioner of Social (2) REQUIREMENTS.— among States awarded a grant for fiscal year Security to carry out section 10105(b). (A) AWARD OF GRANTS.—In making grants 2010, 2011, 2012, 2013, or 2014. Such method under this subsection for a fiscal year, the Subpart B—State and Local Initiatives shall provide that— Secretary shall satisfy the following require- ‘‘(i) 100 percent of such funds for each of SEC. 10111. FINANCIAL ASSISTANCE FOR AD- ments: VANCE CARE PLANNING. fiscal years 2010 through 2014 shall be award- (i) Two-thirds of the total amount of funds ed to States that design programs to adopt (a) LEGAL ASSISTANCE FOR ADVANCE CARE available under paragraph (3) for a fiscal the innovative methods described in para- PLANNING.— year shall be allocated among those States graph (2)(G); and (1) DEFINITION OF RECIPIENT.—Section approved for a grant under this section that 1002(6) of the Legal Services Corporation Act ‘‘(ii) in no event shall a payment to a State have adopted the Uniform Health-Care Deci- awarded a grant under this subsection for (42 U.S.C. 2996a(6)) is amended by striking sions Act drafted by the National Conference ‘‘clause (A) of’’ and inserting ‘‘subparagraph fiscal year 2010 be made prior to July 1, of Commissioners on Uniform State Laws 2010.’’. (A) or (B) of’’. and approved and recommended for enact- (d) ADVANCE CARE PLANNING COMMUNITY (2) ADVANCE CARE PLANNING.—Section 1006 ment by all States at the annual conference TRAINING GRANTS.— of the Legal Services Corporation Act (42 of such commissioners in 1993. U.S.C. 2996e) is amended— (1) IN GENERAL.—The Secretary shall use (ii) One-third of the total amount of funds amounts made available under paragraph (3) (A) in subsection (a)(1)— available under paragraph (3) for a fiscal (i) by striking ‘‘title, and (B) to make’’ and to award grants to area agencies on aging (as year shall be allocated among those States defined in section 102 of the Older Americans inserting the following: ‘‘title; approved for a grant under this section that Act of 1965 (42 U.S.C. 3002)). ‘‘(C) to make’’; and have adopted a uniform form regarding or- (2) REQUIREMENTS.— (ii) by inserting after subparagraph (A) the ders regarding life sustaining treatment (as (A) USE OF FUNDS.—Funds awarded to an following: described in section 10002) or a comparable area agency on aging under this subsection ‘‘(B) to provide financial assistance, and approach to advance care planning. shall be used to provide advance care plan- make grants and contracts, as described in (B) WORK PLAN; REPORT.—As a condition of ning education and training opportunities subparagraph (A), on a competitive basis for being awarded a grant under this subsection, for local aging service providers and organi- the purpose of providing legal assistance in a State shall submit the following to the zations. the form of advance care planning (as de- Secretary: ORK PLAN; REPORT.—As a condition of fined in section 10002 of the Patient Protec- (i) An approved plan for expending grant (B) W tion and Affordable Care Act, and including funds. being awarded a grant under this subsection, providing information about State-specific (ii) For each fiscal year for which the State an area agency on aging shall submit the fol- advance directives, as defined in that sec- is paid grant funds under this subsection, an lowing to the Secretary: tion) for eligible clients under this title, in- annual report regarding the use of the funds, (i) An approved plan for expending grant cluding providing such planning to the fam- including the number of Medicare bene- funds. ily members of eligible clients and persons ficiaries served and their satisfaction with (ii) For each fiscal year for which the agen- with power of attorney to make health care the services provided. cy is paid grant funds under this subsection, decisions for the clients; and’’; and (C) LIMITATION.—No State shall be paid an annual report regarding the use of the (B) in subsection (b), by adding at the end funds from a grant made under this sub- funds, including the number of Medicare the following: section prior to July 1, 2010. beneficiaries served and their satisfaction ‘‘(2) Advance care planning provided in ac- (3) AUTHORIZATION OF APPROPRIATIONS.— with the services provided. cordance with subsection (a)(1)(B) shall not There is authorized to be appropriated to the (C) LIMITATION.—No area agency on aging be construed to violate the Assisted Suicide Secretary to the Centers for Medicare & shall be paid funds from a grant made under Funding Restriction Act of 1997 (42 U.S.C. Medicaid Services Program Management Ac- this subsection prior to July 1, 2010. 14401 et seq.).’’. count, $12,000,000 for each of fiscal years 2010 (3) AUTHORIZATION OF APPROPRIATIONS.— (3) REPORTS.—Section 1008(a) of the Legal through 2014 for purposes of awarding grants There is authorized to be appropriated to the Services Corporation Act (42 U.S.C. 2996g(a)) to States under paragraph (1). Secretary to the Centers for Medicare & is amended by adding at the end the fol- (c) MEDICAID TRANSFORMATION GRANTS FOR Medicaid Services Program Management Ac- lowing: ‘‘The Corporation shall require such ADVANCE CARE PLANNING.—Section 1903(z) of count, $12,000,000 for each of fiscal years 2010 a report, on an annual basis, from each the Social Security Act (42 U.S.C. 1396b(z)) is through 2014 for purposes of awarding grants grantee, contractor, or other recipient of fi- amended— to area agencies on aging under paragraph nancial assistance under section (1) in paragraph (2), by adding at the end (1). 1006(a)(1)(B).’’. the following new subparagraph: (e) NONDUPLICATION OF ACTIVITIES.—The (4) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(G) Methods for improving the effective- Secretary shall establish procedures to en- Section 1010 of the Legal Services Corpora- ness and efficiency of medical assistance pro- sure that funds made available under grants tion Act (42 U.S.C. 2996i) is amended— vided under this title by making available to awarded under this section or pursuant to (A) in subsection (a)— individuals enrolled in the State plan or amendments made by this section supple- (i) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’; under a waiver of such plan information re- ment, not supplant, existing Federal fund- (ii) in the last sentence, by striking ‘‘Ap- garding advance care planning (as defined in ing, and that such funds are not used to du- propriations for that purpose’’ and inserting section 10002 of the Patient Protection and plicate activities carried out under such the following: Affordable Care Act), including at time of grants or under other Federally funded pro- ‘‘(3) Appropriations for a purpose described enrollment or renewal of enrollment in the grams. in paragraph (1) or (2)’’; and plan or waiver, through providers, and SEC. 10112. GRANTS FOR PROGRAMS FOR OR- (iii) by inserting before paragraph (3) (as through such other innovative means as the DERS REGARDING LIFE SUSTAINING designated by clause (ii)) the following: State determines appropriate.’’; TREATMENT. ‘‘(2) There are authorized to be appro- (2) in paragraph (3), by adding at the end (a) IN GENERAL.—The Secretary shall make priated to carry out section 1006(a)(1)(B), the following new subparagraph: grants to eligible entities for the purpose $10,000,000 for each of fiscal years 2010, 2011, ‘‘(D) WORK PLAN REQUIRED FOR AWARD OF of— 2012, 2013, and 2014.’’; and ADVANCE CARE PLANNING GRANTS.—Payment (1) establishing new programs for orders re- (B) in subsection (d), by striking ‘‘sub- to a State under this subsection to adopt the garding life sustaining treatment in States section (a)’’ and inserting ‘‘subsection innovative methods described in paragraph or localities; (a)(1)’’. (2)(G) is conditioned on the State submitting (2) expanding or enhancing an existing pro- (5) EFFECTIVE DATE.—This subsection and to the Secretary an approved plan for ex- gram for orders regarding life sustaining the amendments made by this subsection pending the funds awarded to the State treatment in States or localities; or take effect July 1, 2010. under this subsection.’’; and (3) providing a clearinghouse of informa- (b) STATE HEALTH INSURANCE ASSISTANCE (3) in paragraph (4)— tion on programs for orders for life sus- PROGRAMS.— (A) in subparagraph (A)— taining treatment and consultative services

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13271 for the development or enhancement of such PART II—PROVIDER EDUCATION (1) in paragraph (1)— programs. SEC. 10121. PUBLIC PROVIDER ADVANCE CARE (A) in subparagraph (B), by inserting ‘‘and if presented by the individual, to include the (b) AUTHORIZED ACTIVITIES.—Activities PLANNING WEBSITE. (a) DEVELOPMENT.—Not later than January content of such advance directive in a promi- funded through a grant under this section for 1, 2010, the Secretary, acting through the Ad- nent part of such record’’ before the semi- an area may include— ministrator of the Centers for Medicare & colon at the end; (1) developing such a program for the area Medicaid Services and the Director of the (B) in subparagraph (D), by striking ‘‘and’’ that includes home care, hospice, long-term Agency for Healthcare Research and Quality, after the semicolon at the end; care, community and assisted living resi- shall establish a website for providers under (C) in subparagraph (E), by striking the pe- dences, skilled nursing facilities, inpatient Medicare, Medicaid, the Children’s Health riod at the end and inserting ‘‘; and’’; and rehabilitation facilities, hospitals, and emer- Insurance Program, the Indian Health Serv- (D) by inserting after subparagraph (E) the gency medical services within the area; ice (include contract providers) and other following new subparagraph: (2) securing consultative services and ad- public health providers on each individual’s ‘‘(F) to provide each individual with the vice from institutions with experience in de- right to make decisions concerning medical opportunity to discuss issues relating to the veloping and managing such programs; and care, including the right to accept or refuse information provided to that individual pur- (3) expanding an existing program for or- medical or surgical treatment, and the exist- suant to subparagraph (A) with an appro- ders regarding life sustaining treatment to ence of advance directives. priately trained professional.’’; serve more patients or enhance the quality (b) MAINTENANCE.—The website, shall be (2) in paragraph (3), by striking ‘‘a writ- of services, including educational services maintained and publicized by the Secretary ten’’ and inserting ‘‘an’’; and for patients and patients’ families or train- on an ongoing basis. (3) by adding at the end the following new ing of health care professionals. (c) CONTENT.—The website shall include paragraph: content, tools, and resources necessary to do ‘‘(5)(A) An advance directive validly exe- (c) DISTRIBUTION OF FUNDS.—In funding the following: cuted outside of the State in which such ad- grants under this section, the Secretary (1) Inform providers about the advance di- vance directive is presented by an adult indi- shall ensure that, of the funds appropriated rective requirements under the health care vidual to a provider of services, a Medicare to carry out this section for each fiscal programs described in subsection (a) and Advantage organization, or a prepaid or eli- year— other State and Federal laws and regulations gible organization shall be given the same ef- (1) at least two-thirds are used for estab- related to advance care planning. fect by that provider or organization as an lishing or developing new programs for or- (2) Educate providers about advance care advance directive validly executed under the ders regarding life sustaining treatment; and planning quality improvement activities. law of the State in which it is presented (2) one-third is used for expanding or en- (3) Provide assistance to providers to— would be given effect. hancing existing programs for orders regard- (A) integrate advance directives into elec- ‘‘(B)(i) The definition of an advanced direc- ing life sustaining treatment. tronic health records, including oral directive shall also include actual knowledge of tives; and instructions made while an individual was (d) DEFINITIONS.—In this section: (B) develop and disseminate advance care able to express the wishes of such individual (1) The term ‘‘eligible entity’’ includes— planning informational materials for their with regard to health care. (A) an academic medical center, a medical patients. ‘‘(ii) For purposes of clause (i), the term school, a State health department, a State (4) Inform providers about advance care ‘actual knowledge’ means the possession of medical association, a multi-State taskforce, planning continuing education requirements information of an individual’s wishes com- a hospital, or a health system capable of ad- and opportunities. municated to the health care provider orally ministering a program for orders regarding (5) Encourage providers to discuss advance or in writing by the individual, the individ- life sustaining treatment for a State or lo- care planning with their patients of all ages. ual’s medical power of attorney representa- cality; or (6) Assist providers’ understanding of the tive, the individual’s health care surrogate, or other individuals resulting in the health (B) any other health care agency or entity continuum of end-of-life care services and care provider’s personal cognizance of these as the Secretary determines appropriate. supports available to patients, including pal- wishes. Other forms of imputed knowledge (2) The term ‘‘order regarding life sus- liative care and hospice. are not actual knowledge. taining treatment’’ means, with respect to (7) Inform providers of best practices for an individual, an actionable medical order ‘‘(C) The provisions of this paragraph shall discussing end-of-life care with dying pa- preempt any State law to the extent such relating to the treatment of that individual tients and their loved ones. law is inconsistent with such provisions. The that— SEC. 10122. CONTINUING EDUCATION FOR PHYSI- provisions of this paragraph shall not pre- (A) is signed and dated by a physician (as CIANS AND NURSES. empt any State law that provides for greater defined in section 1861(r)(1) of the Social Se- (a) IN GENERAL.—Not later than January 1, portability, more deference to a patient’s curity Act (42 U.S.C. 1395x(r)(1))) or another 2012, the Secretary, acting through the Di- wishes, or more latitude in determining a pa- health care professional (as specified by the rector of Health Resources and Services Ad- tient’s wishes.’’. Secretary and who is acting within the scope ministration, shall develop, in consultation (b) MEDICAID.—Section 1902(w) of the So- of the professional’s authority under State with health care providers and State boards cial Security Act (42 U.S.C. 1396a(w)) is law in signing such an order) and is in a form of medicine and nursing, a curriculum for amended— that permits it to stay with the patient and continuing education that States may adopt (1) in paragraph (1)— be followed by health care professionals and for physicians and nurses on advance care (A) in subparagraph (B)— providers across the continuum of care, in- planning and end-of-life care. (i) by striking ‘‘in the individual’s medical cluding home care, hospice, long-term care, (b) CONTENT.— record’’ and inserting ‘‘in a prominent part community and assisted living residences, (1) IN GENERAL.—The continuing education of the individual’s current medical record’’; skilled nursing facilities, inpatient rehabili- curriculum developed under subsection (a) and tation facilities, hospitals, and emergency for physicians and nurses shall, at a min- (ii) by inserting ‘‘and if presented by the medical services; imum, include— individual, to include the content of such ad- (B) effectively communicates the individ- (A) a description of the meaning and im- vance directive in a prominent part of such ual’s preferences regarding life sustaining portance of advance care planning; record’’ before the semicolon at the end; treatment, including an indication of the (B) a description of advance directives, in- (B) in subparagraph (D), by striking ‘‘and’’ treatment and care desired by the individual; cluding living wills and durable powers of at- after the semicolon at the end; (C) is uniquely identifiable and standard- torney, and the use of such directives; (C) in subparagraph (E), by striking the pe- ized within a given locality, region, or State (C) palliative care principles and ap- riod at the end and inserting ‘‘; and’’; and (as identified by the Secretary); proaches to care; and (D) by inserting after subparagraph (E) the (D) is portable across care settings; and (D) the continuum of end-of-life services following new subparagraph: (E) may incorporate any advance directive and supports, including palliative care and ‘‘(F) to provide each individual with the (as defined in section 1866(f)(3) of the Social hospice. opportunity to discuss issues relating to the Security Act (42 U.S.C. 1395cc(f)(3)) if exe- (2) ADDITIONAL CONTENT FOR PHYSICIANS.— information provided to that individual pur- cuted by the individual. . The continuing education curriculum for suant to subparagraph (A) with an appro- (3) The term ‘‘program for orders regarding physicians developed under subsection (a) priately trained professional.’’; life sustaining treatment’’ means, with re- shall include instruction on how to conduct (2) in paragraph (4), by striking ‘‘a writ- spect to an area, a program that supports the advance care planning with patients and ten’’ and inserting ‘‘an’’; and active use of orders regarding life sustaining their loved ones. (3) by adding at the end the following para- treatment in the area. Subtitle B—Portability of Advance graph: Directives; Health Information Technology ‘‘(6)(A) An advance directive validly exe- (e) AUTHORIZATION OF APPROPRIATIONS.—To SEC. 10131. PORTABILITY OF ADVANCE DIREC- cuted outside of the State in which such ad- carry out this section, there are authorized TIVES. vance directive is presented by an adult indi- to be appropriated such sums as may be nec- (a) MEDICARE.—Section 1866(f) of the Social vidual to a provider or organization shall be essary for each of the fiscal years 2009 Security Act (42 U.S.C. 1395cc(f)) is amend- given the same effect by that provider or or- through 2014. ed— ganization as an advance directive validly

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13272 CONGRESSIONAL RECORD — SENATE December 15, 2009 executed under the law of the State in which SEC. 10132. STATE ADVANCE DIRECTIVE REG- advance directive is included in the State it is presented would be given effect. ISTRIES; DRIVER’S LICENSE AD- registry established under section 399X; and VANCE DIRECTIVE NOTATION. ‘‘(B)(i) The definition of an advance direc- ‘‘(B) any other information as the Director Part P of title III of the Public Health may require. tive shall also include actual knowledge of Service Act (42 U.S.C. 280g) is amended by ‘‘(c) ANNUAL REPORT.—For each year for instructions made while an individual was adding at the end the following: which a State receives an award under this able to express the wishes of such individual ‘‘SEC. 399X. STATE ADVANCE DIRECTIVE REG- section, such State shall submit an annual with regard to health care. ISTRIES. report to the Director on the use of the funds ‘‘(ii) For purposes of clause (i), the term ‘‘(a) STATE ADVANCE DIRECTIVE REG- received pursuant to such award, including ‘actual knowledge’ means the possession of ISTRY.—In this section, the term ‘State ad- the number of State residents served information of an individual’s wishes com- vance directive registry’ means a secure, through the mechanism. electronic database that— municated to the health care provider orally ‘‘(d) AUTHORIZATION.—There is authorized ‘‘(1) is available free of charge to residents or in writing by the individual, the individ- to be appropriated to carry out this section of a State; and $50,000,000 for fiscal year 2010 and each fiscal ual’s medical power of attorney representa- ‘‘(2) stores advance directive documents year thereafter.’’. tive, the individual’s health care surrogate, and makes such documents accessible to or other individuals resulting in the health SEC. 10133. GAO STUDY AND REPORT ON ESTAB- medical service providers in accordance with LISHMENT OF NATIONAL ADVANCE care provider’s personal cognizance of these Federal and State privacy laws. DIRECTIVE REGISTRY. wishes. Other forms of imputed knowledge ‘‘(b) GRANT PROGRAM.—Beginning on July (a) STUDY.—The Comptroller General of are not actual knowledge. 1, 2010, the Secretary, acting through the Di- the United States shall conduct a study on ‘‘(C) The provisions of this paragraph shall rector of the Centers for Disease Control and the feasibility of a national registry for ad- preempt any State law to the extent such Prevention, shall award grants on a competi- vance directives, taking into consideration law is inconsistent with such provisions. The tive basis to eligible entities to establish and the constraints created by the privacy provi- provisions of this paragraph shall not pre- operate, directly or indirectly (by competi- sions enacted as a result of the Health Insur- empt any State law that provides for greater tive grant or competitive contract), State ance Portability and Accountability Act of portability, more deference to a patient’s advance directive registries. 1996 (Public Law 104–191). (b) REPORT.—Not later than 18 months wishes, or more latitude in determining a pa- ‘‘(c) ELIGIBLE ENTITIES.— ‘‘(1) IN GENERAL.—To be eligible to receive after the date of enactment of this Act, the tient’s wishes.’’. a grant under this section, an entity shall— Comptroller General of the United States (c) CHIP.—Section 2107(e)(1) of the Social ‘‘(A) be a State department of health; and shall submit to Congress a report on the Security Act (42 U.S.C. 1397gg(e)(1)), as ‘‘(B) submit to the Director an application study conducted under subsection (a) to- amended by sections 2101(d)(2), 2101(e), and at such time, in such manner, and con- gether with recommendations for such legis- 6401(c), is further amended— taining— lation and administrative action as the (1) by redesignating subparagraphs (G) ‘‘(i) a plan for the establishment and oper- Comptroller General of the United States de- through (N) as subparagraphs (H) through ation of a State advance directive registry; termines to be appropriate. (O), respectively; and and Subtitle C—National Uniform Policy on (2) by inserting after subparagraph (F) the ‘‘(ii) such other information as the Direc- Advance Care Planning following: tor may require. SEC. 10141. STUDY AND REPORT BY THE SEC- ‘‘(G) Section 1902(w) (relating to advance ‘‘(2) NO REQUIREMENT OF NOTATION MECHA- RETARY REGARDING THE ESTAB- directives).’’. NISM.—The Secretary shall not require that LISHMENT AND IMPLEMENTATION OF A NATIONAL UNIFORM POLICY (d) STUDY AND REPORT REGARDING IMPLE- an entity establish and operate a driver’s li- ON ADVANCE DIRECTIVES. MENTATION.— cense advance directive notation mechanism (a) STUDY.— (1) STUDY.—The Secretary shall conduct a for State residents under section 399Y to be eligible to receive a grant under this section. (1) IN GENERAL.—The Secretary, acting study regarding the implementation of the through the Office of the Assistant Secretary amendments made by subsections (a) and (b). ‘‘(d) ANNUAL REPORT.—For each year for which an entity receives an award under this for Planning and Evaluation, shall conduct a (2) REPORT.—Not later than 18 months thorough study of all matters relating to the after the date of enactment of this Act, the section, such entity shall submit an annual report to the Director on the use of the funds establishment and implementation of a na- Secretary shall submit to Congress a report tional uniform policy on advance directives on the study conducted under paragraph (1), received pursuant to such award, including the number of State residents served for individuals receiving items and services together with recommendations for such leg- under titles XVIII, XIX, or XXI of the Social islation and administrative actions as the through the registry. ‘‘(e) AUTHORIZATION.—There is authorized Security Act (42 U.S.C. 1395 et seq.; 1396 et Secretary considers appropriate. to be appropriated to carry out this section seq.; 1397aa et seq.). (e) EFFECTIVE DATES.— $20,000,000 for fiscal year 2010 and each fiscal (2) MATTERS STUDIED.—The matters studied (1) IN GENERAL.—Subject to paragraph (2), year thereafter. by the Secretary under paragraph (1) shall the amendments made by subsections (a), ‘‘SEC. 399Y. DRIVER’S LICENSE ADVANCE DIREC- include issues concerning— (b), and (c) shall apply to provider agree- TIVE NOTATION. (A) family satisfaction that a patient’s ments and contracts entered into, renewed, ‘‘(a) IN GENERAL.—Beginning July 1, 2010, wishes, as stated in the patient’s advance di- or extended under title XVIII of the Social the Secretary, acting through the Director rective, were carried out; Security Act (42 U.S.C. 1395 et seq.), and to of the Centers for Disease Control and Pre- (B) the portability of advance directives, State plans under title XIX of such Act (42 vention, shall award grants on a competitive including cases involving the transfer of an U.S.C. 1396 et seq.) and State child health basis to States to establish and operate a individual from 1 health care setting to an- plans under title XXI of such Act (42 U.S.C. mechanism for a State resident with a driv- other; 1397aa et seq.), on or after such date as the er’s license to include a notice of the exist- (C) immunity from civil liability and Secretary specifies, but in no case may such ence of an advance directive for such resi- criminal responsibility for health care pro- date be later than 1 year after the date of en- dent on such license. viders that follow the instructions in an in- actment of this Act. ‘‘(b) ELIGIBILITY.—To be eligible to receive dividual’s advance directive that was validly (2) EXTENSION OF EFFECTIVE DATE FOR a grant under this section, a State shall— executed in, and consistent with the laws of, STATE LAW AMENDMENT.—In the case of a ‘‘(1) establish and operate a State advance the State in which it was executed; State plan under title XIX of the Social Se- directive registry under section 399X; and (D) conditions under which an advance di- curity Act or a State child health plan under ‘‘(2) submit to the Director an application rective is operative; title XXI of such Act which the Secretary at such time, in such manner, and con- (E) revocation of an advance directive by determines requires State legislation in taining— an individual; order for the plan to meet the additional re- ‘‘(A) a plan that includes a description of (F) the criteria used by States for deter- quirements imposed by the amendments how the State will— mining that an individual has a terminal made by subsections (b) and (c), the State ‘‘(i) disseminate information about ad- condition; plan shall not be regarded as failing to com- vance directives at the time of driver’s li- (G) surrogate decisionmaking regarding ply with the requirements of such title sole- cense application or renewal; end-of-life care; ly on the basis of its failure to meet these ‘‘(ii) enable each State resident with a (H) the provision of adequate palliative additional requirements before the first day driver’s license to include a notice of the ex- care (as defined in paragraph (3)), including of the first calendar quarter beginning after istence of an advance directive for such resi- pain management; the close of the first regular session of the dent on such license in a manner consistent (I) adequate and timely referrals to hospice State legislature that begins after the date with the notice on such a license indicating care programs; and of enactment of this Act. For purposes of the a driver’s intent to be an organ donor; and (J) the end-of-life care needs of children previous sentence, in the case of a State that ‘‘(iii) coordinate with the State depart- and their families. has a 2-year legislative session, each year of ment of health to ensure that, if a State resi- (3) PALLIATIVE CARE.—For purposes of the session is considered to be a separate dent has an advance directive notice on his paragraph (2)(H), the term ‘‘palliative care’’ regular session of the State legislature. or her driver’s license, the existence of such means interdisciplinary care for individuals

