our system of liberty. unfortunately the supreme court and other federal courts have often given private property rights short shrift and denied them the protection that is routinely extended to other constitutional rights and i hope the committee's interest in this issue will, over time, helped begin to change that. in my oral testimony i will consider judge sonia sotomayor's most well-known property rights decision, the village of port chester, in my written testimony which i hope will be on traditional record, i discussed her decision in prince stock versus kelly. the backbone of the decision in the supreme court, 2005 decision indicates the city of new london's requirement that private property can only be taken by the government if it is for public use. unfortunately a closely divided force by the supreme court ruled that it is permissible to take property from one private individual and give it to

another solely for purposes of promoting economic development, even if there isn't even any evidence necessarily that the development like liquor. many parts of the country can, indeed since world war ii. economic development and other similar takings have displaced hundreds of thousands of people, many of them poor or ethnic minorities. but as broad as the cue woe decision was in upholding a wide range of abusive takings, judge sotomayor's decision in the didden case went even further than cue woe in doing so. the facts of the didden case are as follows. in 1999, the village of port chester in new york declared a redevelopment area in part of its territory where therefore property could be taken by eminent domain in order to promote development there. and they also pointed to a person in greg watt rah, a

powerful developer as the main developer for the area. in 2003, bart kind and dominic vel loan ya, two property owners in the area approached the village for permissions to build a cvs on their property and directed by mr. wasser -- directed to mr. wasser who told them that they must either pay him $800,000 or give him a 50% stake in their business, otherwise, he threatened that he would have the village condemn their property. when they refused his demand, the property was condemned almost immediately after that. now, in her decision with two other members of the second circuit, the panel that judge sotomayor was on upheld this condemnation in a very short, cursory summary order that included almost no analysis. now it is true that they cited the kilo decision however made no mention of the fact that the kilo decision stated that pretextural takings are still

prohibited under the constitution. that is a taking where the official rational for the condemnation was merely a pretext for a plan to benefit a powerful private party of some sort. now, there is some controversy over what counts as a pretextural taking and what doesn't f anything does count as a pretextural taking it is surely a case like didden, where essentially the property would not have been condemned, but for the owner's refusal to pay a private party $800,000. surely if anything is a pretextural taking it is a case where property is condemned as part of a xaem for leverage no enable a private individual to ex-tort money from the property owner. now, in her oral testimony before this committee, judge sotomayor did say her decision was based in part on a belief that the property owner also filed their case too late. i think the important thing to remember about this statement is in her own decision, she actually specifically wrote that she would have ruled it the same

way "even if the appellant's claims were not time-board," so she claimed even regardless of when they filed their case, she would have come out the same way. moreover, i discuss in my written testimony, it is actually the case that her statute of limitations holding was entirely dependent on the substantive property rights holding as well and i can discuss that further in question, if the senators are interested. i think the bottom line about this case is its extreme nature if one is not willing to strike down a condemnation in a situation like this, if one is not following say that this suspect a public use, it is not clear that there are any limits whatsoever on the government's ability to take private property for the benefit of politically powerful individuals. and on that note, i'm happy to conclude and i thank you very >> thank you very much for your testimony. we are going to have each senator start with questions.

you have the opportunity to sit with judge sotomayor as a fellow what did you learn about her and her approach to judging that led you to endorse her? >> i think all the qualities that we've heard in this hearing as the optimal qualities, mainstream, fair mindedness, prepared, integrity, knowledge, and intellect, patience, part of being a good judge is listening and making sure that the parties are all heard, and really, her -- you know, her sense of business of getting all the facts and then applying the law, and as you said, for, i not only accept of evidence with her, but actually was with her in court as i mentioned in my opening statement. i was what we call, second sat her in a number of her first trials where iractually observed her en -- i actually observed her entire conduct of the trial, preparation, motion practice, instruction to juries, how she treated witnesses and i think of

all the things i observed over a six-month period was really, you know, how detailed she was in preparing her written opinions, so this was never a judge that had a predisposition or a prenotion or a personal agenda, but struggled and committed a lot of time and effort to getting the facts and applying the law. she's done that as a brand new judge, she's done it for 17 years an we can be assured she'll do it as a justice. >> as someone appointed by president george h.w. bush, do you have hi reservations about her -- >> no, i'm totally confident this would be an outstanding judge and whether it was president obama, someone else as you mentioned, judge sotomayor was first appoint appointed by e