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 15, 2009 CONGRESSIONAL RECORD — SENATE S13273 with a life-threatening illness or injury re- menting such guidelines shall not be eligible SEC. 10163. GAO STUDY AND REPORT ON PRO- lating to pain and symptom management for Federal assistance. VIDER ADHERENCE TO ADVANCE DI- and psychological, social, and spiritual needs RECTIVES. Subtitle E—Additional Reports, Research, and that seeks to improve the quality of life Not later than January 1, 2012, the Comp- and Evaluations for the individual and the individual’s fam- troller General of the United States shall ily. SEC. 10161. NATIONAL MORTALITY FOLLOWBACK conduct a study of the extent to which pro- (b) REPORT TO CONGRESS.—Not later than SURVEY. viders comply with advance directives under the Medicare and Medicaid programs and 18 months after the date of enactment of this (a) IN GENERAL.—Not later than December shall submit a report to Congress on the re- Act, the Secretary shall submit to Congress 31, 2010, and annually thereafter, the Sec- sults of such study, together with such rec- a report on the study conducted under sub- retary, acting through the Director of the ommendations for administrative or legisla- section (a), together with recommendations Centers for Disease Control and Prevention, tive changes as the Comptroller General de- for such legislation and administrative ac- shall renew and conduct the National Mor- termines appropriate. tions as the Secretary considers appropriate. tality Followback Survey (referred to in this (c) CONSULTATION.—In conducting the section as the ‘‘Survey’’) to collect data on SA 3240. Mr. ROCKEFELLER (for study and developing the report under this end-of-life care. section, the Secretary shall consult with the himself, Mr. LIEBERMAN, Mr. (b) PURPOSE.—The purpose of the Survey Uniform Law Commissioners, and other in- WHITEHOUSE, and Mr. BINGAMAN) sub- shall be to gain a better understanding of terested parties. mitted an amendment intended to be current end-of-life care in the United States. Subtitle D—Compassionate Care Workforce proposed to amendment SA 2786 pro- (c) QUESTIONS.— Development posed by Mr. REID (for himself, Mr. (1) IN GENERAL.—In conducting the Survey, SEC. 10151. EXEMPTION OF PALLIATIVE MEDI- the Director of the Centers for Disease Con- BAUCUS, Mr. DODD, and Mr. HARKIN) to CINE FELLOWSHIP TRAINING FROM trol and Prevention shall, at a minimum, in- the bill H.R. 3590, to amend the Inter- MEDICARE GRADUATE MEDICAL nal Revenue Code of 1986 to modify the EDUCATION CAPS. clude the following questions with respect to the loved one of a respondent: (a) DIRECT GRADUATE MEDICAL EDU- first-time homebuyers credit in the (A) Did he or she have an advance direc- CATION.—Section 1886(h)(4)(F) of the Social case of members of the Armed Forces tive, and if so, when it was completed. Security Act (42 U.S.C. 1395ww(h)(4)(F)), as and certain other Federal employees, (B) Did he or she have an order for life-sus- amended by section 5503(a)(1), is amended— and for other purposes; which was or- taining treatment, and if so, when was it (1) in clause (i), by inserting ‘‘clause (iii) completed. dered to lie on the table; as follows: and’’ after ‘‘subject to’’; and (C) Did he or she have a durable power of On page 1053, between lines 2 and 3, insert (2) by adding at the end the following new attorney, and if so, when it was completed. the following: clause: (D) Had he or she discussed his or her wish- SEC. 3403A. IMPROVEMENTS TO THE INDE- ‘‘(iii) INCREASE ALLOWED FOR PALLIATIVE es with loved ones, and if so, when. PENDENT MEDICARE ADVISORY MEDICINE FELLOWSHIP TRAINING.—For cost re- (E) Had he or she discussed his or her wish- BOARD. porting periods beginning on or after Janu- es with his or her physician, and if so, when. Section 1899A of the Social Security Act, ary 1, 2011, in applying clause (i), there shall (F) In the opinion of the respondent, was as added by section 3403, is amended— not be taken into account full-time equiva- he or she satisfied with the care he or she re- (1) in subsection (c)— lent residents in the field of allopathic or os- ceived in the last year of life and in the last (A) in paragraph (2)(A), by striking clause teopathic medicine who are in palliative week of life. (iii) and inserting the following new clause: medicine fellowship training that is ap- (G) Was he or she cared for by hospice, and ‘‘(iii) As appropriate, the proposal may in- proved by the Accreditation Council for if so, when. clude recommendations to adjust payments Graduate Medical Education.’’. (H) Was he or she cared for by palliative with respect to all providers of services (as (b) INDIRECT MEDICAL EDUCATION.—Section care specialists, and if so, when. defined in section 1861(u)) and suppliers (as 1886(d)(5)(B) of the Social Security Act (42 defined in section 1861(d)).’’; U.S.C. 1395ww(d)(5)(B)), as amended by sec- (I) Did he or she receive effective pain management (if needed). (B) in paragraph (3)(A)(ii)— tions 5503(b)(2) and 5505(b), is further amend- (i) in subclause (I), by inserting ‘‘or’’ at the ed by adding at the end the following new (J) What was the experience of the main caregiver (including if such caregiver was end; clause: (ii) in subclause (II), by striking ‘‘; or’’ at ‘‘(xi) Clause (iii) of subsection (h)(4)(F) the respondent), and whether he or she received sufficient support in this role. the end and inserting a period; and shall apply to clause (v) in the same manner (iii) by striking subclause (III); (2) ADDITIONAL QUESTIONS.—Additional and for the same period as such clause (iii) (C) in paragraph (7)(C), by striking clause applies to clause (i) of such subsection.’’. questions to be asked during the Survey shall be determined by the Director of the (i) and inserting the following new clause: SEC. 10152. MEDICAL SCHOOL CURRICULA. Centers for Disease Control and Prevention ‘‘(i) in the case of implementation year (a) IN GENERAL.—The Secretary, in con- on an ongoing basis with input from relevant 2015 or any subsequent implementation year, sultation with the Association of American research entities. 1.5 percent; and’’; and Medical Colleges, shall establish guidelines (D) by striking paragraph (8); for the imposition by medical schools of a SEC. 10162. INSPECTOR GENERAL INVESTIGA- (2) in subsection (e), by striking ‘‘August minimum amount of end-of-life training as a TION OF FRAUD AND ABUSE. 15’’ each place it appears and inserting ‘‘June requirement for obtaining a Doctor of Medi- In accordance with the recommendations 1’’; cine degree in the field of allopathic or os- of the Medicare Payment Advisory Commis- (3) in subsection (f)(3)(B), by striking ‘‘or teopathic medicine. sion for additional data (as contained in the advisory reports to Congress’’ and inserting (b) TRAINING.—Under the guidelines estab- March 2009 report entitled ‘‘Report to Con- ‘‘, advisory reports, or other reports’’; lished under subsection (a), minimum train- gress: Medicare Payment Policy’’), the Sec- (4) by redesignating subsections (g) ing shall include— retary shall direct the Office of the Inspector through (m) as subsections (i) through (o), (1) training in how to discuss and help pa- General of the Department of Health and respectively; and tients and their loved ones with advance care Human Services to investigate, not later (5) by adding at the end the following new planning; than January 1, 2012, the following with re- subsections: (2) with respect to students and trainees spect to hospice benefit under Medicare, ‘‘(g) PROPOSALS IN NON-DETERMINATION who will work with children, specialized pe- Medicaid, and CHIP: YEARS.— diatric training; (1) The prevalence of financial relation- ‘‘(1) IN GENERAL.—In any proposal year in (3) training in the continuum of end-of-life ships between hospices and long-term care which the Board is not required to transmit services and supports, including palliative facilities, such as nursing facilities and as- a proposal to the President by reason of the care and hospice; sisted living facilities, that may represent a application of subclause (I) or (II) of sub- (4) training in how to discuss end-of-life conflict of interest and influence admissions section (c)(3)(A)(ii), the Board shall transmit care with dying patients and their loved to hospice. a proposal under this section to the Presi- ones; and (2) Differences in patterns of nursing home dent on January 15 of the year. Except as (5) medical and legal issues training. referrals to hospice. provided in paragraph (2), such a proposal (c) DISTRIBUTION.—Not later than January (3) The appropriateness of enrollment prac- shall be treated as a proposal under this sec- 1, 2011, the Secretary shall disseminate the tices for hospices with unusual utilization tion and all of the provisions of this section guidelines established under subsection (a) patterns (such as high frequency of very long with respect to proposals, including the re- to medical schools. stays, very short stays, or enrollment of pa- quirements under paragraphs (2) and (4) of (d) COMPLIANCE.—Effective beginning not tients discharged from other hospices). subsection (c) and the required Congressional later than July 1, 2012, a medical school that (4) The appropriateness of hospice mar- consideration under subsection (d), shall is receiving Federal assistance shall be re- keting materials and other admissions prac- apply to the proposal. quired to implement the guidelines estab- tices and potential correlations between ‘‘(2) EXCEPTIONS.—The following rules shall lished under subsection (a). A medical school length of stay and deficiencies in marketing apply to a proposal transmitted pursuant to that the Secretary determines is not imple- or admissions practices. paragraph (1):

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‘‘(A) RECOMMENDATIONS FOR ACHIEVING TAR- nually thereafter, the Secretary shall submit (D) Any additional criteria specified by the GET.—The requirement under subsection to Congress a report on the application of Secretary. (c)(2)(A)(i) shall not apply. subparagraph (A). Such report shall include, (2) ADDITIONAL PARTICIPANTS.—Beginning ‘‘(B) REQUIRED INFORMATION.—The proposal with respect to each recommendation con- January 1, 2013, the Secretary shall select 6 shall not include— tained in a report submitted by the Board in or more additional participants who rep- ‘‘(i) recommendations described in sub- that year, a description of whether or not resent diverse geographic areas and are situ- section (c)(2)(A)(i), pursuant to subsection the Secretary incorporated the recommenda- ated in areas of differing population den- (c)(3)(B)(i); or tion into the requirements for certification sities who agree to comply with the guide- ‘‘(ii) an actuarial opinion by the Chief Ac- under such section 1311(c), and if not, the lines, processes, and requirements set forth tuary of the Centers for Medicare & Medicaid reasons why. for the Collaborative. Such additional par- Services certifying that the proposal meets ‘‘(3) MACPAC.—The Medicaid and CHIP ticipants shall meet the following additional the requirements of subsection (c)(2)(A)(i), Payment and Access Commission shall— criteria: pursuant to subsection (c)(3)(B)(iii); ‘‘(A) review whether or not recommenda- (A) Be organized for the provision of pa- ‘‘(C) CONTINGENT SECRETARIAL PROPOSAL.— tions contained in a report submitted to the tient medical care. The Secretary shall not submit a proposal if Commission by the Board under paragraph (B) Be capable of implementing infrastruc- the Board fails to submit a proposal pursu- (1) would improve the Medicaid program ture and health care delivery modifications ant to subsection (c)(5). under title XIX and the Children’s Health In- necessary to enhance health care quality and ‘‘(D) CONGRESSIONAL CONSIDERATION.— surance Program under title XXI if imple- efficiency, as determined by the Secretary in ‘‘(i) Subparagraphs (A) and (B) of sub- mented under such programs; and consultation with the Medicare Payment Ad- section (d)(3) shall be applied by substituting ‘‘(B) include in the Commission’s annual visory Commission. ‘subsection (c)(2)(C)’ for ‘subparagraphs report to Congress the results of such re- (C) The participant’s cost and intensity of (A)(i) and (C) of subsection (c)(2)’. view.’’. care do not meet the definition of high value ‘‘(ii) Subparagraphs (D) and (E) of sub- health care. section (d)(3) and subsection (d)(4)(B)(v) shall SA 3241. Mr. CARPER (for himself, (D) Agree to participate in the Medicare be applied by requiring a simple majority Mr. CONRAD, and Mrs. SHAHEEN) sub- shared savings program under section 1899 of rather than three-fifths of the Members duly mitted an amendment intended to be the Social Security Act, as added by section chosen and sworn. proposed to amendment SA 2786 pro- 3022, the National pilot program on payment bundling under section 1866D of such Act, as ‘‘(iii) Subsection (d)(4)(B)(iv) shall not posed by Mr. REID (for himself, Mr. apply. added by section 3023, or a program under BAUCUS, Mr. DODD, and Mr. HARKIN) to the Center for Medicare and Medicaid Inno- ‘‘(iv) Subsection (d)(4)(C)(v)(II) shall be ap- the bill H.R. 3590, to amend the Inter- plied by substituting ‘subsection (c)(2)(C)’ for vation under section 1115A of such Act, as ‘subparagraphs (A)(i) and (C) of subsection nal Revenue Code of 1986 to modify the added by section 3021. (c)(2)’. first-time homebuyers credit in the (E) The participant would benefit from ‘‘(v) Subsection (d)(4)(E)(iv)(II) shall be ap- case of members of the Armed Forces such participation (as determined by the plied by substituting ‘subsection (c)(2)(C)’ for and certain other Federal employees, Secretary, based on the likelihood that the ‘subparagraphs (A)(i) and (C) of subsection participant would improve its performance and for other purposes; which was or- under section 1886(p) of the Social Security (c)(2)’. dered to lie on the table; as follows: Act, as added by section 3008, section 1886(q) ‘‘(E) SECRETARIAL IMPLEMENTATION.—Sub- On page 722, after line 20, insert the fol- of such Act, as added by section 3025, or any section (e) shall not apply and the Secretary lowing: similar program under title XVIII of the So- shall not implement the recommendations SEC. 3016. INTEGRATED HEALTH CARE SYSTEM cial Security Act). contained in the proposal unless the Sec- COLLABORATION INITIATIVE. (3) ADDITIONAL CRITERIA.—In addition to retary otherwise has the authority to imple- (a) IN GENERAL.—In order to improve the criteria described in paragraphs (1) and ment such recommendations. health care quality and reduce costs, the (2), the participants in the Collaborative ‘‘(h) ANNUAL REPORT WITH RECOMMENDA- Secretary of Health and Human Services (in shall meet the following criteria: TIONS WITH RESPECT TO THE PRIVATE SEC- this section referred to as the ‘‘Secretary’’) (A) Agree to report on quality, cost, and ef- TOR.— shall develop, in consultation with major in- ficiency in such form, manner, and frequency ‘‘(1) IN GENERAL.—Not later than July 1, tegrated health systems that have consist- as specified by the Secretary. 2014, and January 15, 2015, and annually ently demonstrated high quality and low (B) Provide care to patients enrolled in the thereafter, the Board shall submit to Con- cost (as determined by the Secretary and Medicare program. gress, the Secretary, and the Medicaid and verified by a third party) a collaboration ini- (C) Agree to contribute to a best practices CHIP Payment and Access Commission a re- tiative (referred to in this section as ‘‘the network and website, that is maintained by port that includes recommendations on— Collaborative’’). The Collaborative shall de- the Collaborative for sharing strategies on ‘‘(A) requirements under the program velop an exportable model of optimal health quality improvement, care coordination, ef- under this title (or requirements included in care delivery to apply value-based measure- ficiency, and effectiveness. the proposal submitted under this section in ment, integrated information technology in- (D) Use patient-centered processes of care, the year); and frastructure, standard care pathways, and including those that emphasize patient and ‘‘(B) in the case of any report submitted in population-based payment models, to meas- caregiver involvement in shared decision- a year after a determination year (beginning urably improve health care quality, out- making for treatment decisions. with determination year 2017) in which the comes, and patient satisfaction and achieve (E) Meet other criteria determined to be Chief Actuary of the Centers for Medicare & cost savings. appropriate by the Secretary. Medicaid Services has made a determination (b) PARTICIPATION.—Prior to January 1, (c) COLLABORATIVE INITIATIVE.— described in subclause (I) or (II) of sub- 2010, the Secretary shall determine 5 initial (1) IN GENERAL.—Beginning January 1, 2010, section (c)(3)(A)(ii), other requirements de- participants who will form the Collaborative the Collaborative shall begin a 2 year devel- termined appropriate by the Board; and at least 6 additional participants who opment phase in which initial participants that should be included in the requirements will join the Collaborative beginning in the share the quantitative and qualitative meth- established under section 1311(c) of the Pa- fourth year that the Collaborative is in ef- ods through which they have developed high tient Protection and Affordable Care Act for fect. value health care followed by a dissemina- a health plan to be certified as a qualified (1) INITIAL PARTICIPANTS.—Initial partici- tion of that learning model to additional health plan, such as requirements that im- pants selected by the Secretary shall meet participants of the Collaborative. prove the health care delivery system and the following criteria: (2) COORDINATING MEMBER.—In consultation health outcomes (including by promoting in- (A) Be integrated health systems organized with the Secretary, the Collaborative shall tegrated care, care coordination, prevention for the purpose of providing health care serv- select a coordinating member organization and wellness, and quality and efficiency), de- ices. (hereafter identified as the Coordinating Or- crease health care spending, and other appro- (B) Have demonstrated a record of pro- ganization) of the Collaborative. priate improvements viding high value health care for at least the (3) QUALIFICATIONS.—The Coordinating Or- ‘‘(2) INCORPORATION INTO CERTIFICATION RE- 5 previous years, as determined by the Sec- ganization will have in place a comprehen- QUIREMENTS.— retary in consultation with the Medicare sive Medicare database and possess experi- ‘‘(A) IN GENERAL.—The Secretary shall re- Payment Advisory Commission. ence using and analyzing Medicare data to view the recommendations contained in the (C) Agree to participate in the Medicare measure health care utilization, cost, and report submitted to the Secretary by the shared savings program under section 1899 of variation. The Coordinating Organization Board under paragraph (1). The Secretary the Social Security Act, as added by section shall be responsible for reporting to the Sec- may, if determined appropriate, incorporate 3022, the National pilot program on payment retary as required and for any other require- such recommendations into the require- bundling under section 1866D of such Act, as ments deemed necessary by the Secretary. ments for certification under such section added by section 3023, or a program under (4) RESPONSIBILITIES.—The Coordinating 1311(c). the Center for Medicare and Medicaid Inno- Member shall— ‘‘(B) REPORT TO CONGRESS.—Not later than vation under section 1115A of such Act, as (A) lead efforts to develop each aspect of December 31, 2014, and June 15, 2015, and an- added by section 3021. the learning model;

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(B) organize efforts to disseminate the (D) Advanced population health informa- (1) PERFORMANCE RESULTS REPORTS.—The learning model for high value health care, tion technology models. Secretary shall provide such data as is nec- including educating participant institutions; (2) EVALUATION OF PARTICIPANTS.— essary for the Collaborative to measure the and (A) IN GENERAL.—Evaluation of initial par- efficacy of the Collaborative and facilitate (C) provide administrative, technical, ac- ticipants shall be based on documented suc- regular reporting on spending and cost sav- counting, reporting, organizational and in- cess in meeting quality and efficiency meas- ings results relative to a value-based pro- frastructure support needed to carry out the urements. Specific statistically valid meas- gram initiative. goals of the Collaborative. ures of evaluation shall be determined by the (2) REPORTS TO CONGRESS.—Not later than 2 (5) DEVELOPMENT OF LEARNING MODEL.— Secretary. years after the date the first agreement is (A) IN GENERAL.—Initial participants in the (B) PERFORMANCE TARGETS.—The Secretary entered into under this section, and annually Collaborative shall work together to develop shall develop performance targets for par- thereafter, the Secretary shall submit to a learning model based on their experience ticipants. Performance targets developed Congress and make publicly available a re- that includes a reliance on evidence based under the preceding sentence shall be based port on the authority granted to the Sec- care that emphasizes quality and practice on whether participants have improved their retary to carry out the Collaborative under techniques that emphasize efficiency, joint performance under section 1886(p) of the So- this section. Each report shall address the development and implementation of health cial Security Act, as added by section 3008, impact of the use of such authority on ex- information technology, introduction of section 1886(q) of such Act, as added by sec- penditures for, access to, and quality of, care clinical microsystems of care, shared deci- tion 3025, or any similar program under title under title XVIII of the Social Security Act. sion-making, outcomes and measurement, XVIII of the Social Security Act (as deter- (j) DEFINITIONS.—In this section: and the establishment of an e-learning dis- mined by the Secretary). (1) BENEFICIARY.—The term ‘‘beneficiary’’ tributive network, which have been put into (e) MEASUREMENT OF LEARNING MODEL.— means a Medicare beneficiary enrolled under practice at their respective institutions. Participants shall implement techniques part B and entitled to benefits under part A (B) RESPONSIBILITIES.—The Coordinating under the comprehensive learning model. who is not enrolled in Medicare Advantage Member shall do the following: The Secretary shall determine whether such under Part C or a PACE program under sec- (i) Partner with initial participants to implementation improves quality and effi- tion 1894, and meets other criteria as the comprehensively understand each institu- ciency, including cost savings relative to Secretary determines appropriate. tion’s contribution to providing value-based baseline spending for the common conditions (2) HIGH VALUE HEALTH CARE.—The term health care. specified under subsection (c)(5)(B)(iv) and ‘‘high value health care’’ means the care de- (ii) Provide and measure value-based quality measures endorsed by a consensus- livered by organizations shown by statis- health care in a manner that ensures that based organization or otherwise chosen by tically valid methods to meet the highest measures are aligned with current measures the Secretary. The Collaborative shall pre- quality measures established by the Sec- approved by a consensus-based organization, pare a report annually on each participant’s retary as of or after the date of enactment of such as the National Quality Forum, or performance with respect to the efficiency this Act and to be delivering low-cost care other measures as determined appropriate by and quality measurements established by the with high patient satisfaction and clinical the Secretary, while also incorporating pa- Secretary. Such report shall be submitted to outcomes. tient self-reported status and outcomes. the Secretary and Congress and shall be (3) LEARNING MODEL.—The term ‘‘learning (iii) Create a replicable and scalable infra- made publicly available. model’’ means a standardized model devel- structure for common measurement of (f) ADMINISTRATIVE PAYMENT.—For pur- oped by the Initial Participants in the Col- value-based care that can be broadly dis- poses of carrying out this section, there are laborative and based on best practices, as seminated across the Collaborative and other authorized to be appropriated $228,000,000, to jointly developed and put into practice at remain available until expended. Amounts institutions. the Initial Participant’s respective institu- appropriated under the preceding sentence (iv) Implement care pathways for common tions. shall be distributed in the following manner: conditions using standard measures for as- (4) SECRETARY.—The term ‘‘Secretary’’ (1) The Coordinating Organization shall re- sessment across institutions, targeting high means the Secretary of Health and Human ceive $10,000,000 per year for program devel- variation and high cost conditions, including Services. opment related to the Collaborative, includ- (k) ADDITIONAL MONITORING.—The Sec- but not limited to— ing for health information technology and retary may monitor data on expenditures (I) acute myocardial infarction (AMI) and other infrastructure, project evaluations, and quality of services under title XVIII of angioplasty; analysis, and measurement, compliance, the Social Security Act with respect to a (II) coronary artery bypass graft surgery auditings and other reporting. Not less than beneficiary after the beneficiary discon- and percutaneous coronary intervention; $5,000,000 of such funds shall be provided for tinues receiving services under the Collabo- (III) hip or knee replacement; education and training, including for support rative. (IV) spinal surgery; and for the establishment of training teams for (l) OTHER PROVISIONS.— (V) care for chronic diseases including, but the Collaborative, to assist in the integra- (1) LIMITATIONS ON REVIEW.—There shall be not limited to, diabetes, heart disease, and tion of new health information technology, no administrative or judicial review under high blood pressure. best practices of care delivery, microsystems this section or otherwise of— (v) Deploy and disseminate the comprehen- of care delivery, and a distributive e-learn- (A) the elements, parameters, scope, and sive learning model across initial participant ing network for the Collaborative. duration of the Collaborative, including the institutions, achieving improvements in care (2) Each Initial Participant shall receive selection of participants in the Collabo- delivery and lowering costs, and dem- $4,000,000 per year for internal program de- rative; onstrating the portability and viability of velopment for health information tech- (B) the establishment of targets, measure- the processes. nology and other infrastructure, education ment of performance; (6) ADDITIONAL BEST PRACTICES.—As addi- and training, project evaluations, analysis, (C) determinations with respect to whether tional methods of improving health care and measurement, and compliance, auditing, savings have been achieved and the amount quality and efficiency are identified by mem- and other reporting. of savings; and bers of the Collaborative or by other institu- (3) Beginning in 2013, the Secretary may (D) decisions about the extension or expan- tions, Initial Participants in the Collabo- provide funding to additional participants in sion of the Collaborative. rative shall incorporate those practices into the Collaborative in an amount not to exceed (2) ADMINISTRATION.—Chapter 35 of title 44, the learning model. $4,000,000 per participant per year under the 4 United States Code shall not apply to this (d) IMPLEMENTATION OF LEARNING MODEL.— same use guidelines as apply to the Initial section. Beginning January 1, 2013, as additional par- Participants. (3) MONITORING.—The Inspector General of ticipants are selected by the Secretary, Ini- (g) CONTINUATION OR EXPANSION.— the Department of Health and Human Serv- tial Participants in the Collaborative shall (1) TERMINATION.—Subject to paragraph (2), ices shall provide for monitoring of the oper- actively engage in the deployment of the the Collaborative shall terminate on the ation of the Collaborative with regard to vio- learning model to educate each additional date that is 6 years after the date on which lations of section 1877 of the Social Security participant in the common conditions that the Collaborative is established. Act (popularly known as the ‘‘Stark law’’). have been identified. (2) EXPANSION.—The Secretary may con- (4) ANTI-DISCRIMINATION.—The Secretary (1) DISSEMINATION OF LEARNING MODEL.— tinue or expand the Collaborative if the Col- shall not enter into an agreement with an Dissemination methods shall include but not laborative is consistently exceeding quality entity to provide health care items or serv- be limited to the following methods: standards and is not increasing spending ices under the Collaborative, or with an enti- (A) Specialized teams deployed by the Ini- under the program. ty to administer the Collaborative, unless tial Participants to teach and facilitate im- (h) TERMINATION.—The Secretary may ter- such entity guarantees that it will not deny, plementation on site. minate an agreement with a participating limit, or condition the coverage or provision (B) Distance-learning, taking advantage of organization under the Collaborative if such of benefits under the Collaborative for bene- latest interactive technologies. organization consistently failed to meet ficiaries to participate in the Collaborative, (C) On-line, fully accessible repositories of quality standards in the fourth year or any based on any health status-related factor de- shared learning and information related to subsequent year of the Collaborative scribed in section 2702(a)(1) of the Public best practices. (i) REPORTS.— Health Service Act.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\RECORD09\S15DE9.REC S15DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13276 CONGRESSIONAL RECORD — SENATE December 15, 2009 NOTICE OF HEARING Mission: Efforts to Improve Manage- There being no objection, the Senate, COMMITTEE ON INDIAN AFFAIRS– ment Integration at DHS.’’ at 7:56 p.m., adjourned until Wednes- Mr. DORGAN. Mr. President, I would The PRESIDING OFFICER. Without day, December 16, 2009, at 10 a.m. like to announce that the Committee objection, it is so ordered. f on Indian Affairs will meet on Thurs- NEAR EASTERN AND SOUTH AND CENTRAL ASIAN day, December 17, 2009, at 2:15 p.m. in AFFAIRS SUBCOMMITTEE room 628 of the Dirksen Senate Office Mr. President, I ask unanimous con- NOMINATIONS Building to conduct a business meeting sent that the Committee on Foreign Executive nominations received by on pending committee issues, to be fol- Relations be authorized to meet during the Senate: lowed by an oversight hearing on the the session of the Senate on December IN THE AIR FORCE 15, 2009, at 10 a.m., to hold a Near East- Cobell v. Salazar Settlement Agree- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ment. ern Subcommittee hearing entitled IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ‘‘Reevaluating U.S. Policy in Central CATED AND FOR APPOINTMENT AS THE JUDGE ADVO- Those wishing additional information CATE GENERAL OF THE AIR FORCE UNDER TITLE 10, may contact the Indian Affairs Com- Asia.’’ U.S.C., SECTION 8037: mittee at 202–224–2251. The PRESIDING OFFICER. Without To be lieutenant general objection, it is so ordered. f BRIG. GEN. RICHARD C. HARDING f THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- AUTHORITY FOR COMMITTEES TO MENT TO THE GRADE INDICATED IN THE RESERVE OF MEET– PRIVILEGES OF THE FLOOR THE AIR FORCE UNDER TITLE 10, U.S.C., SECTION 12203(A): COMMITTEE ON COMMERCE, SCIENCE, AND Mr. CRAPO. Mr. President, I ask To be colonel TRANSPORTATION unanimous consent that Rachel John- LAWRENCE W. STEINKRAUS, JR. Mr. DORGAN. Mr. President, I ask son and Amanda Critchfield, two staff- THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- unanimous consent that the Com- ers from my office, be granted the MENT TO THE GRADE INDICATED IN THE REGULAR AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): mittee on Commerce, Science, and privilege of the floor for the remainder To be major Transportation be authorized to meet of the consideration of H.R. 3590. KRISTI L. JONES during the session of the Senate on De- The PRESIDING OFFICER. Without JAMES A. OBESTER, JR. cember 15, 2009, at 2:30 p.m. in room 253 objection, it is so ordered. PAVEENA POSANG of the Russell Senate Office Building. Mr. MENENDEZ. Mr. President, I ask BRUNO A. SCHMITZ The PRESIDING OFFICER. Without unanimous consent that Megan THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- MENT TO THE GRADES INDICATED IN THE REGULAR AIR objection, it is so ordered. Moreau, a fellow in my office, be given FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): COMMITTEE ON ENERGY AND NATURAL floor privileges for the remainder of de- To be lieutenant colonel RESOURCES bate on H.R. 3590, the health care re- RAYMOND KING Mr. DORGAN. Mr. President, I ask form legislation currently pending. To be major unanimous consent that the Com- The PRESIDING OFFICER. Without LISA B. BROWNING mittee on Energy and Natural Re- objection, it is so ordered. BERNHARD K. STEPKE sources be authorized to meet during f IN THE ARMY the session of the Senate to conduct a THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR hearing on December 15, at 10 a.m., in ORDERS APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, room SD–366 of the Dirksen Senate Of- Mr. PRYOR. Mr. President, I ask U.S.C., SECTIONS 531 AND 3064: fice Building. unanimous consent that when the Sen- To be major The PRESIDING OFFICER. Without ate completes its business today, it ad- objection, it is so ordered. journ until 10 a.m. Wednesday, Decem- DAWN Y. TAYLOR THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR COMMITTEE ON THE JUDICIARY ber 16; that following the prayer and APPOINTMENT TO THE GRADE INDICATED IN THE Mr. DORGAN. Mr. President, I ask pledge, the Journal of proceedings be UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER unanimous consent that the Com- approved to date, the morning hour be TITLE 10, U.S.C., SECTIONS 531 AND 3064: mittee on the Judiciary be authorized deemed expired, the time for the two To be major to meet during the session of the Sen- leaders be reserved for their use later WALTER COFFEY RUSSELL P. REITER ate, on December 15, 2009, at 10 a.m., in in the day, and the Senate resume con- THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR room SD–226 of the Dirksen Senate Of- sideration of H.R. 3590, the health care APPOINTMENT TO THE GRADE INDICATED IN THE fice Building, to conduct a hearing en- reform legislation, with the first hour UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, titled ‘‘Ensuring the Effective Use of equally divided and controlled between U.S.C., SECTIONS 531 AND 3064: DNA Evidence to Solve Rape Cases Na- the leaders or their designees, with the To be major tionwide.’’ majority leader controlling the first DEAN A. AMBROSE RONALD R. DURBIN The PRESIDING OFFICER. Without half and the Republicans controlling THOMAS R. PRINCE objection, it is so ordered. the second half. JOHN W. TROGDON SELECT COMMITTEE ON INTELLIGENCE The PRESIDING OFFICER. Without THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED STATES OFFICERS FOR APPOINTMENT TO Mr. DORGAN. Mr. President, I ask objection, it is so ordered. THE GRADE INDICATED IN THE RESERVE OF THE ARMY unanimous consent that the Select f UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: Committee on Intelligence be author- To be colonel PROGRAM ized to meet during the session of the PATRICK R. BOSSETTA Mr. PRYOR. Mr. President, we expect WILLIAM J. COFFIN Senate on December 15, 2009, at 2:30 DENNIS C. DEELEY p.m. votes tomorrow in relation to the HAMILTON D. RICHARDS Hutchison motion to commit regarding HELEN E. ROGERS The PRESIDING OFFICER. Without JOHN R. WHITFORD taxes and implementation and the objection, it is so ordered. IN THE MARINE CORPS SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT Sanders amendment regarding a na- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MANAGEMENT, THE FEDERAL WORKFORCE, tional single-payer system. Senators TO THE GRADE INDICATED IN THE UNITED STATES MA- AND THE DISTRICT OF COLUMBIA will be notified when any votes are RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: Mr. DORGAN. Mr. President, I ask scheduled. To be major unanimous consent that the Com- f WILLIAM J. MITCHELL mittee on Homeland Security and Gov- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ernmental Affairs’ Subcommittee on ADJOURNMENT UNTIL 10 A.M. TO THE GRADE INDICATED IN THE UNITED STATES MA- TOMORROW RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION Oversight of Government Management, 12203: the Federal Workforce, and the Dis- Mr. PRYOR. Mr. President, if there is To be colonel trict of Columbia be authorized to no further business to come before the SAM B. CLONTS, JR. meet during the session of the Senate Senate, I ask unanimous consent that JAMES C. FAILMEZGER on December 15, 2009, at 10 a.m. to con- it stand adjourned under the previous CAROLINE P. FERMIN HENRY E. MULL, JR. duct a hearing entitled ‘‘One DHS, One order. RALPH L. PRICE III

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A PROCLAMATION HONORING HONORING DONNA COOK FREEMAN Last month she was diagnosed with ad- WADE BROCK FOR WINNING THE OF SONOMA COUNTY, CALIFORNIA vanced liver cancer and as her life ebbed GIRLS’ DIVISION IV STATE SOFT- away, she made plans for a final celebration BALL CHAMPIONSHIP HON. MIKE THOMPSON at Compass Rose Garden. It was not to be. OF CALIFORNIA Yet she leaves a legacy of progress, a legion IN THE HOUSE OF REPRESENTATIVES of friends and a loving family that includes her HON. ZACHARY T. SPACE husband, Clarence Freeman, her two daugh- Tuesday, December 15, 2009 ters Melinda McLees and Melissa Freeman; OF OHIO Mr. THOMPSON of California. Madam three sons, Scott Freeman, Kevin Freeman IN THE HOUSE OF REPRESENTATIVES Speaker, I rise today with my colleague Rep. and Steve Freeman; and their families which MIKE THOMPSON to honor the memory of include seven grandchildren; as well as her Tuesday, December 15, 2009 Donna Cook Freeman of Bodega Bay in my brother James Cook and a sister Dorothy Mr. SPACE. Madam Speaker: district, an energetic community activist whose Cook Hewett, and their families. petite frame exuded a feisty kind of determina- Madam Speaker, Donna Cook Freeman Whereas, Wade Brock showed hard work tion combined with warmth and humor that brought creativity, vibrancy and determination and dedication to the sport of softball; and earned friends, political power and a long list to every endeavor she took on. She led by her Whereas, Wade Brock was a supportive of accomplishments. powers of persuasion and her personal mag- coach; and Donna came to Bodega Bay a half century netism. She was born in the Depression, but Whereas, Wade Brock always displayed ago as a young, poor and pregnant fisher- was guided through her life by her joyous sportsmanship on and off of the field; now, man’s wife with two small children in tow. She sense of possibility. When the boats are therefore, be it left Bodega Bay and this earthly plain on Oc- blessed at the next Bodega Bay Fishermen’s tober 30, 2009 after two weeks of farewell vis- Festival, we will think of her and recall a spirit Resolved, that along with his friends, family, its from at least 150 friends. She was 72. that could rise above the waves. and the residents of the 18th Congressional Donna Cook Freeman became involved in District, I congratulate Wade Brock on winning local politics in the early 60s in one of the ear- f the Girls’ Division IV State Softball Champion- liest environmental battles of the modern era, ship. We recognize the tremendous hard work the fight over the planned construction of a HONORING THE SONOMA VALLEY and sportsmanship he has demonstrated dur- nuclear power plant at Bodega Head. Donna CHAMBER OF COMMERCE ing the 2008–2009 softball season. and several other ‘‘ordinary’’ townspeople and their friends took on the giant utility, and ulti- HON. LYNN C. WOOLSEY f mately won after they exposed the danger of OF CALIFORNIA building the plant directly on the San Andreas IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE 35TH ANNIVER- Fault. Tuesday, December 15, 2009 SARY OF THE VILLAGE OF WON- Remaining active in coastal issues, she DER LAKE served on the California Coastal Commission’s Ms. WOOLSEY. Madam Speaker, I rise advisory board for the county’s coastal plan. today to honor the 100th anniversary of the She campaigned for a local assessment to Sonoma Valley Chamber of Commerce. The HON. MELISSA L. BEAN provide paramedics for the Bodega Bay Fire Chamber has long served as a spirited de- OF ILLINOIS Protection District. Later she served three fender of the Valley’s interests, by encour- terms as a director of the Fire District. She aging new industry, organizing beautification IN THE HOUSE OF REPRESENTATIVES was also a founder of the Bodega Bay Fisher- projects and managing flood control efforts. The Chamber began the evening of April Tuesday, December 15, 2009 men’s Festival, and served as president and a director of the Bodega Bay Chamber of Com- 10, 1909, when 32 businessmen convened Ms. BEAN. Madam Speaker, I rise to recog- merce, and for a decade she served on the over dinner to discuss how they could stimu- nize the Village of Wonder Lake, a town in my board of the Sonoma County Fair. She suc- late commerce for the benefit of local mer- district celebrating a milestone anniversary this cessfully fought for new port facilities for com- chants and professionals. year. This community has made a unique con- mercial and recreational fishermen that be- Membership quickly grew to 100 and the tribution to the district I represent, and to the came Spud Point Marina. Chamber began their first initiatives, like pub- State of Illinois. She also created a special place in a scrub lishing marketing material and establishing filled ravine at the foot of Bodega Head. She committees to begin tackling an ambitious The Village of Wonder Lake is celebrating filled it with cool ferns, waving trees, rippling agenda. In the early years, the Chamber its 35 year anniversary. Located in McHenry ponds, narrow foot bridges and a gazebo she called for transportation improvements and County, Wonder Lake takes its name from the salvaged from the set of Alfred Hitchcock’s successfully lobbied Congress to protect a largest private man-made lake in the state of Bodega Bay-based classic film, ‘‘The Birds.’’ local federal facility from closure. Illinois. In the 1850s, the area of was served She called this sheltered refuge ‘‘Compass During the Great Depression, the Sonoma by the Harsh School, a one room log building Rose Garden,’’ named both for the center of Valley Chamber of Commerce was instru- serving about a dozen farmhouses. It was not a compass and her mother. She raised her mental in addressing needs of a paralyzed until 1974 that Wonder Lake was incorporated family in a cottage in the garden, and turned business community. To generate renewed in- as residents of the Sunrise Ridge community its verdant grounds into a place for weddings, terest in the organization, the Chamber hosted came together to form a village. family events, community celebrations and po- an event benefiting street and driveway im- Madam Speaker, the Village of Wonder litical fund raisers that both advertised and ex- provements. Lake is unique in its history and adds greatly panded her political influence. In the subsequent years, the Chamber pio- to the vibrant community of the Eighth District She served on the Democratic State Central neered many efforts, including the creation of of Illinois. I thank all the past leaders of the Committee, and her endorsement was gold to a commuter bus service to San Francisco, the Village of Wonder Lake for their dedication to numerous political candidates courting west endorsement of a municipal water system, public service; their community would not have Sonoma County votes. She served a vital role support for State Parks and advocacy for un- reached this milestone without their hard work in ushering in progressive politics to the coun- derground utility and telephone lines. Notably, and commitment. I congratulate Wonder Lake ty when she successfully managed the cam- the Chamber raised local matching funds for a for reaching their 35th anniversary and I wish paign of former Sonoma County Supervisor job stimulus program that was part of Presi- them continued success in the future. Ernie Carpenter. dent Roosevelt’s New Deal.

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

VerDate Nov 24 2008 05:26 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K15DE8.001 E15DEPT1 jbell on DSKDVH8Z91PROD with REMARKS E3002 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2009 Following the attack on Pearl Harbor, the For Thursday, December 10, 2009, had I Now Therefore, I, Henry C. ‘‘Hank’’ John- Chamber was designated as a farm labor of- been present I would have voted ‘‘no’’ on roll- son, Jr. do hereby proclaim November 22, fice tasked with steering workers to local farm- call vote No. 947, on ordering the previous 2009 as Beulah Baptist Church Day in the 4th Congressional District. ers. In the years following the war, the Cham- question to provide for consideration of the Proclaimed, this 22nd day of November, ber focused on supporting an adequate sew- Conference Report to H.R. 3288; ‘‘no’’ on roll- 2009. age system, the introduction of local hospital call vote No. 948, on agreeing to H. Res. 961, f and the adoption of a zoning plan. which provides for consideration of the Con- By mid-century, the Chamber hosted an in- ference Report to H.R. 3288; ‘‘no’’ on rollcall ANDREA LEWIS dustrial conference, boldly escalating efforts to vote No. 949, on agreeing to the Conference bring new industry to the Valley. Report to H.R. 3288; ‘‘aye’’ on rollcall vote No. HON. BARBARA LEE Today the Chamber has expanded its mem- 950, on motion to suspend the rules and OF CALIFORNIA bership to more than 700 leaders who con- agree to H.R. 4017; ‘‘no’’ on rollcall vote No. IN THE HOUSE OF REPRESENTATIVES tinue to help ensure a thriving economy 951, on agreeing to H. Res. 962; ‘‘no’’ on roll- Tuesday, December 15, 2009 through advocacy, promotion, networking, call vote No. 952, on agreeing to H. Res. 964, education and services. which provides for consideration of H.R. 4173; Ms. LEE of California. Madam Speaker, I Operating under the mantra that ‘‘Strong ‘‘no’’ on rollcall vote No. 953, on agreeing to rise today to honor the extraordinary life of An- businesses make strong communities’’, the the Frank amendment No. 1 to H.R. 4173; drea Lewis. A talented journalist, radio news Chamber hosts events, publishes a business ‘‘aye’’ on rollcall vote No. 954, on agreeing to anchor and a true renaissance woman, Ms. magazine and offers comprehensive business, the Sessions amendment to H.R. 4173; ‘‘no’’ Lewis had an uncanny ability to broach any community and visitor resources. The Cham- on rollcall vote No. 955, on agreeing to the subject with her impressive knowledge, affa- ber also leads recognition efforts, honoring the Lynch amendment to H.R. 4173; ‘‘aye’’ on roll- bility and confidence. Ms. Lewis passed away business of the year and green businesses. call vote No. 956, on agreeing to the Murphy Sunday, November 15, 2009 at the age of 52. Madam Speaker, it is appropriate at this (NY) amendment to H.R. 4173; ‘‘no’’ on rollcall Andrea Lewis, a native of Detroit, Michigan, time that we acknowledge the 100th anniver- vote No. 957, on agreeing to the Frank (MA) earned her B.A. from Eastern Michigan Uni- sary of the Sonoma Valley Chamber of Com- amendment to H.R. 4173; ‘‘no’’ on rollcall vote versity, where she studied music, English lit- merce. In years to come, this organization will No. 958, on agreeing to the Stupak amend- erature, and art history. After moving to the remain an integral and powerful force that ment to H.R. 4173; ‘‘no’’ on rollcall vote No. Bay Area in 1983, she became an editor for continues to enrich the business community 959, on agreeing to the Stupak amendment to Plexus: West Coast Women’s Press, and in for the benefit of all Sonoma Valley residents. H.R. 4173. the late 1980s, she worked as a research edi- f For the morning of Friday, December 11, tor for Mother Jones magazine. After gaining 2009, had I been present I would have voted further publishing experience as an editorial PERSONAL EXPLANATION ‘‘no’’ on rollcall vote No. 960, on agreeing to assistant at Harper Collins Publishers in San the Kanjosrki amendment to H.R. 4173; ‘‘aye’’ Francisco and senior editor at Third Force HON. J. GRESHAM BARRETT on rollcall vote No. 961, on agreeing to the Magazine in the early 90s, Ms. Lewis joined OF SOUTH CAROLINA McCarthy (CA) amendment to H.R. 4173; ‘‘no’’ Pacific News Service as an associate editor. IN THE HOUSE OF REPRESENTATIVES on rollcall vote No. 962, on agreeing to the Ms. Lewis, known for her rich, resonant voice, made an effortless transition to radio in Tuesday, December 15, 2009 Peters amendment to H.R. 4173. f 1999, joining the KPFA Morning Show as co- Mr. BARRETT of South Carolina. Madam host of the two-hour weekday public affairs Speaker, unfortunately, I missed the following PROCLAMATION ISSUED TO program. Though the warm tone and timbre of recorded votes on the House floor during the BEULAH BAPTIST CHURCH Andrea’s voice was often praised, she is most week of Monday, December 7, 2009, to Fri- remembered for voicing sound and well-re- day, December 11, 2009. HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. searched opinions. For Tuesday, December 8, 2009, had I OF GEORGIA A tireless advocate and champion for civil been present I would have voted ‘‘aye’’ on roll- IN THE HOUSE OF REPRESENTATIVES rights, Ms. Lewis was particularly interested in call vote No. 931, on motion to instruct con- Tuesday, December 15, 2009 combating sexism, racism and homophobia. ferees regarding H.R. 3288; ‘‘aye’’ on rollcall Ms. Lewis acquired a following throughout her vote No. 932, on motion to suspend the rules Mr. JOHNSON of Georgia. Madam Speaker, career, and was especially admired for her and agree to Con. Res. 199; ‘‘aye’’ on rollcall I would like to submit this proclamation which thoughtful and compassionate equanimity vote No. 933, on motion to suspend the rules I issued to Beulah Baptist Church. when discussing difficult subjects on or off the and agree to H. Con. Res. 206; ‘‘aye’’ on roll- Whereas, the Beulah Baptist Church has air. call vote No. 934, on motion to suspend the been and continues to he a beacon of light to More recently, Ms. Lewis took a year off to our county for the past 113 years; and rules and agree to H. Res. 940; ‘‘aye’’ on roll- Whereas, Pastor Jerry D. Black and the complete a 2008 Knight Journalism Fellowship call vote No. 935, on motion to suspend the members of the Beulah Baptist Church fam- at Stanford University. She returned as rules and agree to H. Res. 845; ‘‘aye’’ on roll- ily today continues to uplift and inspire evening news co-anchor and host of a two- call vote No. 936, on motion to suspend the those in our county; and hour Sunday morning interview and call-in pro- rules and agree to H.R. 2278; ‘‘aye’’ on rollcall Whereas, the Beulah Baptist Church family gram that she dubbed ‘‘Sunday Sedition.’’ She vote No. 937, on motion to suspend the rules has been and continues to be a place where was also a fellow in the Society of Profes- and agree to H. Res. 915; ‘‘aye’’ on rollcall citizens are touched spiritually, mentally and physically through outreach ministries sional Journalists Diversity Leadership Pro- vote No. 938, on motion to suspend the rules and community partnership to aid in build- gram from 2006 to 2007. and agree to H. Res. 907. ing up our District; and Among Ms. Lewis’ many accolades were For Wednesday, December 9, 2009, had I Whereas, this remarkable and tenacious The National Federation of Community Broad- been present I would have voted ‘‘no’’ on roll- Church of God has given hope to the hope- casters’ Golden Reel award in 2002, the Cali- call vote No. 939, on ordering the previous less, fed the needy and empowered our com- fornia Teachers Association’s John Swett question to provide for consideration of H.R. munity for the past 113 years by preaching Award for Media Excellence in 2004, and 4213; ‘‘no’’ on rollcall vote No. 940, on agree- the gospel, singing the gospel and living the many well-received published articles. Ms. gospel; and ing to H. Res. 955); ‘‘aye’’ on rollcall vote No. Whereas, Beulah has produced many spir- Lewis was a regular contributor to Madison, 941, on motion to suspend the rules and pass itual warriors, people of compassion, people Wisconsin’s Progressive Magazine, and I am H.R. 3951; ‘‘no’’ on rollcall vote No. 942, on of great courage, fearless leaders and serv- honored to hear that she was proud to have motion to table appeal of the ruling of the ants to all, but most of all visionaries who had a quotation from our 2005 interview in- chair regarding H.R. 4213; ‘‘no’’ on rollcall have shared not only with their Church, but cluded in the Progressive’s 100th anniversary vote No. 943, on passage of H.R. 4213; ‘‘aye’’ with DeKalb County and the world their pas- edition in April. on rollcall vote No. 944, on motion to suspend sion to spread the gospel of Jesus Christ; and Ms. Lewis exercised a life-long passion for Whereas, the U.S. Representative of the the rules and pass, as amended, H.R. 3603; Fourth District of Georgia has set aside this music as both a member of her university’s ‘‘no’’ on rollcall vote No. 945, on agreeing to day to honor and recognize the Beulah Bap- choral group, which toured Europe, and for the the resolution H. Res. 956; ‘‘aye’’ on rollcall tist Church family for their leadership and last 20 years, as a talented alto in the San vote No. 946, on motion to suspend the rules service to our District on this the 113th An- Francisco Symphony Chorus. Both Ms. Lewis and agree to H.R. 86. niversary of their founding: and her family were so proud when the chorus

VerDate Nov 24 2008 05:26 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.002 E15DEPT1 jbell on DSKDVH8Z91PROD with REMARKS December 15, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3003 had the honor of performing at Carnegie Hall. of Japan on their push to Tokyo until the Jap- The Monitor was founded in a small facility She was also an avid reader, a sports fan and anese surrendered on August 15, 1945. He at the corner of Beaumont and Broadway in a lifelong golfer. She will be remembered by was then part of the occupying U.S. forces in McAllen, Texas. family, friends and colleagues for her laughter, China before returning home in 1946. Eliza- It was ‘‘humble beginnings’’ for our neigh- her insight, her honesty and her vibrant spirit. beth remained back on the home front contrib- borhood paper. This evening, we salute and honor a great uting to the vital efforts supporting our troops Now the Monitor has a 100,000 square foot human being, Ms. Andrea Lewis. Our commu- abroad. She raised two children and is now building, equipped with modern equipment and nity is indebted to her life’s contribution in the proud matriarch of a family that has grown journalists of all backgrounds. countless ways. We extend our deepest con- into 6 grandchildren and 11 great-grand- Over the past 100 years, the Monitor has dolences to Ms. Lewis’s family and to all who children. Her son was a career Air Force en- undergone change, along with changes in were dear to her. May her soul rest in peace. listed man with his children all serving proudly news on a daily basis. f in the officer and enlisted ranks of the United The paper was even renamed four times. States Air Force. Her daughter had two sons But the spirit of its content, unchanged PERSONAL EXPLANATION that attended the United States Naval Acad- through all the years. emy and are currently active duty officers in For a century now, the Monitor has provided HON. JOE WILSON the United States Navy. Besides being a fa- a steady flow of information as a trusted news OF SOUTH CAROLINA ther and grandfather, James has been a ca- source throughout the region. IN THE HOUSE OF REPRESENTATIVES reer railroad freight man moving to trucking The McAllen Monitor has covered groundbreaking news items that have shaped Tuesday, December 15, 2009 freight later in his life and retiring. James and Elizabeth are now in their 9th decade, still liv- the Nation, State, and community. Mr. WILSON of South Carolina. Madam ing unassisted, and until recently, served tire- From 1909 to 2009, the newspaper has cov- Speaker, I submit to the RECORD the following lessly and unselfishly as volunteers at their ered landmark events including: remarks regarding my absence from votes local polling precinct assisting others to vote. ‘‘Black Tuesday’’ when the Nation fell into which occurred on December 14th. Listed This achievement allows for reflection on the Great Depression; below is how I would have voted if I had been what it means to remain in a committed and 1933 when a hurricane hit Brownsville to present. loving relationship dedicated to the values and McAllen; H. Res. 779—Recognizing and supporting ideals that help shape and foster the citizens and in August 1957, a Russian spy was the goals and ideals of National Runaway Pre- of this great country. On behalf of my col- taken into custody in McAllen. vention Month, roll No. 969—‘‘yea.’’ leagues, and myself, I extend to James and In 1968, Hispanics participated in a walkout H. Res. 942—Commending the Real Salt Elizabeth Shaw my gratitude, deep apprecia- at Ecouch-Elsa High School because of unjust Lake soccer club for winning the 2009 Major tion, and continued health for many more treatment in the school. League Soccer Cup, roll No. 970—‘‘yea.’’ years to come. Thank you both for your serv- Three years later, Cesar Chavez visited the f ice and commitment to our country. Valley followed by the great late Senator Ed- f ward ‘‘Ted’’ Kennedy who visited the Valley in PERSONAL EXPLANATION October 1980. PERSONAL EXPLANATION These are landmark, local civil rights move- HON. JUDY CHU ments in our community. OF CALIFORNIA HON. CAROLYN McCARTHY For all these events in history, the Monitor IN THE HOUSE OF REPRESENTATIVES OF NEW YORK was there. That’s why they are our trusted newsource Tuesday, December 15, 2009 IN THE HOUSE OF REPRESENTATIVES in the Rio Grande Valley, McAllen and in Ms. CHU. Madam Speaker, on rollcall No. Tuesday, December 15, 2009 south Texas. 969, Runaway Prevention Month, rollcall No. Mrs. MCCARTHY of New York. Madam They are our local newspaper who under- 970, Real Salt Lake Soccer Club, had I been Speaker, yesterday, I missed 2 votes. Had I stands the spirit of our City and the values of present, I would have voted ‘‘yea.’’ been present, I would have voted as follows: our People. f Rollcall No. 969, on the Motion to Suspend Madam Speaker, I am honored to recognize the Rules and Agree, as Amended, to H. Res. the 100th anniversary of the McAllen Monitor COMMEMORATING THE 70TH WED- 779, I would have voted ‘‘yea.’’ newspaper. DING ANNIVERSARY OF JAMES Rollcall No. 970, on the Motion to Suspend The Monitor is celebrating 100 years of H. AND ELIZABETH GARBUTT the Rules and Agree to H. Res. 942, I would service, continuing its mission for the Rio SHAW have voted ‘‘yea.’’ Grande Valley of south Texas. f A century of news for our community, so I HON. ALLEN BOYD commend and congratulate the Monitor with 100TH ANNIVERSARY OF THE OF FLORIDA the greatest gratitude. MCALLEN MONITOR IN THE HOUSE OF REPRESENTATIVES f Tuesday, December 15, 2009 HON. HENRY CUELLAR RECOGNIZING THE VILLAGE OF Mr. BOYD. Madam Speaker, I rise today to OF TEXAS MUNDELEIN’S 100TH ANNIVERSARY commemorate the 70th wedding anniversary IN THE HOUSE OF REPRESENTATIVES of two American patriots residing in my Dis- Tuesday, December 15, 2009 HON. MELISSA L. BEAN trict. Their deep dedication to this country OF ILLINOIS founded in the commitment to each other is a Mr. CUELLAR. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES testament to the strong values that have made to honor the 100th anniversary of the McAllen this country and its people the model for the Monitor, which has served as a vital news Tuesday, December 15, 2009 world to emulate. source for the Rio Grande Valley of south Ms. BEAN. Madam Speaker, I rise to recog- James Henry Shaw married Elizabeth Texas and our communities. nize Mundelein, a town in my district cele- Garbutt on December 14, 1939 in Valdosta, This newspaper has accomplished a ‘‘cen- brating a milestone anniversary this year. This GA. James is a former U.S. Marine who tury of service’’ to our community over the community has made a unique contribution to stormed the beaches of Yellow Beach with the years. the district I represent, and to the State of Illi- First Marine Division on April 1, 1945 and From copy boys in the past, to computers in nois. fought long and hard in the entire 82-day cam- the present, the Monitor has kept an unprece- Mundelein is celebrating its 100th anniver- paign that saw over 50,000 American casual- dented pulse on south Texas. sary. As early as 1650, the Potawatomi Indi- ties including over 12,000 dead or missing. They’ve generated news and reports of his- ans were trading with French fur traders in the James was one of those casualties sustaining toric people, legends, events, tragedies and area now known as Mundelein. Nearly two shrapnel wounds in his side earning him the accomplishments, that have served to shape centuries later, a group of English immigrants Purple Heart. Once the island was secure, the story of the Rio Grande Valley. came to the area and named their new com- James and his fellow Marines began training The first issue was released on December munity ‘‘Mechanics Grove’’. In 1921, Cardinal exercises preparing to invade the main Islands 11, 1909. George Mundelein of Chicago bought property

VerDate Nov 24 2008 05:31 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.005 E15DEPT1 jbell on DSKDVH8Z91PROD with REMARKS E3004 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2009 in the village to construct St. Mary’s of the that include volunteer work with the animal JASON HODGE Lake Seminary. The village changed its name shelter, zoo, and church. I commend and con- again in 1924 in recognition of Cardinal gratulate the impressive career history of Mundelein’s success with the new seminary. Deborah K. Crawford and her devoted service HON. BARBARA LEE Today, Mundelein has grown to a residential to the taxpayers of North Florida. OF CALIFORNIA community of over 30,000 residents. f Madam Speaker, the village of Mundelein is IN THE HOUSE OF REPRESENTATIVES unique in its history and adds to the vibrant WALL STREET REFORM AND CON- community of the Eighth District of Illinois. I SUMER PROTECTION ACT OF 2009 Tuesday, December 15, 2009 thank all the past leaders of village of SPEECH OF Ms. LEE of California. Madam Speaker, I Mundelein for their dedication to public serv- rise today to honor the exceptional life of Mr. ice; their community would not have reached HON. RON KIND Jason Hodge. A devoted son, brother, neph- OF WISCONSIN this milestone without their hard work and ew, cousin, friend and colleague, Jason IN THE HOUSE OF REPRESENTATIVES commitment. I congratulate Mundelein for Hodge was taken from us too soon, on De- reaching their 100th anniversary and I wish Wednesday, December 9, 2009 cember 6, 2009. Today, let us find comfort in them continued success in the future. The House in Committee of the Whole the joy he inspired and his wonderful spirit. He f House on the State of the Union had under was a bright, confident, ambitious and kind PERSONAL EXPLANATION consideration the bill (H.R. 4173) to provide man, who will be deeply missed. for financial regulatory reform, to protect consumers and investors, to enhance Federal After graduating from Skyline High School in HON. BRETT GUTHRIE understanding of insurance issues, to regu- 1992, Jason Hodge was accepted to the Uni- OF KENTUCKY late the over-the-counter derivatives mar- versity of California, Berkeley. He soon IN THE HOUSE OF REPRESENTATIVES kets, and for other purposes: learned how to overcome obstacles, however, Tuesday, December 15, 2009 Mr. KIND. Madam Chair, I rise today in sup- when the local college funding program meant port of H.R. 4173, the Wall Street Reform and Mr. GUTHRIE. Madam Speaker, I partici- to help pay for his UC Berkeley tuition ran out Consumer Protection Act of 2009. of money. Although this was a terrible shock pated in an official trip to the Middle East to Over the past year, we became aware of visit troops and commanders on the ground. to Jason, he decided to utilize ingenuity and many financial practices which were abusive diligence to create a solution. As a result, I missed two votes on Monday, and reckless. We’re putting an end to those December 14, 2009. Had I been present, I practices and making ‘‘too big to fail’’ a thing After attending Merritt College for two years, would have voted ‘‘yea’’ on rollcall votes 969 of the past. Americans will no longer be re- Jason was awarded a tuition scholarship from and 970. sponsible for the bad business calculations the Rotary Club of Oakland, enabling him to f and irresponsible behavior that almost brought transfer to UC Berkeley as a junior. At this time, in addition to his studies and community HONORING THE CAREER OF down our entire economic system. This bill ef- involvement, Jason became the youngest per- DEBORAH K. CRAWFORD fectively ends the notion of a government guarantee by allowing large, systemically risky son to ever win a seat on the Oakland School HON. ANDER CRENSHAW institutions to fail at their own expense and in Board—he was only 21 years old. a way that doesn’t jeopardize the whole U.S. OF FLORIDA Jason was elected to the School Board in financial system. IN THE HOUSE OF REPRESENTATIVES 1996, after he offered fresh ideas and a stu- The legislation holds Wall Street account- dent perspective in bringing change to local Tuesday, December 15, 2009 able through increased transparency and reg- education programs. Although he had suffered Mr. CRENSHAW. Madam Speaker, I rise ulation of risky practices. A new systemic risk disappointment as a result of the failed ‘‘Prom- today to honor the career of Deborah K. regulator will monitor financial activity across ise’’ college funding program, he wanted to do Crawford of Jacksonville, Florida who has the whole sector to identify risks and irrespon- his best to provide opportunity and change for dedicated over 35 years of her professional sible behavior and prevent them from becom- a new generation of Oakland students. He career towards the protection of individual ing a problem for individual investors and the helped administer programs to protect children rights and reducing the administrative burden entire economy. The bill also establishes an as they walked to and from school, and to pro- on taxpayers. orderly process for dismantling large, failing vide transit passes for a safer commute. Deborah Crawford began her career as a companies—at their own expense, and re- Jason was one of the first voices to decry the Collection Representative for the Internal Rev- quires that stockholders and executives take a state’s lack of funding for local public edu- enue Service (IRS) working in Jacksonville, Fl financial hit if risky deals fall through, ensuring cation, a problem which our community faces an end to taxpayer funded bailouts. representing many low-income individuals who in even greater severity today. needed help accessing benefits that they may This bill effectively reforms our financial sys- have been entitled to under the law. tem without unduly restricting appropriate risk- Jason served two terms, and decided not to Deborah later moved onto the Problem Res- taking. This is pro-business, anti-bailout legis- run for re-election to the board after the state olution Program (PRP), as a collection techni- lation that aims to address the flaws in the took control of the district due to local financial cian. Her positive attitude and willingness to current system in a targeted manner to mini- troubles. For the last several years he served go the extra mile was extremely beneficial to mize the burden on those who did not cause as the Vallejo City Unified School District the citizens of North Florida which earned her the crisis, like Community Banks and Credit spokesman, also serving as special assistant the selection as the Congressional Liaison in Unions—most of whom will be exempt from to Vallejo’s superintendent and public informa- the PRP. additional oversight by the Consumer Finan- tion officer. When the PRP was displaced by the Tax- cial Protection Agency, CFPA. Jason will be remembered as a warm, com- We are addressing the fractured oversight payer Advocate Service (TAS) Deborah con- passionate person who was very close to his that exists in our current system. In creating a tinued on in her role as the Congressional Li- family. In his free time, he made sure to spend Consumer Financial Protection Agency, we aison. TAS is an independent organization time with the people he loved, and also re- will establish a baseline for consumer financial within the IRS whose employees assist tax- cently fulfilled a lifelong dream of traveling protection and target the appropriate financial payers who are experiencing economic hard- cross-country by train. He leaves behind his ships, who are seeking help in resolving prob- institutions. If we are willing to demand that mother, father, three siblings, extended family lems with the IRS, or who believe that an IRS products used by our children are reviewed for and many loving friends. Although these days system or procedure is not working as it safety, we should demand appropriate over- are difficult, I pray that our fond memories of should. sight for the financial products we use to pay Jason will bring us comfort and strength as we Deborah also works with the Low Income for their college. More broadly, the CFPA will celebrate his life. Taxpayer Clinics to assure that the clinics op- ensure that all consumers have a watchdog to erate within the guidelines and to provide rep- protect them against financial institutions en- Today, California’s 9th Congressional Dis- resentation to low income taxpayers with tax gaging in abusive or deceptive practices. trict salutes and honors a great human being, matters before the Internal Revenue Service. This bill focuses on reforming the system so Mr. Jason Hodge. The contributions he made Deborah continues her service to North that we maximize the good and minimize the to others throughout his life are countless and Florida during her personal time with activities harm, and I am proud to support it. precious. May his soul rest in peace.

VerDate Nov 24 2008 05:26 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\K15DE8.003 E15DEPT1 jbell on DSKDVH8Z91PROD with REMARKS December 15, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3005 SUPPORT FOR THE ‘‘LET WALL industry was part of the AMBER Alert system avoidably unable to cast my votes for rollcall STREET PAY FOR THE RESTORA- in Florida. Now, the National Center for Miss- No. 969 and rollcall No. 970. Had I been TION OF MAIN STREET ACT’’ IN- ing & Exploited Children posts AMBER Alerts present, I would have voted ‘‘yea.’’ TRODUCED BY REPRESENTATIVE on digital billboards across the country. f PETER DEFAZIO Madam Speaker, protecting our society from violent crime is extremely important, and often ANDEAN TRADE PREFERENCE HON. MAZIE K. HIRONO overlooked during this holiday time. This inten- EXTENSION ACT OF 2009 sive public outreach in the state gives hope to OF HAWAII the families and friends of the victims of crime SPEECH OF IN THE HOUSE OF REPRESENTATIVES that the perpetrators will be caught and HON. BART STUPAK brought to justice. I commend the Florida De- Tuesday, December 15, 2009 OF MICHIGAN partment of Law Enforcement, the Florida De- Ms. HIRONO. Madam Speaker, years of de- IN THE HOUSE OF REPRESENTATIVES partment of Corrections, the Florida Outdoor regulation and exorbitant risk-taking in the fi- Advertising Association and the media for Thursday, December 10, 2009 nancial markets contributed to the financial working together to make Florida a safer place turmoil we’re in today. Last week, the House Mr. STUPAK. Madam Speaker, I urge my to live, work, and visit. passed a bill that would bring common sense colleagues to vote ‘‘no’’ on H.R. 4284, a bill reforms on Wall Street so that taxpayers f that would increase our trade deficit, compromise our labor laws, and delay a much- would never again be on the hook for bailing PERSONAL EXPLANATION out firms and banks for their risky, irrespon- needed reform to our nation’s trade policy. Since the last extension, in October 2008, sible behavior. HON. SUE WILKINS MYRICK Congress must now pass legislation that Congress has still not adequately addressed OF NORTH CAROLINA puts people back to work. Through TARP, the the fundamental problems in relation to agri- federal government loaned billions of taxpayer IN THE HOUSE OF REPRESENTATIVES culture and labor practices in this trade pref- dollars to Wall Street. It’s time for Wall Street Tuesday, December 15, 2009 erence agreement. to help create jobs on Main Street. With the on-going debate surrounding the Mrs. MYRICK. Madam Speaker, I was un- Colombia Free Trade Agreement and the This can happen in two ways: by using able to participate in the following vote. If I South Korea Free Trade Agreement, and the some of the available TARP funds and by im- had been present, I would have voted as fol- sharp economic recession, it would be irre- posing a modest Wall Street transaction tax lows: sponsible to simply extend these preferences on certain securities trades. This latter pro- December 14, 2009, rollcall vote 969, on without thorough discussions on the effects of posal could raise up to $150 billion a year, motion to suspend the rules and agree, as our trade policy on American jobs. part of which could go toward infrastructure in- amended—H. Res. 779, Recognizing and sup- Originally passed in 1991, the Andean vestment and partly to debt reduction. porting the goals and ideals of National Run- Trade Preference Act (ATPA) was designed to I ask my colleagues to support these pro- away Prevention Month—I would have voted develop economic alternates to narcotics proposals so that we can curb speculation and aye. duction in Bolivia, Colombia, Ecuador, and create jobs that will put Americans back to Rollcall vote 970, on motion to suspend the Peru. work again. rules and agree—H. Res. 942, Commending However, ATPA has failed to reduce co- the Real Salt Lake soccer club for winning the f caine production and it has harmed American 2009 Major League Soccer Cup—I would farmers. RECOGNIZING FLORIDA’S PUBLIC have voted ‘‘aye.’’ SAFETY PARTNERSHIP TO FIND As a result of the ATPA, the U.S. had a $7 f FUGITIVES billion trade deficit with the four ATPA coun- PERSONAL EXPLANATION tries in 2008. Overall, the U.S. trade deficit has grown to HON. CONNIE MACK more than $738 billion and trade policies have OF FLORIDA HON. BILL PASCRELL, JR. cost America 3.2 million manufacturing jobs OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES over the past 10 years. IN THE HOUSE OF REPRESENTATIVES Tuesday, December 15, 2009 Because both the Bush and Obama admin- Tuesday, December 15, 2009 istrations deemed that Bolivia failed to meet Mr. MACK. Madam Speaker, I rise today to Mr. PASCRELL. Madam Speaker, I want to eligibility criteria, H.R. 4284 would extend applaud a new Public Safety Partnership state for the record that yesterday I missed trade preferences only with Columbia, Ecua- launched in my home state of Florida during the two rollcall votes of the day. Unfortunately, dor, and Peru. this holiday season. This unique effort, entitled I missed these votes because I was detained Before extending the Andean Trade Pref- ‘‘12 Days of Fugitives,’’ is an innovative public in my district. erences Act for a fourth time, Congress should outreach plan with the end goal of helping the Had I been present I would have voted take a closer look at damage it has done to state and local law enforcement apprehend 12 ‘‘yea’’ on rollcall vote No. 969 On Motion to American farmers and how it has failed to re- of Florida’s oldest and most violent prison Suspend the Rules and Agree, as Amended— duce illegal drug production in Bolivia, Colom- escapees. H. Res. 779—Recognizing and supporting the bia, Ecuador and Peru. The Florida Department of Corrections and goals and ideals of National Runaway Preven- Among the great economic challenges our Florida Department of Law Enforcement are tion Month. nation faces is creating new trade and working with the U.S. Marshals Service, local Lastly, had I been present I would have globalization policies that serve America’s law enforcement, and the media on this new voted ‘‘yea’’ on rollcall vote No. 970 On Motion workers, consumers, farmers, and firms. initiative. Specifically, members of the Florida to Suspend the Rules and Agree—H. Res. The Obama administration and Congress Outdoor Advertising Association are donating 942—Commending the Real Salt Lake soccer have an opportunity to rewrite our trade policy space on digital billboards to display a tip line club for winning the 2009 Major League Soc- and to create a trade framework that supports telephone number together with pictures of the cer Cup. American jobs. fugitives. In addition, Florida newspapers have Let’s seize this opportunity to create a new f committed to feature the fugitives online and framework for trade agreements. in print. PERSONAL EXPLANATION New trade agreements must meet basic The idea is to empower the public to come standards to protect labor rights, environ- forward with information about the where- HON. MIKE THOMPSON mental standards, food safety regulations, fi- abouts of these escapees. The most recent OF CALIFORNIA nancial regulations, and taxation transparency. escape occurred in 2000; others have been on IN THE HOUSE OF REPRESENTATIVES Most importantly, new trade agreements the run for decades. must protect American workers first. Florida has consistently been a pioneer in Tuesday, December 15, 2009 I urge you to vote against H.R. 4284 when these types of public safety partnerships. Mr. THOMPSON of California. Madam it comes to the House floor today so that we From the beginning, the outdoor advertising Speaker, on December 14, 2009, I was un- can focus on reforming America’s trade laws.

VerDate Nov 24 2008 05:26 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A15DE8.013 E15DEPT1 jbell on DSKDVH8Z91PROD with REMARKS E3006 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2009 PERSONAL EXPLANATION ability to achieve the national security, foreign and uphold its obligations under international policy and economic objectives these pro- law. Attempting to mollify the tyrannical, illegit- HON. ALAN GRAYSON grams are designed to achieve. imate Iranian regime at the expense of these OF FLORIDA f pro-democracy activists would be a tragic mis- IN THE HOUSE OF REPRESENTATIVES take. I call on the Iraqi government to ensure PERSONAL EXPLANATION the protection that these exiles were promised Tuesday, December 15, 2009 and to which they are entitled under inter- Mr. GRAYSON. Madam Speaker, on rollcall HON. JIM JORDAN national law. Nos. 969 and 970, I would have voted ‘‘yes.’’ OF OHIO f I was absent because I joined a congressional IN THE HOUSE OF REPRESENTATIVES HONORING SONOMA VALLEY delegation inspecting military facilities in Iraq, Tuesday, December 15, 2009 CHAMBER OF COMMERCE OF which did not return until the following morn- SONOMA COUNTY, CALIFORNIA ing. Hence, had I been present, I would have Mr. JORDAN of Ohio. Madam Speaker, due voted ‘‘yea.’’ to weather-related flight cancellations that de- f layed my return to Washington until this morn- HON. MIKE THOMPSON ing, I was absent from the House Floor during OF CALIFORNIA EXTENDING ANDEAN TRADE Monday’s two rollcall votes. Had I been IN THE HOUSE OF REPRESENTATIVES PREFERENCES present, I would have voted in favor of H. Res. Tuesday, December 15, 2009 779 and H. Res. 942. Mr. THOMPSON of California. Madam HON. DAVID DREIER f Speaker, I rise today with my colleague, Rep- OF CALIFORNIA CALLING ON THE IRAQI GOVERN- resentative LYNN WOOLSEY, to honor the 100th IN THE HOUSE OF REPRESENTATIVES MENT TO KEEP ITS PROMISE anniversary of the Sonoma Valley Chamber of Tuesday, December 15, 2009 AND UPHOLD ITS OBLIGATIONS Commerce. The Chamber has long served as a spirited defender of the Valley’s interests, by Mr. DREIER. Madam Speaker, I am a UNDER INTERNATIONAL LAW encouraging new industry, organizing beautifi- strong and long-time supporter of the Andean cation projects and managing flood control ef- Trade Preferences Act, ATPA, and I support HON. LINCOLN DIAZ-BALART forts. extending this vital program. Fostering eco- OF FLORIDA The Chamber began the evening of April nomic development and the rule of law in the IN THE HOUSE OF REPRESENTATIVES 10, 1909, when 32 businessmen convened Andean region is essential to our national se- over dinner to discuss how they could stimu- curity, foreign policy and economic interests. Tuesday, December 15, 2009 late commerce for the benefit of local mer- H.R. 4284 extends ATPA benefits for Colom- Mr. LINCOLN DIAZ-BALART of Florida. chants and professionals. bia, Peru, and Ecuador until December 31, Madam Speaker, I rise today to urge the Iraqi Membership quickly grew to 100 and the 2010. authorities not to forcibly remove Camp Ashraf Chamber began their first initiatives, like pub- I believe there are two essential compo- residents from the home where they have lishing marketing material and establishing nents to making ATPA work as effectively as lived for over twenty years. International committees to begin tackling an ambitious possible. First, there must be continuity, so human rights groups such as Amnesty Inter- agenda. In the early years, the Chamber that American businesses and workers can national have warned that forcibly relocating called for transportation improvements and get the greatest benefit. The U.S. jobs that are the Camp Ashraf residents will put the Iranian successfully lobbied Congress to protect a supported by engaging in the Andean region opposition group ‘‘at risk of arbitrary arrest, local federal facility from closure. through ATPA require a sound investment en- torture or other forms of ill-treatment, and un- During the Great Depression, the Sonoma vironment, which in turn demands certainty lawful killing.’’ Valley Chamber of Commerce was instru- that the program will be maintained. Taking On July 29 of this year, I spoke out against mental in addressing needs of a paralyzed action to extend ATPA for an additional year the brutal attack that began on July 28 carried business community. To generate renewed in- beyond December 31, 2009, is a positive step. out by Iraqi security forces who were acting at terest in the organization, the Chamber hosted However, demonstrating a stronger commit- the behest of the Iranian regime. The Iraqi se- an event benefiting street and driveway im- ment to continuity by extending the program curity forces rolled over unarmed Camp Ashraf provements. for at least 2 years would improve the pro- residents with tanks and beat them with sticks, In the subsequent years, the Chamber pio- gram’s effectiveness and provide greater op- killing at least nine residents and injuring neered many efforts, including the creation of portunity for job creation here in the U.S. many more. An injustice of this magnitude a commuter bus service to San Francisco, the Second, there must be accountability. While must not happen again. endorsement of a municipal water system, two of the three current participant countries— If the Iraqi government forcibly moves these support for State Parks and advocacy for un- Colombia and Peru—have made enormous residents from their Camp Ashraf home, it will derground utility and telephone lines. Notably, strides in implementing economic reforms, so- be breaking its promise to the United States the Chamber raised local matching funds for a lidifying the rule of law and engaging as strong and violating its obligations under international job stimulus program that was part of Presi- partners with the U.S., Ecuador has moved law. When these Iranian exiles voluntarily sur- dent Roosevelt’s New Deal. backwards in many regards. Most troubling rendered their weapons to U.S. forces in Following the attack on Pearl Harbor, the has been the failure to strengthen the rule of 2003, they did so in exchange for a promise Chamber was designated as a farm labor of- law, as this is the bedrock upon which all eco- that the U.S. would protect them. When the fice tasked with steering workers to local farm- nomic and political reforms are built. While I United States withdrew from the Camp Ashraf ers. In the years following the war, the Cham- believe that engagement through trade is the region, the United States and Iraq signed an ber focused on supporting an adequate sew- best way to encourage progress, we must agreement that the Iraqi government would age system, the introduction of local hospital take steps to ensure that there is account- continue to ensure their safety. Furthermore, and the adoption of a zoning plan. By mid- ability along the way. Unfortunately, H.R. 4284 Camp Ashraf residents are also shielded by century, the Chamber hosted an industrial removes measures currently in place to con- international law because they are ‘‘protected conference, boldly escalating efforts to bring duct a special review of Ecuador’s progress. persons’’ under Article 27 of the Fourth Gene- new industry to the Valley. This action diminishes the incentives for Ecua- va Convention. Today the Chamber has expanded its mem- dor to play by the rules. It also sends the mes- This attempt to move the Camp Ashraf resi- bership to more than 700 leaders who con- sage to our partners that those who take steps dents to a remote prison in the middle of the tinue to help ensure a thriving economy backwards will get the same treatment as deserts appears to be an ugly attempt by the through advocacy, promotion, networking, those who make enormous forward progress. Iraqi government to appease the Iranian re- education and services. This lack of accountability diminishes the ef- gime. Groups such as Amnesty International Operating under the mantra that ‘‘Strong fectiveness of both the carrot and the stick. warn that it may even lead to their forcible re- businesses make strong communities,’’ the As we consider long-term proposals for our turn to Iran. If returned to Iran, these members Chamber hosts events, publishes a business trade preferences programs, including ATPA, I of the Iranian opposition would face almost magazine and offers comprehensive business, believe that we must ensure there is both certain torture and even death. community and visitor resources. The Cham- greater continuity and greater accountability. Madam Speaker, I call on the Iraqi govern- ber also leads recognition efforts, honoring the Continued failure to do so will only limit our ment to keep its promise to the United States business of the year and green businesses.

VerDate Nov 24 2008 05:26 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.019 E15DEPT1 jbell on DSKDVH8Z91PROD with REMARKS December 15, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3007 Madam Speaker, it is appropriate at this Last month she was diagnosed with ad- PERSONAL EXPLANATION time that we acknowledge the 100th anniver- vanced liver cancer and as her life ebbed sary of the Sonoma Valley Chamber of Com- away she made plans for a final celebration at HON. J. GRESHAM BARRETT merce. In years to come, this organization will Compass Rose Garden. It was not to be. Yet OF SOUTH CAROLINA remain an integral and powerful force that she leaves a legacy of progress, a legion of IN THE HOUSE OF REPRESENTATIVES continues to enrich the business community friends, and a loving family that includes her for the benefit of all Sonoma Valley residents. husband, Clarence Freeman, her two daugh- Tuesday, December 15, 2009 f ters Melinda McLees and Melissa Freeman; Mr. BARRETT of South Carolina. Madam three sons, Scott Freeman, Kevin Freeman, Speaker, unfortunately, I missed the following IN MEMORY OF DONNA FREEMAN and Steve Freeman; and their families, which recorded votes on the House floor on Monday, include seven grandchildren; as well as her December 14, 2009. HON. LYNN C. WOOLSEY brother James Cook and a sister Dorothy Had I been present I would have voted OF CALIFORNIA Cook Hewett, and their families. ‘‘aye’’ on rollcall vote No. 969 (on motion to IN THE HOUSE OF REPRESENTATIVES Madam Speaker, Donna Cook Freeman suspend the rules and agree to H. Res. 779), Tuesday, December 15, 2009 brought creativity, vibrancy and determination ‘‘aye’’ on rollcall vote No. 970 (on motion to to every endeavor she took on. She led by her suspend the rules and agree to H. Res. 942). Ms. WOOLSEY. Madam Speaker, I rise powers of persuasion and her personal mag- f today with my colleague, Representative MIKE netism. She was born in the Depression but THOMPSON, to honor the memory of Donna was guided through her life by her joyous PERSONAL EXPLANATION Cook Freeman of Bodega Bay in my district, sense of possibility. When the boats are an energetic community activist from whose blessed at the next Bodega Bay Fishermen’s HON. XAVIER BECERRA petite frame exuded a feisty kind of determina- Festival, we will think of her, and recall a spirit OF CALIFORNIA tion combined with warmth and humor that that could rise above the waves. IN THE HOUSE OF REPRESENTATIVES earned friends, political power and a long list of accomplishments. Tuesday, December 15, 2009 f Donna came to Bodega Bay a half-century Mr. BECERRA. Madam Speaker, on Thurs- ago as a young, poor and pregnant fisher- PERSONAL EXPLANATION day, December 10, 2009, I missed rollcall No. man’s wife with two small children in tow. She 950. If present, I would have voted ‘‘yea.’’ left Bodega Bay and this earthly plane on Oc- f tober 30, 2009 after two weeks of farewell vis- HON. JAMES R. LANGEVIN its from at least 150 friends. She was 72. OF RHODE ISLAND HONORING THE LIFE AND WORK Donna Cook Freeman became involved in IN THE HOUSE OF REPRESENTATIVES OF MR. ARNOLD MINICUCCI local politics in the early ’60s in one of the Tuesday, December 15, 2009 earliest environmental battles of the modern HON. CHRISTOPHER S. MURPHY era, the fight over the planned construction of Mr. LANGEVIN. Madam Speaker, on De- cember 14, 2009, I was unable to be in the OF CONNECTICUT a nuclear power plant at Bodega Head. Donna IN THE HOUSE OF REPRESENTATIVES and several other ‘‘ordinary’’ townspeople and chamber for two Rollcall votes. Had I been their friends took on the giant utility, and ulti- present, I would have voted ‘‘yea’’ on rollcall Tuesday, December 15, 2009 mately won after they exposed the danger of No. 969, H. Res. 776, a resolution recognizing Mr. MURPHY of Connecticut. Madam building the plant directly on the San Andreas and supporting the goals of National Runaway Speaker, I rise today to honor the life and Fault. Prevention Month and ‘‘yea’’ on rollcall No. work of Mr. Arnold Minicucci of Watertown, Remaining active in coastal issues, she 970, H. Res. 942, a resolution commending Connecticut. served on the California Coastal Commission’s the Real Salt Lake soccer club for winning the For the last 59 years, Arnold Minicucci has advisory board for the county’s coastal plan. 2009 Major League Soccer Cup. been the proud owner and manager of She campaigned for a local assessment to Minicucci’s Incorporated, a menswear clothier provide paramedics for the Bodega Bay Fire f and downtown mainstay in Waterbury, Con- Protection District. Later she served three PERSONAL EXPLANATION necticut. This coming January, he will retire terms as a director of the Fire District. She and close the store he took over from his fa- was also a founder of the Bodega Bay Fisher- ther more than a half-century ago, ending one men’s Festival, and served as president and a HON. RON KLEIN of Waterbury’s most beloved and long-tenured director of the Bodega Bay Chamber of Com- OF FLORIDA businesses. merce, and for a decade served on the board IN THE HOUSE OF REPRESENTATIVES After returning from service during World of the Sonoma County Fair. She successfully Tuesday, December 15, 2009 War I, Arnold’s father founded Minicucci’s in fought for new port facilities for commercial Waterbury in 1919 as a maker of custom and recreational fishermen that became Spud Mr. KLEIN of Florida. Madam Speaker, I men’s suits. Upon his return from service in Point Marina. rise today to submit a record of how I would the Navy during World War II, Arnold joined She also created a special place in a scrub have voted on December 14, 2009. Had I his father’s business in 1946 and became full filled ravine at the foot of Bodega Head. She voted, I would have voted ‘‘yes’’ on rollcall No. owner of the store four years later, filled it with cool ferns, waving trees, rippling 969 and ‘‘yes’’ on rollcall No. 970. transitioning the establishment into a retail suit ponds, narrow foot bridges and a gazebo she seller. Soon thereafter, Arnold moved the salvaged from the set of Alfred Hitchcock’s f store from East Main Street to its present lo- Bodega Bay-based classic film, ‘‘The Birds.’’ PERSONAL EXPLANATION cation at 52 Bank Street. Throughout its his- This sheltered refuge she called ‘‘Compass tory, Minicucci’s has served mayors and gov- Rose Garden,’’ named both for the center of ernors alike, with loyal customers whose rela- a compass and her mother. She raised her HON. ANNA G. ESHOO tionship with the store can be measured in family in a cottage in the garden, and turned OF CALIFORNIA decades. its verdant grounds into a place for weddings, IN THE HOUSE OF REPRESENTATIVES Anyone who’s spent any time living or work- family events, community celebrations, and ing in Waterbury knows Arnold and his be- Tuesday, December 15, 2009 political fundraisers that both advertised and loved wife, Mary, both of whom were born and expanded her political influence. Ms. ESHOO. Madam Speaker, I was not married in the Brass City. They are true pillars She served on the Democratic State Central present during rollcall votes 969 and 970 and of the community: former chairs of the Cancer Committee, and her endorsement was gold to voice votes on December 14, 2009 due to a Ball, long-serving members of the Immaculate numerous political candidates courting west pre-existing medical appointment. I would Conception Church and the Exchange Club, Sonoma County votes. She served a vital role have voted: On rollcall vote No. 969 I would and a driving force behind the construction of in ushering in progressive politics to the coun- have voted ‘‘yea’’; On rollcall vote No. 970 I the Little League Stadium, to name but a few ty when she successfully managed the cam- would have voted ‘‘yea’’; voice vote on S. 303 of their strong ties to Waterbury. paign of former Sonoma County Supervisor I would have voted ‘‘yea’’; voice vote on H.R. Every one of Arnold’s hundreds of friends Ernie Carpenter. 4284 I would have voted ‘‘yea.’’ and loyal customers who attend his retirement

VerDate Nov 24 2008 05:26 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.023 E15DEPT1 jbell on DSKDVH8Z91PROD with REMARKS E3008 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2009 party early next year will receive a silver WALL STREET REFORM AND CON- trades on the unregulated ‘‘dark markets’’ ac- money clip engraved with the words SUMER PROTECTION ACT OF 2009 counted for $600 trillion, or 41 times the size ‘‘Minicucci’s 1919–2009.’’ That night, all those of the entire U.S. economy. Regulators could that have been touched by Arnold’s work will SPEECH OF not view the transactions, the contracts or the celebrate him and his family’s business. But, HON. BART STUPAK financial terms of these trades. amidst the celebration, there will also be a pal- OF MICHIGAN pable pang of sorrow—that they don’t make As Commodity Futures Trading Commis- businesses like Minicucci’s anymore. Or men IN THE HOUSE OF REPRESENTATIVES sion, CFTC, Chairman Gary Gensler noted in like Arnold Minicucci. Wednesday, December 9, 2009 a letter supporting my amendment, ‘‘As a nation, we do not stand for this lack of trans- The House in Committee of the Whole parency in other markets.’’ Staunch opposition f House on the State of the Union had under consideration the bill (H.R. 4173) to provide from Wall Street led to the amendment’s de- HONORING MILLIE KLAPEL OF AN- for financial regulatory reform, to protect feat, despite Gensler’s assertion that: ‘‘your DOVER, MINNESOTA, ON HER consumers and investors, to enhance Federal (Stupak) amendment promotes the critical goal 100TH BIRTHDAY understanding of insurance issues, to regu- of promoting transparency without imposing late the over-the-counter derivatives mar- any additional cost on business.’’ Without pro- kets, and for other purposes: viding our regulators the most basic tools they HON. MICHELE BACHMANN Mr. STUPAK. Madam Chair, years of abuse say they need to effectively monitor the mar- OF MINNESOTA on Wall Street, manipulation of our financial kets, we cannot call H.R. 4173 a true reform IN THE HOUSE OF REPRESENTATIVES markets and expansion of regulatory loopholes bill. have harmed American consumers and busi- My second amendment narrowed a loophole Tuesday, December 15, 2009 nesses, leading to the global financial disaster that banks and large financial houses use to last fall. As the U.S. House of Representatives Mrs. BACHMANN. Madam Speaker, I rise avoid regulation, prohibited credit default swap today to honor Millie Klapel of Andover, Min- sought to craft aggressive financial regulatory contracts that threaten the stability of the fi- nesota, on the occasion of her upcoming reforms, I worked with the relevant Committee nancial markets, and prohibited illegal swap 100th birthday this December 20, 2009. As Chairmen and Democratic leadership to end contracts from being considered valid in a friends and family gather to celebrate her life, the abuses that have allowed Wall Street to court. A comprehensive financial regulatory re- I am pleased to share her accomplishments profit at the expense of American consumers with this Congress today. for far too long. form bill has to close the loopholes that allow speculators to control the markets. In defeat- Millie has lived the American dream. She Unfortunately, H.R. 4173, the Wall Street ing my second amendment, speculators will worked for one of Minnesota’s favorite depart- Reform and Consumer Protection Act of 2009, be allowed to continue their abusive practices. ment stores, Dayton’s, in the monogram de- falls short of ending the practice of Wall Street partment. In her free time Millie volunteered at speculators, big banks and the nation’s largest Defeating my second amendment was not her church and taught Sunday school class for financial houses (Goldman Sachs, J.P. Mor- Wall Street’s only success in ensuring loop- over 60 years. She also visited shut-ins and gan, Morgan Stanley, Bank of America and holes remain in place. Banks, large financial served as a prayer warrior for those in need Citigroup) operating outside the watchful eye firms and speculators were able to push of support during difficult times. In her 90’s, of federal regulators. Because this bill does through an amendment authored by Con- not put an end to many of these abuses, I she was honored as runner up for Sunday gressman SCOTT MURPHY that widened the must oppose H.R. 4173. School Teacher of the Year from the Assem- loophole banks can use to evade regulation. blies of God churches. As chairman of the Energy and Commerce Subcommittee on Oversight and Investiga- Financial Services Committee Chairman Millie is an inspiration to her family, friends tions, I have led a three-year-long investiga- BARNEY FRANK offered an amendment to en- and community and has always put others tion into the role speculators play in driving up sure everyone trading in the markets has first. Even at 100 years old, she still lives on the cost of energy. What we have learned some ‘‘skin in the game’’ by requiring collat- her own and maintains her independence. from our investigation can be applied across eral be posted up front. The amendment was Madam Speaker, again, I’d like to wish the energy, commodity, and financial markets: opposed by Wall Street and it ultimately failed. Millie Klapel a happy 100th birthday and I ask As long as loopholes exist, speculators will Many parts of H.R. 4173 accomplish impor- this Congress to join with me in celebrating manipulate markets and consumers will pay tant financial reform, and I support efforts to Millie’s life. the price. protect consumers from predatory financial I fought for and made part of the American products and end taxpayer funded bailouts. f Clean Energy and Security Act regulatory re- The amendment process on the House floor form for the energy and carbon markets. The OUR UNCONSCIONABLE NATIONAL offered the opportunity to strengthen the bill in DEBT provisions found in the Prevent Unfair Manipu- lation of Prices, PUMP, Act of 2009 should a way that delivers true reform across all of have served as a starting point for further re- our financial markets. Unfortunately, Wall HON. MIKE COFFMAN form of the unregulated over-the-counter de- Street succeeded in using this opportunity to weaken the bill and significantly dilute the im- OF COLORADO rivatives markets known as ‘‘dark markets.’’ Unfortunately, this legislative precedent and pact the legislation would have on their prac- IN THE HOUSE OF REPRESENTATIVES my amendments were ignored in favor of big tices. Tuesday, December 15, 2009 money interests on Wall Street. But those of If regulators cannot shine a light on ‘‘dark us who have spent time working on this issue markets’’ and loopholes can be exploited by Mr. COFFMAN of Colorado. Madam Speak- know true regulatory reform cannot occur with- er, today our national debt is Wall Street, we are just a few years away out bringing transparency to all markets and from another economic crisis. Leaving ‘‘dark $12,071,280,871,918.40. subjecting all financial transactions to federal On January 6th, 2009, the start of the 111th markets’’ unregulated, unchecked and unfazed oversight. allows speculators to dictate prices for goods Congress, the national debt was Therefore, I offered two amendments to $10,638,425,746,293.80. ranging from gasoline to bread to life insur- H.R. 4173 to close loopholes and bring strong ance, and leaves consumers vulnerable to This means the national debt has increased reform to the unregulated ‘‘dark markets.’’ The these financial abuses. by $1,432,855,125,624.6 so far this year. first amendment required all trades to occur According to the non-partisan Congressional on an open marketplace, effectively bringing Today ‘‘dark markets’’ operate like a casino, Budget Office, the forecast deficit for this year an end to ‘‘dark markets’’ so regulators could with a commercial business betting that the is $1.6 trillion. That means that so far this see the transactions. This most fundamental price of a product will move in one direction year, we borrowed and spent $4.4 billion a reform would have brought sunshine to the and a Wall Street bank betting against that day more than we have collected, passing that largest unregulated financial sector of our price change. The only difference is that we debt and its interest payments to our children economy. For example, trades on the regu- actually regulate casinos. On Wall Street nei- and all future Americans. lated markets totaled $80 trillion in 2008 while ther the company nor the

VerDate Nov 24 2008 05:26 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.030 E15DEPT1 jbell on DSKDVH8Z91PROD with REMARKS December 15, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3009 bank are subject to regulation. Only the larg- Truly, the founding of America was in so we must fight! An appeal to arms and to the est Wall Street banks know the price or vol- many ways, the work of God. Yet as we look God of Hosts is all that is left us! They tell ume of these trades, leaving federal regulators at the America of today, we see a vastly dif- me that we are weak, but shall we gather ferent picture. and consumers in the dark. H.R. 4173 does strength by irresolution? We are not weak. On April 6, 2009, President Obama, speak- nothing to change this. Three million people, armed in the holy ing in the country of Turkey said: ‘‘America cause of liberty and in such a country, are Leaving these markets to police themselves is not a Christian nation, or a Jewish nation, invincible by any force which our enemy can has resulted in the Federal Deposit Insurance or a Muslim nation. We are a nation of citi- send against us. We shall not fight alone. Corporation, FDIC, taking over 133 banks so zens who are bound by ideals and sets of val- God presides over the destinies of nations, far this year, a record. When these markets ues.’’ and will raise up friends for us. The battle is Over the past 40 years, the idea of a ‘‘Chris- implode, credit across the financial system not to the strong alone; it is to the vigilant, tian America’’ has been disparaged by many. freezes. Small businesses and farmers can’t the active, the brave, * * * Is life so dear, or Christians have been criticized and vilified secure loans. Community banks, credit unions peace so sweet, as to be purchased at the for their involvement in the political arena. and businesses are threatened with insol- The Revisionist’s interpretation of the First price of chains and slavery? Forbid it, Al- vency, and ultimately employees and tax- Amendment has been at the forefront in this mighty God! I know not what course others payers are left out in the cold. H.R. 4173 at- debate. Michael Medved in his book, The 10 may take, but as for me, give me liberty or tempts to bring regulation to these markets, Big Lies About America, points this out. give me death.’’ but leaves loopholes and creates new ones Following the 2004 reelection of George W. On July 4, 1776, The Declaration of Inde- that far outweigh any positive reforms in the Bush, a frenzied flurry of books and articles pendence was unanimously adopted * * * bill. warned unsuspecting Americans of the immi- Samuel Adams rose * * * ‘‘We have this day nent takeover of their cherished Republic by I want to thank Congressman CHRIS VAN restored the Sovereign, to whom alone men an all-powerful, implacable theocratic con- HOLLEN, Congresswoman ROSA DELAURO and ought to be obedient. He reigns in Heaven spiracy. and * * * from the rising to the setting sun, Congressman JOHN LARSON for their strong In American Fascists: The Christian Right may His Kingdom come * * *’’ support in working with me to try to strengthen and the War on America, former New York this bill and bring true reform to Wall Street. Times correspondent Chris Hedges breath- ‘‘We hold these truths to be self-evident, As H.R. 4173 moves through the legislative lessly reported: that all men are created equal, and are en- process, I will work with Senators MARIA CANT- ‘‘All it will take is one more national crisis dowed by their creator with certain WELL, BERNIE SANDERS, BYRON DORGAN and on the order of September 11 for the Chris- unalienable rights, that among them are life, others who have a shared interest in closing tian Right to make a concerted drive to de- liberty and the pursuit of happiness * * * loopholes that remain a threat to our econ- stroy American democracy.... This move- The Declaration contained a solemn appeal ment will not stop until we are ruled by Bib- ‘‘to the supreme judge of the world’’ and con- omy. It is imperative that the bill be strength- lical Law, an authoritarian church intrudes ened in the U.S. Senate to rein in speculators cludes with * * * ‘‘A firm reliance on the in every aspect of our life, women stay at protection of Divine Providence, we mutu- and end the abusive practices of Wall Street’s home and rear children, gays agree to be ally pledge to each other our lives, our for- largest financial houses. I hope the Senate cured, abortion is considered murder, the tunes and our sacred honor.’’ can accomplish these goals in the form of a press and the schools promote ‘positive’ final bill I can support. Christian values, the federal government is Of the 56 signers, 54 were identified as I did not vote for the Wall Street bailout last gutted, war becomes our primary form of Christians * * *. year. Once again, I stood up to Wall Street’s communication with the rest of the world Benjamin Franklin once said: ‘‘I have and recalcitrant non-believers see their flesh lived, Sir a long time, and the longer I live, reckless financial transactions. Now, we need eviscerated at the sound of the Messiah’s the more convincing proofs I see of this more members of Congress to stand with me voice.’’ truth: that God governs in the affairs of for effective regulatory reform. For I believe, in According to Hedges (a recent—and sur- this one instance where doing too little is a far prisingly genial—guest on my radio show), it man. And if a sparrow cannot fall to the greater threat than doing too much. makes no sense to try to reason with the ground without His notice, is it probable ‘‘Christian Fascists’’ he fears. ‘‘All debates that an empire can rise without His aid? f with the Christian Right are useless,’’ he ‘‘We have been assured, Sir, in the Sacred TREATISE ENTITLED ‘‘SHINING writes, because they ‘‘hate the liberal, en- Writings that except the Lord build the CITY ON A HILL’’ lightened world formed by the Constitu- house, they labor in vain that build it. I tion.’’ firmly believe this. I also believe that, with- Scores of other releases from major pub- out His concerning aid, we shall succeed in HON. JOHN J. DUNCAN, JR. lishers sought to arouse the nation’s slum- this political building no better than the bering conscience to confront the perils of OF TENNESSEE builders of Babel; we shall be divided by our ‘‘the American Taliban.’’ These titles in- IN THE HOUSE OF REPRESENTATIVES little, partial local interests; our projects clude the blockbuster best seller American will be confounded; and we ourselves shall Tuesday, December 15, 2009 Theocracy plus additional cheery volumes such as Jesus Is Not a Republican: The Reli- become a reproach and a byword down to fu- Mr. DUNCAN. Madam Speaker, one of my ture ages. And what is worse, mankind may constituents, E.M. Massey, is a dedicated gious Right’s War on America; The Baptizing of America: The Religious Right’s Plans for hereafter, from this unfortunate instance, Christian who is very concerned about the the Rest of Us; Why the Christian Right is despair of establishing government by moral decline of this Nation. Wrong; Liars for Jesus; The Theocons: Sec- human wisdom and leave it to chance, war or As the late Sen. Daniel Patrick Moynihan ular America Under Siege; The Hijacking of conquest.’’ said, we have been ‘‘defining deviancy down, Jesus; and many, many more. Joseph Story, a Supreme Court Justice accepting as a part of life what we once found Some worried observers expected Christian from 1811 to 1845 (appointed by James Madi- repugnant.’’ conservatives to remake America along the son, the father of the Constitution) and, as a I want to call the attention of my Colleagues lines of Iran or Nazi Germany, while others long-time Harvard professor, was the leading suggested that they would follow the geno- and other readers of the RECORD portions of early commentator to the Constitution. He cidal path of Communist China. In reviewing a Treatise entitled ‘‘Shining City on a Hill,’’ observed: ‘‘The general if not universal senti- the Oscar-nominated documentary Jesus ment in America was that Christianity submitted by Mr. Massey. Camp, Stephen Holden of the New York A SHINING CITY ON A HILL Times solemnly declared: ‘‘It wasn’t so long ought to receive encouragement from the Introduction: In 1630, John Winthrop, gov- ago that another puritanical youth army, State so far was not incompatible with the ernor of the Massachusetts Bay Colony, Mao Zedong’s Red Guards, turned the world’s private rights of conscience and freedom of wrote a sermon while on the Arbella, on his most populous country inside out. Now- religious worship. An attempt to level all re- way to the new world. ‘‘For we must consider adays, the possibility of a right-wing Chris- ligion and to make it a matter of state pol- that we shall be as a city upon a hill. The tian American version of what happened in icy to hold all in utter indifference would eyes of all people are upon us. So that if we China no longer seems entirely far fetched.’’ have created universal disapprobation, if not shall deal falsely with our God in this work So, we are faced with a question: Was universal indignation. The real object of the we have undertaken, and so cause him to America founded on Christian principles and First Amendment * * * was to exclude all ri- withdraw his present help from us, we shall were we ever a Christian nation? valry among Christian sects, and to prevent be made a story and a byword throughout March 23, 1775, Patrick Henry spoke in the any national ecclesiastical establishment the world.’’ (This was one of President Rea- Virginia House of Burgesses ‘‘There is no which should give a hierarchy the exclusive gan’s favorite quotes.) longer room for hope. If we wish to be free, patronage of the national government.’’

VerDate Nov 24 2008 05:26 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A15DE8.034 E15DEPT1 jbell on DSKDVH8Z91PROD with REMARKS E3010 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2009 CELEBRATING 25 YEARS OF EX- EARMARK DECLARATION JASON FABINI’S SERVICE IN THE CELLENCE IN THE STORIED HIS- NFL TORY OF THE TRI-CITY RECORD HON. SCOTT GARRETT OF NEW JERSEY HON. MARK E. SOUDER HON. FRED UPTON IN THE HOUSE OF REPRESENTATIVES OF INDIANA OF MICHIGAN Tuesday, December 15, 2009 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. GARRETT of New Jersey. Madam Tuesday, December 15, 2009 Tuesday, December 15, 2009 Speaker, pursuant to the Republican Leader- ship standards on earmarks, I am submitting Mr. SOUDER. Madam Speaker, today on Mr. UPTON. Madam Speaker, I rise today the following information for publication in the the floor of the House of Representatives I to pay tribute to a cornerstone of our commu- would like to recognize the amazing accom- CONGRESSIONAL RECORD regarding earmarks I nity, the Tri-City Record, which is currently received as part of H.R. 2996—Interior and plishments of Jason Fabini of Indiana. As an celebrating its 25th year with Anne and Karl Environment Appropriations Act, 2010: eleven year veteran of the National Football Bayer at the helm. Since its founding as the 1. Project Name—Wallkill River National League Jason was a member of three teams, Weekly Record in 1882, the Tri-City Record Wildlife Refuge Land Acquisition Project playing under five coaches. Mr. Fabini began has been a lifeline for southwest Michigan, re- Requesting Member—SCOTT GARRETT his football career in Fort Wayne, Indiana at liably keeping folks informed on significant Bill Number—H.R. 2996, Interior and Envi- Bishop Dwenger High School. A standout news and community events. ronment Appropriations Act, 2010 high-school athlete, Mr. Fabini was recruited What began as the Weekly Record became Account—U.S. Fish and Wildlife Service, to play football at the University of Cincinnati. the Watervliet Record in 1884. Through the Land Acquisition As a Cincinnati Bearcat Fabini truly devel- years, with only a handful of owners, the Requesting Entity—U.S. Fish and Wildlife oped his skills, and prepared for a lengthy ca- newspaper grew to report not only on news in Service/Wallkill River National Wildlife Refuse, reer in the National Football League. While at the city of Watervliet, but also the surrounding 1547 County Route 565, Sussex, NJ 07461 Cincinnati, Fabini was a three-time All-Con- communities of Coloma and Hartford. A cen- Description of the Project—This funding ference USA selection. As a sophomore, tury after the first name change, the news- from the Land and Water Conservation Fund Fabini started every game and was named to paper was purchased by Anne and Karl Bayer will further consolidate refuge ownership and the third-team All National Independent list. in 1984, and soon became the Tri-City important habitat, increase recreational oppor- His growth continued when, in his junior year, Record. tunities within the refuge, and maintain the he received Cincinnati’s top award for an of- Under the Bayer family’s stewardship, water quality in the Highlands region of New fensive lineman—the John Pease Award. In countless residents have come to rely upon Jersey. The national wildlife refuge system the 1997 season Fabini helped lead the the Tri-City Record to stay connected with the was created to ensure protection of eco- Bearcats to their first bowl-game victory in 47 community and keep up on current events. I logically sensitive wildlife species and the years. commend the Tri-City Record’s rich tradition of Wallkill River NWR was added to the system In the 1998 NFL Draft, the New York Jets excellence and proud history of reporting to because of the importance of the biodiversity selected Jason Fabini as their fourth round Coloma, Hartford, Watervliet and across the along the river. Adding these 237 acres to the pick. As a rookie for the Jets, Fabini started all State of Michigan. refuge would also meet the criteria of the Land sixteen games. In his second season with As the newspaper industry across the Na- and Water Conservation Fund by providing New York, Jason suffered a setback when he tion has been strained during the digital age, additional opportunities for public recreation, tore his ACL in a game against the New Eng- the Tri-City Record continues to be a jewel in outdoor education and research, and by pro- land Patriots. While Fabini was forced to miss our corner of southwest Michigan. I salute tecting open space and habitat for wildlife, in- the last seven games of his second season in Anne and Karl Bayer and the entire staff on cluding endangered and threatened species, the NFL due to his knee injury, he persevered reaching this milestone and wish them contin- in our rapidly developing state. and returned to the field ready to play the fol- ued success for many years to come. Description of the Spending Plan— lowing season. In 2000, when Jason Fabini re- Twenty-five years later and still going ($1,400,000) turned to the Jets’ starting offensive line, he strong, the Bayers represent a most important The $1.4 million from the Land and Water led the offensive to a tie with the Indianapolis chapter in the storied history of the Tri-City Conservation Fund in FY 2010 will further con- Colts for fewest sacks allowed, 20. In recogni- Record. solidate refuge ownership and important habi- tion of Fabini’s return to play after his injury, tat, increase recreational opportunities within the New York Jets awarded him the Ed Block f the refuge, and maintain the water quality in Courage Award in 2000. While with the New the Highlands region of New Jersey. The na- York Jets Fabini paved the way for Curtis Mar- THANKING JOHN BRANDT FOR 40 tional wildlife refuge system was created to tin, RB, to rush over 1,000 yards in seven YEARS OF SERVICE ensure protection of ecologically sensitive consecutive seasons, 1998–2004, and in 2004 wildlife species and the Wallkill River NWR helped Martin set a club record for most yards HON. ADRIAN SMITH was added to the system because of the im- rushed in a single season, 1,697 yards. In OF NEBRASKA portance of the biodiversity along the river. 2004, Fabini started his 100th career game Adding these acres to the refuge would also IN THE HOUSE OF REPRESENTATIVES against the Arizona Cardinals. meet the criteria of the Land and Water Con- In 2006 Fabini went to play for the Dallas Tuesday, December 15, 2009 servation Fund by providing additional oppor- Cowboys. During his year with the Cowboys, Mr. SMITH of Nebraska. Madam Speaker, I tunities for public recreation, outdoor edu- Fabini played fifteen games for Dallas. rise to honor a broadcasting icon in western cation and research, and by protecting open In 2007 Jason Fabini signed with the Wash- Nebraska, John Brandt. Yesterday, Ogallala space and habitat for wildlife, including endan- ington Redskins, a Dallas rival. As a Redskin, joined together to thank John for his 40 years gered and threatened species, in our rapidly Fabini played in all sixteen games, starting in of broadcasting service to the area. developing state. 13 of them. His versatility as a lineman was A 1963 graduate of Superior High School in Total—$1,400,0000 truly an asset for Washington and helped Clin- Superior, Nebraska, John has been a fixture f ton Portis, RB, rush for over 1,200 yards. In on the airwaves for listeners in my district PERSONAL EXPLANATION 2007, in a game against his old team, the since December of 1969. New York Jets, Fabini lead the offensive line Never one to shy away from the hard-hitting HON. RANDY NEUGEBAUER to block for 296 yards, the third-highest single- questions, John earned his reputation as game rushing total in Washington Redskins’ OF TEXAS being a tough but fair interviewer, whose only history. IN THE HOUSE OF REPRESENTATIVES motivation was to provide his listeners with the In February of 2009 Fabini was inducted most up-to-date information available. Tuesday, December 15, 2009 into the University of Cincinnati Athletics Hall He has given back to the Ogallala commu- Mr. NEUGEBAUER. Madam Speaker, I was of Fame. nity in so many ways and I fully expect this absent from votes on December 14, 2009 due Jason Fabini has had a long, successful service to continue. I wish him well as he con- to a medical appointment. Had I been present, football career. He played in over 152 games, tinues to serve the community and our State I would have voted ‘‘yea’’ on rollcall 969 and starting over 129 of those games. Throughout as a whole. ‘‘yea’’ on rollcall 970. his career, Fabini started in eight postseason

VerDate Nov 24 2008 05:26 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.037 E15DEPT1 jbell on DSKDVH8Z91PROD with REMARKS December 15, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3011 contests. Although still young, Fabini has de- Cross, Bay Area Chapter and touched the Small Towns (COST) for celebrating its 35th cided to retire from playing professional foot- lives of those in need for nearly 30 years. Her anniversary. Several Connecticut town leaders ball so that he can focus on his family and a work has affected countless people beset by founded COST in 1975 to provide a strong promising future. Jason Fabini has four sons: fires, floods and other disasters, and has en- voice for the state’s smaller municipalities in Hunter, Jacob, John Michael, and Jordan and sured that volunteers and communities both our State’s and the Nation’s capital. is the son of Tom Fabini and Madeline throughout the 9th Congressional District are COST is a grassroots advocacy organiza- Lombardo of Fort Wayne, Indiana. ready and resilient in the face of adversity. tion comprised of nearly 120 member munici- f Ms. Wilson-Sylvestre has been involved in palities. The organization offers valuable infor- community-building, volunteerism, education mation and training resources to help munic- PROCLAMATION ISSUED TO MS. and healing for the length of her career. After ipal leaders meet the challenges they face as MARY ANNE SHARP attending Columbia University in New York chief executives of Connecticut’s smaller non- City, Ms. Wilson-Sylvestre received a Master metro and suburban areas. It is the only orga- HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. of Social Work at New York’s Adelphi Univer- nization dedicated solely to the interests of OF GEORGIA sity. Connecticut’s small suburban and rural mu- Her career in alleviating affliction and pain IN THE HOUSE OF REPRESENTATIVES nicipalities. for others began at the Payne Whitney Psy- Through meetings, conferences, and events, Tuesday, December 15, 2009 chiatric Clinic at New York Hospital, where COST brings together the leaders of small Mr. JOHNSON of Georgia. Madam Speaker, she observed and aided patients as a Psy- towns with legislators to foster discussion I would like to submit this proclamation which chiatric Assistant. Next, her skills in social about issues that are most important to Con- I issued to Ms. Mary Anne Sharp. work and teaching brought her to the Cardinal necticut’s small communities. The organization Whereas, Forty-five years ago a virtuous McCloskey Home and School for Children provides information to towns regarding public woman of God accepted her calling to serve where she worked with foster children. policy and pending legislation, and how they as Director of the Decatur Civic Chorus in In 1978, after arriving in the Bay Area, Ms. will affect small towns and their citizens. Decatur, Georgia; and Wilson-Sylvestre served Bayview Hunter’s COST members benefit from connecting Whereas, Ms. Mary Anne Sharp began her Point Mental Health Clinic as a child and fam- with other municipal leaders across the State, educational career in Decatur, Georgia, at- ily therapist, and also began teaching at San tending Decatur public schools, Oglethorpe sharing ideas, and discussing the similar chal- Francisco Community College. Her career with lenges that they face. Participating municipali- University and Emory University; and the Bay Area Chapter of the American Red Whereas, this phenomenal woman has ties save money by working collectively to ad- shared her time and talents with the citizens Cross began when she became Director of vocate for State and Federal aid to towns in of DeKalb County, Georgia and the world Project New Pride in 1980. For the next 29 Connecticut. through directing and producing concerts years, she worked her way up through the I ask all of my colleagues to join with me in that continue to touch the lives of many; ranks of the American Red Cross, both ful- honoring the Connecticut Council of Small and filling and exceeding her duties as Case Work Towns in celebrating its anniversary. Many of Whereas, Ms. Sharp is a cornerstone in our Supervisor, Regional Manager, County Execu- COST’s member towns reside within my dis- community that has enhanced the lives of tive, and, for the last 14 years, Senior Execu- thousands for the betterment of our District trict in eastern Connecticut and highly regard tive Officer. the organization for providing a voice for them and Nation; and Marian has truly utilized leadership, skill, Whereas, the U.S. Representative of the in all levels of government. We thank COST Fourth District of Georgia has set aside this dedication and a penchant for compassion in for its service and look forward to working with day to honor and recognize Ms. Mary Anne her life’s work, and I am certain she will con- the organization in the future to help Connecti- Sharp on her 45th Anniversary as Director of tinue to do so in her future endeavors. As cut’s communities succeed. the Decatur Civic Chorus and to congratu- member of many quality organizations, includ- late her on this milestone; ing the National Association of Social Work- f Now therefore, I, Henry C. ‘‘Hank’’ John- ers, Rotary Club of Oakland, the California PERSONAL EXPLANATION son, Jr. do hereby proclaim December 13, 2009 Personnel and Guidance Association, the East as Ms. Mary Anne Sharp Day in the 4th Con- Bay Women’s Political Action Committee, and gressional District. HON. TIMOTHY V. JOHNSON the boards of City of Oakland Emergency Proclaimed, this 13th day of December, OF ILLINOIS Management, Travelers Aid Society and Allen 2009. IN THE HOUSE OF REPRESENTATIVES Temple Baptist Church Health Ministry, Ms. f Wilson-Sylvestre has served the community in Tuesday, December 15, 2009 PERSONAL EXPLANATION innumerable ways. Mr. JOHNSON of Illinois. Madam Speaker, Her work has been celebrated throughout unfortunately last night and earlier today I was HON. ADAM SMITH the 9th Congressional District, and beyond, in- unable to cast my votes on H. Res. 779, H. cluding an award from the National Institute of OF WASHINGTON Res. 942, H. Res. 894, H.R. 1517, and H.R. Mental Health, the Tiffany Award for Manage- IN THE HOUSE OF REPRESENTATIVES 3978 and wish the record to reflect my inten- ment Excellence, a 2002 Congressional Rec- tions had I been able to vote. Tuesday, December 15, 2009 ognition Award, the 1990 National HIV/AIDS Last night, I met with constituents of mine in Mr. SMITH of Washington. Madam Speaker, Cultural Diversity Award, being named the a town hall forum at the Prairie Winds Retire- on Monday, December 14, 2009, I was unable 2002 Honoree for Black Women Organized for ment Center in Urbana, Illinois and I was un- to be present for recorded votes. Had I been Political Action, and the Oakland Unified able to arrive in Washington, DC to cast my present, I would have voted ‘‘yes’’ on rollcall School District’s recurring honor of Principal votes. vote No. 969 (on the motion to suspend the for a Day. Had I been present on rollcall No. 969 on rules and agree to H. Res. 779, as amended) On behalf of California’s 9th Congressional suspending the rules and passing H. Res. and ‘‘yes’’ on rollcall vote No. 970 (on the mo- District, I salute you, Marian Wilson-Sylvestre, 779, Recognizing and supporting the goals tion to suspend the rules and agree to H. Res. for a successful career of service and your un- and ideals of National Runaway Prevention 942, as amended). wavering commitment to others. I extend my Month, I would have voted ‘‘aye.’’ heartfelt congratulations on your retirement, f Had I been present on rollcall No. 970 on and I wish you the very best. suspending the rules and passing H. Res. MS. MARIAN WILSON-SYLVESTRE f 942, Commending the Real Salt Lake soccer HONORING THE CONNECTICUT club for winning the 2009 Major League Soc- HON. BARBARA LEE COUNCIL OF SMALL TOWNS cer Cup, I would have voted ‘‘aye.’’ OF CALIFORNIA Had I been present on rollcall No. 971 on IN THE HOUSE OF REPRESENTATIVES suspending the rules and passing H. Res. HON. JOE COURTNEY 894, Honoring the 50th anniversary of the re- OF CONNECTICUT Tuesday, December 15, 2009 cording of the album ‘‘Kind of Blue’’ and re- IN THE HOUSE OF REPRESENTATIVES Ms. LEE of California. Madam Speaker, I affirming jazz as a national treasure, I would rise today to honor the extraordinary accom- Tuesday, December 15, 2009 have voted ‘‘aye.’’ One of my constituents, La- plishments of Ms. Marian Wilson-Sylvestre, Mr. COURTNEY. Madam Speaker, I rise mont Parsons of Urbana, Illinois, is a region- who has dutifully served the American Red today to honor the Connecticut Council of ally famous jazz guitarist who has inspired in

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me and many of my constituents a lifelong ap- who have given so much in support of their DONALD PAYNE, CHRIS SMITH and myself along preciation for jazz and its influences and it fellow veterans, families and our community. with representatives from the U.S. Commis- truly is a national treasure. f sion on International Religious Freedom Had I been present on rollcall No. 972 on (USCIRF), to draw attention to the desperate suspending the rules and passing H.R. 1517, RECOGNIZING THE HEROIC GEN- situation in Sudan. We heard compelling first- To allow certain U.S. Customs and Border EROSITY OF CLARA WARD OF hand accounts of what transpired in Khartoum Protection employees who serve under an ERIE, PENNSYLVANIA last week. Arrests, detention, tear gas and overseas limited appointment for at least 2 beatings of peaceful Sudanese protestors in- years, and whose service is rated fully suc- HON. KATHLEEN A. DAHLKEMPER cluding several high-ranking Sudan People’s cessful or higher throughout that time, to be OF PENNSYLVANIA Liberation Movement (SPLM) officials. These converted to a permanent appointment in the IN THE HOUSE OF REPRESENTATIVES protestors had gathered in the streets to press competitive service, I would have voted ‘‘aye.’’ Tuesday, December 15, 2009 Sudan’s President Bashir and his National Had I been present on rollcall No. 973 on Mrs. DAHLKEMPER. Madam Speaker, I rise Congress Party (NCP) to demand passage of suspending the rules and passing H.R. 3978, today to honor an extraordinary woman in important laws by the National Assembly. Khartoum’s actions are inexcusable, but First Responders Anti-Terrorism, Training Re- Erie, Pennsylvania, who has dedicated her life why should we be surprised, given the head of sources Act, I would have voted ‘‘aye.’’ to helping the children of her community. state is an accused war criminal. We also f Clara Ward, the founder of the Youth Develop- know from widely reported information that the ment and Family Center in Erie, was the star GALLAGHER-HANSEN VFW POST’S National Congress Party (NCP) is obstructing of ‘‘Extreme Makeover: Home Edition,’’ this 90TH ANNIVERSARY the establishment of conditions for free and week, where her indomitable spirit and dedica- fair elections. The world also still awaits re- tion to the well-being of children in need was form of the national security law. HON. BETTY McCOLLUM rewarded with an amazing renovation to her OF MINNESOTA Against this backdrop of violence and intimi- more than eighty year old home. IN THE HOUSE OF REPRESENTATIVES Clara Ward, with her son Bennie and dation by Khartoum, the NCP and the SPLM Tuesday, December 15, 2009 daughter Cynthia, has continually put aside entered into intense negotiations over the her own needs to take care of the children in weekend. While reports indicate that a ten- Ms. MCCOLLUM. Madam Speaker, today I tative compromise has been reached, the out- rise to congratulate the Gallagher-Hansen Vet- her community. Too often, the children in Clara’s neighborhood lack the care and re- come is still far from assured. And if the com- erans of Foreign Wars Post No. 295, Depart- ing weeks don’t yield the necessary results, ment of Minnesota, on the occasion of the sources they need to succeed, to be healthy and safe. These children rely on the gen- the long-suffering people of Sudan will watch Post’s 90th Anniversary. Since its original any real prospect of lasting peace and justice charter in 1919, the Gallagher-Hansen VFW erosity of their ‘‘Aunt Clara’’ to have a safe haven after school, where they can play off slip away. Will the U.S. stand by and allow Post has been dedicated to serving veterans this to happen? and the entire community of South Saint Paul, the streets and out of harm’s way. Many of the children who come to the Youth For years the U.S. has been a leader on the Minnesota. world stage in advocating for the marginalized Founded as the Patrick Gallagher Post in Development and Family Center would go to bed hungry without the generosity of Clara, people of Sudan. This is an issue, unlike honor of a local World War I veteran, the post many in Washington, which has enjoyed was renamed to honor Lt. Harry C. Hansen, a Bennie and Cynthia, who feed and welcome children into their home almost every day. Not broad, bipartisan support. In January 2005, post member, who lost his life during the Bat- after two and half years of negotiations, the tle of Okinawa in World War II. only does Clara provide a safe space, but she offers these children clothes, blankets and North and the South signed the Comprehen- All veterans have served and sacrificed on sive Peace Agreement (CPA) bringing about behalf of our great Nation, but many veterans toys that they might not otherwise have. This time every year, Clara gives toys to 300 chil- an end to the 21-year-old civil war during continue their noble service after their tours of which nearly two million people died, most of duty have been completed. The members of dren for the holidays. Clara’s boundless generosity is all the more whom were civilians. I was at the signing of the Gallagher-Hansen VFW Post are among the CPA in Kenya along with Congressman these selfless servants. remarkable given her own condition. Clara suffers from myasthenia gravis, a degenerative PAYNE. Hopes were high for a new Sudan. Throughout its proud history, the Gallagher- Sadly those hopes are quickly dimming as Hansen Post and Auxiliary have earned dis- muscular disease that requires her to use a wheelchair. In her old home, Clara’s mobility President Bashir becomes further entrenched tinction as exceptional Veterans Service Orga- and principled U.S. leadership on Sudan nizations. Beyond its strong support for vet- was severely limited and she struggled to move through rooms and hallways that had no wanes. On the eve of the five-year anniver- erans, the post is also a community corner- sary of the signing, the CPA hangs in the bal- stone. From providing donations to the Dakota space for her wheelchair. Now, thanks to the renovation, Clara can move with ease through ance as does Sudan’s future. County Veterans Emergency Assistance Fund President Obama’s special envoy to Sudan, and the South St. Paul Police K–9 unit, to a home designed with her needs in mind. Clara Ward’s selflessness has inspired the General Scott Gration, was appointed in sponsoring an annual Children’s Safety Camp entire community of Erie. It was her good work March of this year. Many in Congress, myself and funding a new scoreboard at Wakota that motivated local builder John Maleno and included, had pressed for a special envoy in Arena, Gallagher-Hansen provides steadfast his family to nominate Clara for ‘‘Extreme the hope of elevating the issue of Sudan par- support to residents in the area. Makeover,’’ which drew 3,000 volunteers and ticularly at this critical juncture in the imple- Gallagher-Hansen’s reputation for out- donations from 200 companies. Clara’s story mentation of the CPA and with genocide in standing public service extends deep into its has inspired our city and helped us show the Darfur still ongoing. ranks. Post 295 has been the home VFW post While there have been times in the months world that Erie, Pennsylvania, is a place to many state and national leaders, including following that I have been concerned by the where neighbors look out for each other and former Minnesota Governors Karl Rolvaag, direction that this administration appeared to the spirit of generosity runs deep. Harold Stassen and Orville Freeman. Other Madam Speaker, it is my proud duty to be taking in Sudan, I refrained from any public members include: past National Ladies VFW enter the name of Clara Ward in the record of criticism, not wanting to do anything that could Auxiliary President Lola Reid, whose late hus- the United States House of Representatives jeopardize peace or progress on these critical band Dr. James Reid served as past Surgeon as a hero of Erie, Pennsylvania. issues. But I can be silent no longer. General of the VFW; past National VFW The time has come for Secretary Clinton Chaplain Father Harold E. Whittel; Robert f and President Obama to personally and ac- Hansen, past Commander-in-Chief of the Vet- TIME IS RUNNING OUT IN SUDAN tively engage on Sudan. erans of Foreign Wars of the United States During the campaign, then candidate and the brother of Lt. Harry C. Hansen; and HON. FRANK R. WOLF Obama said, ‘‘Washington must respond to the late U.S. Navy Admiral John S. McCain, OF VIRGINIA the ongoing genocide and the ongoing failure to implement the CPA with consistency and father of U.S. Senator John McCain of Ari- IN THE HOUSE OF REPRESENTATIVES zona. strong consequences.’’ He went on to say, Madam Speaker, please join me in rising to Tuesday, December 15, 2009 ‘‘The Bush administration should be holding honor the 90th Anniversary of the Gallagher- Mr. WOLF. Madam Speaker earlier today a Sudan accountable for failing to implement Hansen VFW Post No. 295, and the veterans news conference was held with Congressmen significant aspects of the 2005 Comprehensive

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The CPA is not up for re-negotiation. which sits just blocks from here, bears witness kets, and for other purposes: But the burden for action, the weight of leader- to genocide and related crimes against hu- ship, now rests with this president and this manity around the world. The museum’s warn- Mr. CONYERS. Madam Chair, as the Chair- president alone. ing for Sudan stems from ‘‘(t)he Sudanese man of the Judiciary Committee, I would like I have consistently received reports from government’s established capacity and willing- to highlight some of the contributions made by people on the ground that this administration’s ness to commit genocide and related crimes our Committee to this important legislation. posture toward Sudan has only emboldened against humanity. This is evidenced by actions The Committee considered over the course of Bashir and the NCP. the government has taken in the western re- several months a range of legal issues posed The December 12 Wall Street Journal edi- gion of Darfur, the Nuba Mountains, and the by this legislation, and held two days of hear- torial page put it this way, ‘‘As a candidate, South that include: ings this fall on its bankruptcy and antitrust Mr. Obama stood with the human rights cham- Use of mass starvation and mass forcible law ramifications—on October 22 in the Sub- pions of Darfur and pledged tougher sanctions displacement as a weapon of destruction; committee on Commercial and Administrative and a possible no-fly zone if a Sudanese re- Pattern of obstructing humanitarian aid; Law, and on November 17 in the Sub- gime infamous for genocide didn’t shape up. Harassment of internally displaced persons; committee on Courts and Competition Policy. His tone has changed in office .... the pref- Bombing of hospitals, clinics, schools, and Below is a summary of some of the more sig- erence for diplomacy over pressure has en- other civilian sites; nificant provisions added to the legislation, or couraged the hard men in Khartoum to stoke Use of rape as a weapon against targeted revised in it, at the request of the Committee. the flames in Darfur, ignoring an arms embar- groups; BANKRUPTCY LAW go and challenging the U.N.-African Union Employing a divide-to-destroy strategy of The bill’s new emergency procedures for peacekeeping force there.’’ pitting ethnic groups against each other, with dealing with financial institutions posing immi- Khartoum is savvy in the ways of Wash- enormous loss of civilian life; nent toxic danger to our Nation’s financial sys- ington. This softening in the U.S. posture has Training and supporting ethnic militias who tem is an exemption from the bankruptcy laws not gone unnoticed. commit atrocities; in favor of a receivership managed by the In recent written testimony before the House Destroying indigenous cultures; Federal Deposit Insurance Corporation (FDIC). Foreign Affairs Subcommittee on Africa, the Enslavement of women and children by gov- While appreciative of the need for the govern- top UN investigator said, ‘‘In contrast to that ernment-support militias; ment to be able to act with dispatch when the leadership of 2004 and 2005, the United Impeding and failing to fully implement stability of the entire financial system is in States appears to have now joined the group peace agreements. jeopardy, and while respectful of the consid- of influential states who sit by quietly and do These are hardly our partners in peace. And ered judgment of the Treasury Department, nothing to ensure that sanctions protect yet, we cannot claim that Khartoum has been the FDIC, and the Financial Services Com- Darfurians.’’ unpredictable, that we did not know what they mittee to devise an approach outside the This administration’s engagement with were capable of. Tragically, they have been Bankruptcy Code for this purpose, the Judici- Sudan to date has failed to recognize the true utterly consistent for nearly 20 years. They ary Committee believes it is important to re- nature of Bashir and the NCP. have consistently brutalized their own people. main mindful of fundamental due process and Having been to Sudan five times, I’ve seen They have consistently failed to live up to equitable considerations that are embodied in the work of their hands with my own eyes. In agreements. And they have consistently re- bankruptcy procedure. The Committee has ac- June 2004 I was part of the first congressional sponded only to strength and pressure. cordingly limited the availability and extent of delegation with Senator SAM BROWNBACK to And so I say once again, time is running this bankruptcy exemption. Darfur, soon after the world began hearing out. The urgency of the situation calls for inter- First, because this departure from well-es- about the atrocities being committed against vention at the highest levels of the U.S. Gov- tablished bankruptcy procedures and protec- the people of that region. I witnessed the ernment—specifically the Secretary of State tions is justified only in the exigencies of an nightmare. I saw the scorched villages and and the President of the United States. The extraordinary emergency threatening stability overflowing camps. I heard the stories of mur- people of Sudan cry out for nothing less. of the financial system, the Judiciary Com- der, rape and displacement. In the summer of f mittee added a new ‘‘purpose’’ section to the 2004, the Congress spoke with one voice in PERSONAL EXPLANATION emergency dissolution title to mandate that calling what was happening in Darfur geno- there be a ‘‘strong presumption that resolution cide. under the bankruptcy laws will remain the pri- In addition to the massive human rights HON. CAROLYN B. MALONEY mary method of resolving financial companies, abuses perpetrated by the Sudanese govern- OF NEW YORK and the authorities contained in this subtitle ment against its own people, it is also impor- IN THE HOUSE OF REPRESENTATIVES will only be used in the most exigent cir- tant to note that Sudan remains on the State Tuesday, December 15, 2009 cumstances.’’ The Treasury Secretary is re- Department’s list of state sponsors of ter- Mrs. MALONEY. Madam Speaker, on De- quired to explain any determination that such rorism. It is well known that the same people cember 14, 2009 I missed rollcall votes Nos. an extraordinary emergency exists, to the currently in control in Khartoum gave safe 969 and 970. House and Senate Judiciary Committees, haven to Osama bin Laden in the early Had I been present, I would have voted along with other committees. 1990’s. I was troubled by Special Envoy ‘‘yea’’ on rollcall vote No. 969, recognizing and Our Committee also added provisions en- Gration’s comments this summer at the Sen- supporting the goals and ideals of National suring that bankruptcy remains available as ate Foreign Relations Committee hearing that Runaway Prevention Month and, No. 970, the preferred option. There are new provisions ‘‘there is no evidence in our intelligence com- commending the Real Salt Lake Soccer Club authorizing the FDIC, at any time, with the ap- munity that supports [Sudan] being on the for winning the 2009 Major League Soccer proval of the Treasury Secretary and after state sponsors of terrorism list . . .’’ despite Cup. consultation with the Financial Services Over- the findings of the 2008 State Department sight Council, to convert an emergency receiv- f Country Reports on Terrorism that ‘‘. . . there ership into a case under either chapter 7 or have been open source reports that arms WALL STREET REFORM AND CON- chapter 11 of the Bankruptcy Code, while were purchased in Sudan’s black market and SUMER PROTECTION ACT OF 2009 clarifying that doing so will not affect any of allegedly smuggled northward to Hamas.’’ the FDIC’s powers with regard to any bridge Last week marked the anniversary of the SPEECH OF financial company created under the receiver- adoption of the 1948 Genocide Convention. In HON. JOHN CONYERS, JR. ship. Upon its appointment, and periodically the aftermath of the Nazi-perpetrated Holo- during the receivership, the FDIC will be re- OF MICHIGAN caust the world pledged ‘‘Never Again.’’ But quired to report to the House and Senate Judi- IN THE HOUSE OF REPRESENTATIVES these words ring hollow for the woman in the ciary Committees, as well as to other commit- camp in Darfur who has been brutally raped Wednesday, December 9, 2009 tees, why a receivership is necessary rather by government-backed janjaweed so that they The House in Committee of the Whole than using bankruptcy, and the consequences might, in their own words, make lighter House on the State of the Union had under for the rights of other creditors.

VerDate Nov 24 2008 05:26 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.050 E15DEPT1 jbell on DSKDVH8Z91PROD with REMARKS E3014 CONGRESSIONAL RECORD — Extensions of Remarks December 15, 2009 The Committee also added amendments to ranted, under the procedure developed for re- closer in line with the Administrative Proce- the Bankruptcy Code to clarify how a case viewing sales of assets during a bankruptcy dure Act, as intended; clarifications to the brought by the FDIC proceeds, including au- proceeding. This procedure expedites the ini- FDIC’s new rulemaking authority to ensure it thority for the FDIC to serve as trustee, with tial review, while permitting the antitrust en- is used in compliance with the Administrative accommodations to certain trustee obligations forcement agency to extend the period when Procedure Act; and revisions to the new au- in order to make it feasible for the FDIC to more information is needed to make its as- thority for nationwide service of subpoenas by serve. sessment. The Committee also clarified that the Securities and Exchange Commission to The Committee also adapted a number of the federal antitrust enforcement agencies ensure that the authority will be exercised con- key protections from the Bankruptcy Code into would retain their legal authority to challenge sistent with due process. the FDIC’s new dissolution procedure. These a merger or acquisition that would harm com- f protections include: petition in violation of the antitrust laws. A STRONG SON OF THE SOUTH IN Priority protection for unpaid wages and These changes balance the need for expe- HONOR OF SPC CRAIG C. SMITH, benefit plan contributions for employees of the ditious transfer of assets from a failing finan- THE UNITED STATES ARMY financial company, who do not have the same cial company to a safe new home with the im- recourse against their employer as business perative of preserving our competitive free creditors have against the company. market system. HON. MIKE ROGERS Protection of collective bargaining agree- The Committee also revised provisions in OF ALABAMA ments from repudiation by the FDIC, unless the title of the bill dealing with regulation of IN THE HOUSE OF REPRESENTATIVES the FDIC determines repudiation is necessary over-the-counter derivatives markets. Provi- Tuesday, December 15, 2009 for the orderly dissolution of the financial com- sions in the legislation as introduced sought to Mr. ROGERS of Alabama. Madam Speaker, pany, taking into consideration the cost to tax- prohibit entities involved in the derivatives I rise today to honor a real American Hero, payers and financial stability of the U.S. markets from engaging in or facilitating anti- SPC Craig C. Smith of the 172nd Infantry Bgd Appointment of a consumer privacy advisor competitive conduct. These entities included 9th Eng from Montgomery County, Alabama. to protect the privacy of consumers whose derivatives clearing organizations, swap deal- On April 5, 2009 in Iraq, after an IED blast, he personal information is in the possession of ers, major swap participants, swap execution almost lost his life . . . but did lose his leg. the financial company. facilities, clearing agencies, security-based His battle to overcome his next victory is a The Committee also directed the Govern- swap dealers, and major security-based swap lesson to us all. A lesson about faith and cour- ment Accountability Office to undertake two participants. There was language in these pro- age, and rebuilding his life. Along the way his studies and reports: visions that appeared to create exceptions, mother, Rosanna Smith, like so many other The first is a report in the event a financial and that the Committee was concerned might mothers and parents have helped their sons company is taken into emergency receivership potentially be read to create exemptions from and daughters with their unending support. I and assets are removed by the FDIC, on the the antitrust laws. ask that this poem penned by Albert Caswell extent to which claims against the company The Committee revised these provisions to of the Capitol Guide Service be placed in the for violations of the Truth in Lending Act have make clear that no antitrust exemptions are in- RECORD to honor him. been satisfied. tended. In two instances, in parts of the de- A STRONG SON OF THE SOUTH The other is a report on the ‘‘safe harbor’’ rivatives title amending the Securities Ex- On battlefields of honor bright . . . provisions for derivatives, swaps, and securi- change Act, the provisions were removed en- There are but those who must win that ties under federal law, that excludes them tirely. In three instances, in parts of the deriva- fight . . . from bankruptcy and receivership proceedings, tives title amending the Commodity Exchange Who must march so bravely off to war . . . on how they have affected the ability of busi- Act, the exception language was removed to To bare the burden, and all of that heartache nesses to reorganize. make clear that the prohibitions apply without endure . . . Armed but with only their most courageous ANTITRUST LAW exception, and to further clarify that the anti- hearts, they soar . . . One major impetus of this legislation is to trust laws remain fully in effect with respect to While, there in the face of dark evil and address the problem faced last year by finan- any conduct involved. death . . . cial institutions that were deemed ‘‘too big to PRACTICE OF LAW As they so boldly fight with all that they so fail.’’ The emergency efforts to deal with those The Constitutional freedoms and legal rights have left! institutions led to infusions of billions of federal we enjoy as Americans are ultimately pro- From where does such strength and courage dollars, and federal guarantees of billions tected in our courts, through the advocacy of so come? attorneys who are licensed to practice before And how do you raise such a magnificent more, putting the Treasury at significant risk. Southern Son? But ‘‘too big to fail’’ has another aspect that them. In keeping with these critical responsibil- A Strong Son of the South, this fine one! places our nation at significant risk—and that ities, the activities of these ‘‘officers of the From but a family of love . . . is the potential danger to competition when court’’ are regulated by the States, through And a fine Mother, who but holds her son so the marketplace becomes concentrated in the government bodies, generally overseen by the very high above . . . hands of so few competitors that consumers State’s highest court, with specialized exper- Sweet Home Alabama, this one she loves! no longer have meaningful choice, and the tise in the duties imposed by the code of legal And in times of war . . . healthy influence of competition on price, qual- ethics. There are new battles, that these fine heroes and families must now endure . . . ity, and innovation are lost. Accordingly, the Judiciary Committee revised the Consumer Financial Protection When, in the midst of hell . . . as close to It is important to the Judiciary Committee, death, your fine heart so swells . . . as the Committee in charge of the laws pro- Agency Act title to clarify that the new agency As you lose your fine strong leg, will you win tecting our economic freedoms against mo- is not being given authority to regulate the this new battle? nopolization and other anticompetitive re- practice of law, which is regulated by the State As it’s for him we pray! straints of trade, that should our nation ever or States in which the attorney is licensed to For only armed with hearts of courage be faced with a similar financial system emer- practice. The Committee further clarified that full . . . gency in the future, that antitrust protections this is not intended to preclude the new agen- Will over evil, and heartache so rule! remain in place to ensure that our response cy from regulating other conduct engaged in For you Craig, were once the one . . . by individuals who happen to be attorneys or Who like a deer, could so run . . . does not leave us, when the dust clears, with Jump so high with all of your speed . . . an even more concentrated market, with com- acting under their direction, as long as the A sheer Tour De force, but for his country he panies that are even bigger, with more market conduct is not part of the practice of law or in- would bleed! power, and less responsive to the consumers cidental to the practice of law. You’re A Bama! they are supposed to serve. OTHER CONTRIBUTIONS That can’t be stopped! Accordingly, the Committee revised the Other contributions by the Judiciary Com- With your heart of a hero, Craig you’ll climb emergency FDIC dissolution procedures for fi- mittee include revisions to the Consumer Fi- this mountain . . . but to the top! nancial institutions posing imminent toxic dan- nancial Protection Agency’s new investigative For you got a life to live, and so much to our world to give . . . ger to the broader financial system, to ensure authority to bring it closer into conformity with For our Lord God put’s men like you upon that any proposed sale of significant assets to the Antitrust Civil Process Act, on which it is this earth . . . a competitor that occurs after the initial ur- modeled; clarifications to the new revised pro- Fine men like you, in all your worth . . . gency has passed would be subject to effec- cedures for FTC rulemaking in the unfair and To Teach Us, To Reach Us, To All of Our tive pre-merger antitrust review when war- deceptive acts or practices area, to bring them Hearts, To So Beseech Us!

VerDate Nov 24 2008 05:26 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A15DE8.053 E15DEPT1 jbell on DSKDVH8Z91PROD with REMARKS December 15, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3015 Freedom Fighters, in our Lord’s eyes . . . grandchildren, Ms. Wynona Redmond, that a more humane approach to immigration en- Heroes like you Craig so come first . . . she had a tradition of giving members of her forcement. And if ever I have a son, I but hope and pray family monetary gifts that matched their age he could grow up to be like you fine It also contains key provisions of the Amer- one! on birthdays and that she often thought and ican Dream Act that I co-authored with Con- A Strong Son of the South . . . acted on behalf of others before considering gressman BERMAN, which would enable young herself, and that is one of the reasons she will f immigrants to attend college and contribute to always be ‘‘Dear Me’’ to all of those who knew the social and economic fabric of this nation. TRIBUTE TO MRS. RUBY BUTLER, her. We salute Mrs. Ruby Butler, Dear Me, for These students should not be forced to BETTER KNOWN TO HER FAMILY being an outstanding humanitarian with a big defer their dreams and abandon their ambi- AND FRIENDS AS ‘‘DEAR ME heart who was more concerned about others tions simply because they lack documentation. BUTLER’’ than for herself. Indeed, we cannot afford to waste our invest- f ments in these talented, motivated young peo- HON. DANNY K. DAVIS COMPREHENSIVE IMMIGRATION ple—the products of our schools and our com- OF ILLINOIS REFORM FOR AMERICA’S SECU- munities. IN THE HOUSE OF REPRESENTATIVES RITY AND PROSPERITY ACT (CIR In addition, the legislation includes important Tuesday, December 15, 2009 A.S.A.P) language aimed at reforming our unjust immigration detention policies based on the Immi- Mr. DAVIS of Illinois. Madam Speaker, I rise HON. LUCILLE ROYBAL-ALLARD gration Oversight and Fairness Act I intro- to pay tribute to a wonderful woman who de- duced earlier this year. voted most of her life to the well-being of her OF CALIFORNIA friends and family. Dear Me was born to the IN THE HOUSE OF REPRESENTATIVES On any given night, more than 30,000 immi- parentage of Offie and Lillie Floyd Pitts in Tuesday, December 15, 2009 grants go to sleep in detention centers across Opelika, Alabama on January 23, 1926. The America. Included in their growing ranks are Ms. ROYBAL-ALLARD. Madam Speaker, asylum seekers, torture survivors, children, Pitts raised Dear Me and her siblings in today we begin the process of transforming an Salem, Alabama. Dear Me attended Flint Hill pregnant women and the elderly. Our bill immigration system which has undermined our would strengthen and codify detention regula- School and changed her name to Ruby prior economy and eroded America’s moral stand- to beginning high school. Ruby was raised in tions, guaranteeing every detainee access to ing. medical care and legal advice. a God-loving, God-fearing home and accepted For too long, Congress has sidestepped our Christ at an early age. She attended the mounting immigration challenges, but led by There are those who say we shouldn’t pur- Weeping Mary Baptist Church in Salem, Ala- Congressman GUTIERREZ, the Congressional sue these sweeping changes at a time when bama. Hispanic Caucus and its allies have devised our economy is stagnant and job losses are Offie and Lillie Pitts moved their family to bold, imaginative solutions to these problems. mounting. Yet it is precisely because Amer- Knoxville, Tennessee in the late 1950’s. Ruby In recent years, vast sums have been spent ican families are facing unprecedented eco- worked as a domestic while in high school and on new agents and infrastructure to secure a nomic hardships that addressing this issue is married Frank Butler. They relocated north to once porous border. But we know taller fences so critical. According to the CATO Institute, a Chicago and raised four children–Lucy, and stiffer penalties alone are incapable of conservative think tank, establishing a path to Charles, Juanita and Earl. mitigating the human toll our broken immigra- legalization will boost the annual income of Ruby worked at various factories and plant tion system exacts every day. American households by fully $180 billion over jobs in Chicago, including W.F. Hall Printing The Comprehensive Immigration Reform for the next ten years. Co. and retired from Goodwill Industries. Ruby America’s Security and Prosperity Act (CIR We have a moral obligation to pass the CIR was highly religious and was a member of the A.S.A.P) lays out a broad blueprint for cor- A.S.A.P. Act for the asylum seeker denied due Greater Rock Church, was delighted to see recting the deeply flawed immigration laws process, for the child separated from her par- Barack Obama elected president of the United and policies that are the source of so much ents and for the brave veteran whose spouse States, and often prayed for him and his fam- suffering. faces deportation. But we also desperately ily and their safety. The bill would establish a sensible path to need this legislation to strengthen our econ- Ruby loved children and made her real life- legalization for undocumented immigrants, end omy, raise wages and ultimately ensure a time career caring for her own children and for the shortage of visas that continues to divide brighter economic future for every American the children of others. I am told by one of her families and direct federal authorities to adopt family.

VerDate Nov 24 2008 05:26 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A15DE8.055 E15DEPT1 jbell on DSKDVH8Z91PROD with REMARKS Tuesday, December 15, 2009 Daily Digest Senate By 51 yeas to 48 nays (Vote No. 377), Dorgan Chamber Action Modified Amendment No. 2793 (to Amendment Routine Proceedings, pages S13203–S13276 No. 2786), to provide for the importation of pre- Measures Introduced: Three bills and one resolu- scription drugs. (Pursuant to the order of Monday, tion were introduced, as follows: S. 2882–2884, and December 14, 2009, the amendment having failed to S.J. Res. 22. Pages S13251–52 achieve 60 affirmative votes, be withdrawn). Pages S13205, S13216–24, S13238 Measures Reported: By 56 yeas to 43 nays (Vote No. 378), Lautenberg S. 705, to reauthorize the programs of the Over- Amendment No. 3156 (to Amendment No. 2786), seas Private Investment Corporation. (S. Rept. No. to provide for the importation of prescription drugs. 111–107) (Pursuant to the order of Monday, December 14, S. 1067, to support stabilization and lasting peace 2009, the amendment having failed to achieve 60 af- in northern Uganda and areas affected by the Lord’s firmative votes, be withdrawn). Resistance Army through development of a regional Pages S13224–36, S13238–39 strategy to support multilateral efforts to successfully Pending: protect civilians and eliminate the threat posed by Reid Amendment No. 2786, in the nature of a the Lord’s Resistance Army and to authorize funds substitute. Page S13205 for humanitarian relief and reconstruction, reconcili- Hutchison Motion to commit the bill to the ation, and transitional justice, with an amendment Committee on Finance, with instructions. in the nature of a substitute. (S. Rept. No. 111–108) Pages S13239–42 Page S13251 A unanimous-consent-time agreement was reached Measures Considered: providing for further consideration of the bill at approximately 10:00 a.m., on Wednesday, December Service Members Home Ownership Tax Act— 16, 2009, with the first hour equally divided and Agreement: Senate resumed consideration of H.R. controlled between the two Leaders, or their des- 3590, to amend the Internal Revenue Code of 1986 ignees, with the Majority controlling the first half to modify the first-time homebuyers credit in the and the Republicans controlling the second half. case of members of the Armed Forces and certain Page S13276 other Federal employees, taking action on the following amendments proposed thereto: Signing Authority—Agreement: A unanimous- Pages S13205–42 consent agreement was reached providing that the Adopted: Majority Leader, be authorized to sign duly enrolled By 97 yeas to 1 nay (Vote No 375), Baucus bills or joint resolutions on Tuesday, December 15, Amendment No. 3183 (to Amendment No. 2786), 2009. Pages S13242–43 to protect middle class families from tax increases. Nominations Received: Senate received the fol- (Pursuant to the order of Monday, December 14, lowing nominations: 2009, the amendment having achieved 60 affirma- 1 Air Force nomination in the rank of general. tive votes, was agreed to). Pages S13205, S13236–37 Routine lists in the Air Force, Army, and Marine Withdrawn: Corps. Page S13276 By 45 yeas to 54 nays (Vote No. 376), Crapo mo- Messages from the House: Page S13249 tion to commit the bill to the Committee on Fi- Executive Communications: Pages S13249–51 nance, with instructions. (Pursuant to the order of Monday, December 14, 2009, the amendment hav- Additional Cosponsors: Pages S13252–53 ing failed to achieve 60 affirmative votes, be with- Statements on Introduced Bills/Resolutions: drawn). Pages S13205, S13237–38 Pages S13253–54 D1466

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Additional Statements: Page S13249 R. Pietrangelo, Nuclear Energy Institute, both of Amendments Submitted: Pages S13254–75 Washington, DC. Notices of Hearings/Meetings: Page S13276 U.S. POLICY IN CENTRAL ASIA Authorities for Committees to Meet: Page S13276 Committee on Foreign Relations: Subcommittee on Near Eastern and South and Central Asian Affairs con- Privileges of the Floor: Page S13276 cluded a hearing to examine reevaluating United Record Votes: Four record votes were taken today. States policy in Central Asia, after receiving testi- (Total—378) Pages S13237, S13238, S13239 mony from George A. Krol, Deputy Assistant Sec- Adjournment: Senate convened at 10 a.m. and ad- retary of State for South and Central Asian Affairs; journed at 7:56 p.m., until 10 a.m. on Wednesday, David Sedney, Deputy Assistant Secretary of Defense December 16, 2009. (For Senate’s program, see the for Afghanistan, Pakistan, and Central Asia; Stephen remarks of the Acting Majority Leader in today’s Blank, United States Army War College, Carlisle Record on page S13276.) Barracks, Pennsylvania; and Martha Brill Olcott, Carnegie Endowment for International Peace, Wash- Committee Meetings ington, DC. MANAGEMENT INTEGRATION AT (Committees not listed did not meet) DEPARTMENT OF HOMELAND SECURITY NOMINATIONS Committee on Homeland Security and Governmental Af- fairs: Subcommittee on Oversight of Government Committee on Commerce, Science, and Transportation: Management, the Federal Workforce, and the Dis- Committee concluded a hearing to examine the trict of Columbia concluded a hearing to examine ef- nominations of Julie Simone Brill, of Vermont, who forts to improve management integration at the De- was introduced by Senator Leahy, and Edith Rami- partment of Homeland Security, focusing on the ex- rez, of California, both to be a Federal Trade Com- tent to which they have developed a comprehensive missioner, David L. Strickland, of Georgia, to be strategy for management integration, after receiving Administrator of the National Highway Traffic Safe- testimony from Elaine C. Duke, Under Secretary for ty Administration, Department of Transportation, Management, and Anne L. Richards, Assistant In- who was introduced by Senator Inouye, Michael A. spector General for Audit, both of the Department Khouri, of Kentucky, to be a Federal Maritime of Homeland Security; and Bernice Steinhardt, Di- Commissioner, and Nicole Yvette Lamb-Hale, of rector, Strategic Issues, Government Accountability Michigan, to be Assistant Secretary of Commerce, Office. after the nominees testified and answered questions in their own behalf. DNA EVIDENCE IN RAPE CASES Committee on the Judiciary: Committee concluded a ENERGY BILLS hearing to examine the effective use of DNA evi- Committee on Energy and Natural Resources: Committee dence to solve rape cases nationwide, after receiving concluded a hearing to examine S. 2052, to amend testimony from Debbie Smith, H-E-A-R-T, Inc., the Energy Policy Act of 2005 to require the Sec- Williamsburg, Virginia; Steve Redding, Hennepin retary of Energy to carry out a research and develop- County Attorney, Hennepin County, Minnesota; ment and demonstration program to reduce manu- Susan Smith Howley, National Center for Victims of facturing and construction costs relating to nuclear Crime, Washington, D.C.; Stephanie Stoiloff, reactors, and S. 2812, to amend the Energy Policy Miami-Dade Police Department Crime Laboratory Act of 2005 to require the Secretary of Energy to Bureau, Miami, Florida; and Jayann Sepich, Sur- carry out programs to develop and demonstrate 2 viving Parents Coalition, Carlsbad, New Mexico. small modular nuclear reactor designs, after receiving testimony from Warren F. Miller, Jr., Assistant Sec- INTELLIGENCE retary of Energy for Nuclear Energy; Michael R. Select Committee on Intelligence: Committee held closed Johnson, Director, Office of New Reactors, United hearings on intelligence matters, receiving testimony States Nuclear Regulatory Commission; and Thomas from officials of the intelligence community. L. Sanders, American Nuclear Society, and Anthony Committee recessed subject to the call.

VerDate Nov 24 2008 05:28 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D15DE9.REC D15DEPT1 jbell on DSKDVH8Z91PROD with DIGEST D1468 CONGRESSIONAL RECORD — DAILY DIGEST December 15, 2009 House of Representatives service is rated fully successful or higher throughout Chamber Action that time, to be converted to a permanent appoint- Public Bills and Resolutions Introduced: 18 pub- ment in the competitive service, by a 2⁄3 recorded lic bills, H.R. 4308–4325; and 8 resolutions, H.J. vote of 414 ayes to 1 no, Roll No. 972; Res. 64; H. Con. Res. 222; and H. Res. 970–975 Pages H14887–90, H14901–02 were introduced. Pages H14980–82 First Responder Anti-Terrorism Training Re- Additional Cosponsors: Page H14982 sources Act: H.R. 3978, to amend the Implementing Reports Filed: Reports were filed today as follows: Recommendations of the 9/11 Commission Act of H.R. 3978, to amend the Implementing Rec- 2007 to authorize the Secretary of Homeland Secu- ommendations of the 9/11 Commission Act of 2007 rity to accept and use gifts for otherwise authorized to authorize the Secretary of Homeland Security to activities of the Center for Domestic Preparedness accept and use gifts for otherwise authorized activi- that are related to preparedness for and response to ties of the Center for Domestic Preparedness that are terrorism, by a 2⁄3 recorded vote of 413 ayes to 1 no, related to preparedness for and response to terrorism Roll No. 973; Pages H14890–91, H14902–03 (H. Rept. 111–376); H. Res. 922, directing the Secretary of Homeland Honoring the 50th anniversary of the recording Security to transmit to the House of Representatives of the album ‘‘Kind of Blue’’ and reaffirming jazz all information in the possession of the Department as a national treasure: H. Res. 894, to honor the of Homeland Security relating to the Department’s 50th anniversary of the recording of the album planning, information sharing, and coordination with ‘‘Kind of Blue’’ and reaffirming jazz as a national any state or locality receiving detainees held at treasure, by a 2⁄3 yea-and-nay vote of 409 yeas with Naval Station, Guantanamo Bay, Cuba on or after none voting ‘‘nay’’, Roll No. 971; January 20, 2009, with amendments (H. Rept. Pages H14891–92, H14900–01 111–377); Human Rights Enforcement Act of 2009: S. H. Res. 920, directing the Attorney General to 1472, to establish a section within the Criminal Di- transmit to the House of Representatives all infor- vision of the Department of Justice to enforce mation in the Attorney General’s possession regard- human rights laws, to make technical and con- ing certain matters pertaining to detainees held at forming amendments to criminal and immigration Naval Station, Guantanamo Bay, Cuba who are laws pertaining to human rights violations, by a 2⁄3 transferred into the United States, adversely (H. recorded vote of 416 ayes to 3 noes, Roll No. 977; Page H14980 Rept. 111–378); Pages H14892–94, H14944–45 H. Res. 973, waiving a requirement of clause 6(a) of rule XIII with respect to consideration of certain Expressing the sense of the House of Representa- resolutions reported from the Committee on Rules tives that A. Philip Randolph should be recognized (H. Rept. 111–379). Page H14980 for his lifelong leadership and work to end dis- Speaker: Read a letter from the Speaker wherein she crimination and secure equal employment and appointed Representative Cuellar to act as Speaker labor opportunities for all Americans: H. Res. 150, to express the sense of the House of Representatives pro tempore for today. Page H14879 that A. Philip Randolph should be recognized for his Recess: The House recessed at 9:19 a.m. and recon- lifelong leadership and work to end discrimination vened at 10 a.m. Page H14881 and secure equal employment and labor opportuni- Suspensions: The House agreed to suspend the rules ties for all Americans, by a 2⁄3 recorded vote of 395 and pass the following measures: ayes to 23 noes, Roll No. 976; Allowing certain U.S. Customs and Border Pro- Pages H14894–96, H14943–44 tection employees who serve under an overseas lim- Commercial Advertisement Loudness Mitigation ited appointment for at least 2 years, and whose Act: H.R. 1084, amended, to require the Federal service is rated fully successful or higher through- Communications Commission to prescribe a standard out that time, to be converted to a permanent ap- to preclude commercials from being broadcast at pointment in the competitive service: H.R. 1517, louder volumes than the program material they ac- amended, to allow certain U.S. Customs and Border company; Pages H14907–10 Protection employees who serve under an overseas limited appointment for at least 2 years, and whose

VerDate Nov 24 2008 05:28 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D15DE9.REC D15DEPT1 jbell on DSKDVH8Z91PROD with DIGEST December 15, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1469 Expressing the sense of the House of Representa- Quorum Calls—Votes: Two yea-and-nay votes and tives regarding guidelines for breast cancer screen- five recorded votes developed during the proceedings ing for women ages 40 to 49: H. Res. 971, to ex- of today and appear on pages H14901, H14901–02, press the sense of the House of Representatives re- H14902, H14942–43, H14943, H14944, garding guidelines for breast cancer screening for H14944–45. There were no quorum calls. women ages 40 to 49, by a 2⁄3 yea-and-nay vote of Adjournment: The House met at 9 a.m. and ad- 426 yeas with none voting ‘‘nay’’, Roll No. 974; and journed at 11:17 p.m. Pages H14910–16, H14942–43 Iran Refined Petroleum Sanctions Act of 2009: H.R. 2194, amended, to amend the Iran Sanctions Committee Meetings Act of 1996 to enhance United States diplomatic ef- TERROR SUSPECT TRIAL/DETENTION forts with respect to Iran by expanding economic INFORMATION sanctions against Iran, by a 2⁄3 recorded vote of 412 ayes to 12 noes with 4 voting ‘‘present’’, Roll No. Committee on Armed Services: Ordered reported, as 975. Pages H14921–42, H14943 amended, H. Res. 924, Directing the Secretary of Defense to transmit to the House of Representatives Suspensions—Proceedings Postponed: The House copies of any document, record, memo, correspond- debated the following measures under suspension of ence, or other communication of the Department of the rules. Further proceedings were postponed: Defense, or any portion of such communication, that PHONE Act of 2009: H.R. 1110, amended, to refers or relates to the trial or detention of Khalid amend title 18, United States Code and to prevent Sheikh Mohammed, Walid Muhammad Salih caller ID spoofing; Pages H14896–97 Murarek Bin ‘Attash, Ramzi Binalshibh, Ali Abdul Recognizing the 70th anniversary of the retire- Aziz Ali, or Mustafa Ahmed Adam al Hawsawi. ment of Justice Louis D. Brandeis from the United MISCELLANEOUS MEASURES States Supreme Court: H. Res. 905, to recognize the 70th anniversary of the retirement of Justice Committee on Energy and Commerce: Subcommittee on Louis D. Brandeis from the United States Supreme Communications, Technology, and the Internet held Court; Pages H14897–99 a hearing on the following bills: H.R. 3125, Radio Spectrum Inventory Act; and H.R. 3019, Spectrum Law Student Clinic Participation Act of 2009: Relocation Improvement Act of 2009. Testimony H.R. 4194, to amend title 18, United States Code, was heard from former Representative Steve Largent to exempt qualifying law school students partici- of Colorado; and public witnesses. pating in legal clinics or externships from the application of the conflict of interest rules under section U.S. COVERED BONDS MARKET 205 of such title; Pages H14899–H14900 Committee on Financial Services: Held a hearing enti- Local Community Radio Act of 2009: H.R. tled ‘‘Covered Bonds: Prospects for a U.S. Market 1147, amended, to implement the recommendations Going Forward.’’ Testimony was heard from public of the Federal Communications Commission report witnesses. to the Congress regarding low-power FM service; and Pages H14903–07 LISBON TREATY IMPACTS BETWEEN U.S.- Daniel Pearl Freedom of the Press Act of 2009: EU RELATIONS H.R. 3714, amended, to amend the Foreign Assist- Committee on Foreign Affairs: Subcommittee on Europe ance Act of 1961 to include in the Annual Country held a hearing on the Lisbon Treaty: Implications for Reports on Human Rights Practices information Future Relations Between the European Union and about freedom of the press in foreign countries and the United States. Testimony was heard from Philip to establish a grant program to promote freedom of H. Gordon, Assistant Secretary, Bureau of European the press worldwide. Pages H14916–21 Affairs, Department of State; and public witnesses. Meeting Hour: Agreed that when the House ad- VIOLENT EXTREMISM journs today, it adjourn to meet at 9 a.m. tomorrow, December 16. Page H14942 Committee on Homeland Security: Subcommittee on In- telligence, Information Sharing and Terrorism Risk Senate Message: Message received from the Senate Assessment held a hearing entitled ‘‘Violent Extre- today appears on page H14882. mism: How Are People Moved from Constitu- Senate Referral: S. 1755 was referred to the Com- tionally-Protected Thought to Acts of Terrorism?’’ mittee on Energy and Commerce. Page H14978 Testimony was heard from public witnesses.

VerDate Nov 24 2008 05:28 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D15DE9.REC D15DEPT1 jbell on DSKDVH8Z91PROD with DIGEST D1470 CONGRESSIONAL RECORD — DAILY DIGEST December 15, 2009 JUDGE PORTEOUS IMPEACHMENT NEW PUBLIC LAWS Committee on the Judiciary, Task Force on Judicial Im- (For last listing of Public Laws, see DAILY DIGEST, p. D1391) peachment continued consideration of Possible Im- S. 1599, to amend title 36, United States Code, peachment of United States District Judge G. to include in the Federal charter of the Reserve Offi- Thomas Porteous, Jr., Part IV. Testimony was heard cers Association leadership positions newly added in from public witnesses. its constitution and bylaws. Signed on December 14, 2009. (Public Law 111–113) IRAN SANCTIONS S. 1860, to permit each current member of the Committee on Oversight and Government Reform: Sub- Board of Directors of the Office of Compliance to committee on National Security and Foreign Affairs serve for 3 terms. Signed on December 14, 2009. held a hearing entitled ‘‘ Iran Sanctions: Options, (Public Law 111–114) Opportunities, and Consequences. Testimony was f heard from public witnesses. SAME-DAY CONSIDERATION OF CERTAIN COMMITTEE MEETINGS FOR WEDNESDAY, RESOLUTIONS REPORTED BY THE RULES DECEMBER 16, 2009 COMMITTEE (Committee meetings are open unless otherwise indicated) Committee on Rules: Granted, by a non-record vote, a rule waiving clause 6(a) of rule XIII (requiring a Senate two-thirds vote to consider a rule on the same day Committee on Agriculture, Nutrition, and Forestry: business it is reported from the Rules Committee) against any meeting to consider H.R. 310, to provide for the convey- rule reported from the Rules Committee on the leg- ance of approximately 140 acres of land in the Ouachita islative day of December 16, 2009. National Forest in Oklahoma to the Indian Nations Council, Inc., of the Boy Scouts of America, H.R. 511, SSA NATIONAL COMPUTER CENTER to authorize the Secretary of Agriculture to terminate cer- REPLACEMENT tain easements held by the Secretary on land owned by the Village of Caseyville, Illinois, and to terminate associ- Committee on Ways and Means: Subcommittee on So- ated contractual arrangements with the Village, S. Res. cial Security and the Subcommittee on Economic 374, recognizing the cooperative efforts of hunters, Development, Public Buildings and Emergency sportsmen’s associations, meat processors, hunger relief or- Management of the Committee on Transportation ganizations, and State wildlife, health, and food safety and Infrastructure held a joint hearing on Recovery agencies to establish programs that provide game meat to Act Project to Replace the Social Security Adminis- feed the hungry, an original bill pertaining to watershed tration’s National Computer Center. Testimony was projects in Massachusetts and West Virginia, and the heard from the following officials of the SSA: Mi- nomination of Jill Long Thompson, of Indiana, to be a Member of the Farm Credit Administration Board, Farm chael Gallagher, Deputy Commissioner, Office of Credit Administration, Time to be announced, Room to Budget, Finance and Management; and Patrick P. be announced. O’Carroll, Inspector General; and a public witness. Committee on Armed Services: to receive a briefing on the assessment by the Joint Estimating Team of the F–35 GUANTANAMO DETAINEES TRANSFERS— Joint Strike Fighter Program, 1:30 p.m., SR–222. EFFECTS ON FOREIGN INTELLIGENCE Committee on Energy and Natural Resources: business Permanent Select Committee on Intelligence: Ordered re- meeting to consider pending calendar business, 11:30 ported, as amended, H. Res. 923, Requesting the a.m., SD–366. President to transmit to the House of Representa- Committee on Homeland Security and Governmental Affairs: tives all documents in the possession of the President business meeting to consider S. 1102, to provide benefits to domestic partners of Federal employees, S. 1830, to es- related to the effects on foreign intelligence collec- tablish the Chief Conservation Officers Council to im- tion of the transfer of detainees held at Naval Sta- prove the energy efficiencies of Federal agencies, S. 2868, tion, Guantanamo Bay, Cuba, into the United States. to provide increased access to the General Services Ad- ministration’s Schedules Program by the American Red BRIEFING—PAKISTAN Cross and State and local governments, H.R. 2711, to Permanent Select Committee on Intelligence: Met in execu- amend title 5, United States Code, to provide for the tive session to receive a briefing on Pakistan. The transportation of the dependents, remains, and effects of Committee was briefed by departmental witnesses. certain Federal employees who die while performing official duties or as a result of the performance of official duties, S. 2865, to reauthorize the Congressional Award Act Joint Meetings (2 U.S.C. 801 et seq.), S. 2872, to reauthorize appropria- No joint committee meetings were held. tions for the National Historical Publications and Records

VerDate Nov 24 2008 05:28 Dec 16, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D15DE9.REC D15DEPT1 jbell on DSKDVH8Z91PROD with DIGEST December 15, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1471 Commission through fiscal year 2014, H.R. 2877, to des- House ignate the facility of the United States Postal Service located at 76 Brookside Avenue in Chester, New York, as Committee on Armed Services, Subcommittee on Ter- the ‘‘1st Lieutenant Louis Allen Post Office’’, H.R. 3667, rorism, Unconventional Threats and Capabilities, hearing to designate the facility of the United States Postal Serv- on understanding cyberspace as a medium for ice located at 16555 Springs Street in White Springs, radicalization and counter-radicalization, 1:30 p.m., 210 Florida, as the ‘‘Clyde L. Hillhouse Post Office Building’’, HVC. H.R. 3788, to designate the facility of the United States Committee on Energy and Commerce, Subcommittee on Postal Service located at 3900 Darrow Road in Stow, Health, hearing entitled ‘‘Innovations in Addressing Ohio, as the ‘‘Corporal Joseph A. Tomci Post Office Childhood Obesity,’’ 9:30 a.m., 2123 Rayburn. Building’’, H.R. 1817, to designate the facility of the Committee on Homeland Security, Subcommittee on Trans- United States Postal Service located at 116 North West portation Security and Infrastructure Protection, hearing Street in Somerville, Tennessee, as the ‘‘John S. Wilder entitled ‘‘Has the TSA Breach Jeopardized National Secu- Post Office Building’’, H.R. 3072, to designate the facil- rity? An Examination of What Happened and Why,’’ 2 ity of the United States Postal Service located at 9810 p.m., 311 Cannon. Halls Ferry Road in St. Louis, Missouri, as the ‘‘Coach Committee on the Judiciary, hearing on Piracy of Live Jodie Bailey Post Office Building’’, H.R. 3319, to des- Sports Broadcasting over the Internet, 10 a.m., 2141 ignate the facility of the United States Postal Service lo- Rayburn. cated at 440 South Gulling Street in Portola, California, Subcommittee on Commercial and Administrative Law, as the ‘‘Army Specialist Jeremiah Paul McCleery Post Of- hearing on Protecting Employees in Airline Bankruptcies, fice Building’’, H.R. 3539, to designate the facility of the 2:30 p.m., 2141 Rayburn. United States Postal Service located at 427 Harrison Ave- Subcommittee on Courts and Competition Policy, hear- nue in Harrison, New Jersey, as the ‘‘Patricia D. ing on H.R. 4115, Open Access to the Courts Act of McGinty-Juhl Post Office Building’’, H.R. 3767, to des- 2009, 2 p.m., 2237 Rayburn. ignate the facility of the United States Postal Service lo- Committee on Natural Resources, to mark up the fol- cated at 170 North Main Street in Smithfield, Utah, as lowing bills: H.R. 725, Indian Arts and Crafts Amend- the ‘‘W. Hazen Hillyard Post Office Building’’, and the ments Act of 2009; H.R. 2288, Endangered Fish Recov- nominations of Grayling Grant Williams, of Maryland, to ery Programs Improvement Act of 2009; H.R. 2476, Ski be Director of the Office of Counternarcotics Enforce- Area Recreational Opportunity Enhancement Act of ment, and Elizabeth M. Harman, of Maryland, to be an 2009; H.R. 3726, Castle Nugent Historic Site Establish- Assistant Administrator of the Federal Emergency Man- ment Act of 2009; H.R. 3538, Idaho Wilderness Water agement Agency, both of the Department of Homeland Resources Protection Act; and H.R. 2314, Native Hawai- Security, 10 a.m., SD–342. Subcommittee on Federal Financial Management, Gov- ian Government Reorganization Act of 2009, 10 a.m., ernment Information, Federal Services, and International 1324 Longworth. Security, to hold hearings to examine tools to combat Committee on Oversight and Government Reform, Sub- deficits and waste, focusing on enhanced rescission au- committee on Domestic Policy, hearing entitled ‘‘The thority, 2:30 p.m., SD–342. U.S. Government as Dominant Shareholder: How Should Committee on the Judiciary: Subcommittee on Human the Taxpayers’ Ownership Rights be Exercised?’’ 10 a.m., Rights and the Law, to hold hearings to examine United 2154 Rayburn. States implementation of human rights treaties, 10:30 Subcommittee on Information Policy, Census, and Na- a.m., SD–226. tional Archives, hearing entitled ‘‘History Museum or Full Committee, to hold hearings to examine the Records Access Agency? Defining and Fulfilling the Mis- nominations of James A. Wynn, Jr., of North Carolina, sion of the National Archives and Records Administra- and Albert Diaz, of North Carolina, both to be United tion,’’ 2 p.m., 2154 Rayburn. States Circuit Judge for the Fourth Circuit, 3 p.m., Committee on Veterans’ Affairs, Subcommittee on Over- SD–226. sight and Investigations, hearing on Acquisition Defi- Committee on Veterans’ Affairs: business meeting to con- ciencies at the U.S. Department of Veterans Affairs, 10 sider the nominations of Robert A. Petzel, of Minnesota, a.m., 334 Cannon. to be Under Secretary for Health, and Raul Perea-Henze, Permanent Select Committee on Intelligence, Subcommittee of New York, to be Assistant Secretary for Policy and on Terrorism, Human Intelligence, Analysis and Counter- Planning, both of the Department of Veterans Affairs, terrorism, executive, briefing on Hot Spots, 4 p.m., Time to be announced, Room to be announced. HVC.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, December 16 9 a.m., Wednesday, December 16

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: To be announced. ation of H.R. 3590, Service Members Home Ownership Tax Act, with votes expected on or in relation to Hutchison motion to commit the bill and Sanders Amendment No. 2837.

Extensions of Remarks, as inserted in this issue

HOUSE Duncan, John J., Jr., Tenn., E3009 Murphy, Christopher S., Conn., E3007 Eshoo, Anna G., Calif., E3007 Myrick, Sue Wilkins, N.C., E3005 Bachmann, Michele, Minn., E3008 Garrett, Scott, N.J., E3010 Neugebauer, Randy, Tex., E3010 Barrett, J. Gresham, S.C., E3002, E3007 Grayson, Alan, Fla., E3006 Pascrell, Bill, Jr., N.J., E3005 Bean, Melissa L., Ill., E3001, E3003 Guthrie, Brett, Ky., E3004 Rogers, Mike, Ala., E3014 Becerra, Xavier, Calif., E3007 Hirono, Mazie K., Hawaii, E3005 Roybal-Allard, Lucille, Calif., E3015 Boyd, Allen, Fla., E3003 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E3002, E3011 Smith, Adam, Wash., E3011 Chu, Judy, Calif, E3003 Johnson, Timothy V., Ill., E3011 Smith, Adrian, Nebr., E3010 Coffman, Mike, Colo., E3008 Jordan, Jim, Ohio, E3006 Conyers, John, Jr., Mich., E3013 Kind, Ron, Wisc., E3004 Souder, Mark E., Ind., E3010 Courtney, Joe, Conn., E3011 Klein, Ron, Fla., E3007 Space, Zachary T., Ohio, E3001 Crenshaw, Ander, Fla., E3004 Langevin, James R., R.I., E3007 Stupak, Bart, Mich., E3005, E3008 Cuellar, Henry, Tex., E3003 Lee, Barbara, Calif., E3002, E3004, E3011 Thompson, Mike, Calif., E3001, E3005, E3006 Dahlkemper, Kathleen A., Pa., E3012 McCarthy, Carolyn, N.Y., E3003 Upton, Fred, Mich., E3010 Davis, Danny K., Ill., E3015 McCollum, Betty, Minn., E3012 Wilson, Joe, S.C., E3003 Diaz-Balart, Lincoln, Fla., E3006 Mack, Connie, Fla., E3005 Wolf, Frank R., Va., E3012 Dreier, David, Calif., E3006 Maloney, Carolyn B., N.Y., E3013 Woolsey, Lynn C., Calif., E3001, E3007

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