bush, the first george bush, i was also. you know, i think she has all of the mainstream, moderate, restrained adherence to the law qualities that we want and i think we're going to be very proud her. >> thank you. mr. canterbury, you spent more than 25 years as an active-duty police officer in south carolina. i know what a difficult job you had from my previous job, i've been able to see it firsthand. are you confident that if confirmed, judge sotomayor has the background and judicial record to be a justice who will be mindful of the need for law enforcement to protect our nation and have a pragmatic view of law enforcement issues? >> we're very confident of that, based on the over 450 criminal cases that we reviewed. we fell that her judgment was fair, tough, and balanced throughout all of the cases that we reviewed, and looking at the totality of her career, we feel very comfortable that she'll make a fine judge. >> thank you very much.

just as i said, mr. free was the only one on. panel that served with judge sotomayor. mr. cone, you are the only one on the panel that has pitched a perfect game as far as i know. did you believe her to be fair when she ended the baseball strike? i have to tell you that i thought your testimony, people have, for four days now, talked about each specific case and questioned a lot on different cases, and were very thorough in their questioning and understanding but i thought that you so succinctly described the effect that her ruling had on many, many people across this country. and what do you think that this decision says, a little more broadly about her approach to law in general and the impact of her judicial philosophy on the lives of individual americans? >> well, thank you, senator. you know, from my perspective, as i said in my statement, a lot of people tried to end that dispute, including president clinton, we were called to the

white house, special mediators, members of congress, i spent weeks on end here in washington lobbying congress, on trying to get -- or a partial repeal, the anti-trust exemption, which did happen and senator leahy and senator hatch sponsored that bill, which may have had an impact as well, but judge sotomayor made the courageous call that put the baseball players back on the field and from my perspective as a union member, we felt we were in trouble, the game was in trouble, to the point of being almost irrepairablely damaged and she made the courageous decision to put the game back on the field and get the parties back to the negotiating table and bargain in good faith. >> thank you very much. senator sessions. >> thank you, madam chairman. it's good to be with you and we're glad you're on this committee. mr. cohen, i was reading a story about statistical stuff the other day. it came to me, that you know,

you throw a coin, it can land five times in a row on head, and so i wonder about the little bit of effort to have racial harmony on test taking, because sometimes it's just statistically so, which makes me think there's no way the american league could have won 12 of the last 13 all-star games. two or three is about all they're worth, right? no, it is -- thank you for your testimony and we've enjoyed. judge free, nice to see you. i value your testimony. always do. and i appreciate it very much. i would note and i think you would agree with me, but president bush -- former president bush, former president bush nominated judge sotomayor as senator moynihan's pick. in other words, they had a little deal, that president bush

would appoint three judges, i think, and senator moynihan would get to pick one and he nominated the recommendation of senator moynihan. is that the way you remember it? >> i think that's correct, but i also think he's supporting this nomination now. >> ok. good comment. thank you for your very insightful comments. i appreciated that very much. and it's valuable to us. dr. yost, i was thinking about this organization, legal defense fund, pearl death, do members of your organization know what lawsuits you're pursuing and generally what the issues are? >> i was asked that question

actually right after judge sotomayor was nominated and it was the day before my board came to town for one of our an you'll meetings, and -- annual meetings and as i listened to the discussion of her relationship with the fund as a board member, i have found the connection between her association with the cases, and her description to really strengthen credibility. you don't have to have read an individual case or reviewed a particular point as a board member to be intimately associated with it. the point of being a board member for all of us who have dedicated our lives to the non-profit realm is to have oversight and to have accountability and responsibility for the organization and so i think it's -- i think it's -- >> well, i think that's probably most boards should operate that way at least.

is it correct to say that judge sotomayor's opinion in maloney, which said the second amendment does not apply to the states, if it is not overruled and if it is followed by the united states supreme court, then basically, the second amendment rights are eviscerated with regard to cities and states, they could eliminate fire harms? >> that's correct, senator. the problem is the heller case did not have to deal with the incorporation issue because it took place in washington, d.c. because it's a federal enclave and federal law applies directly, but if the 2nd circuit decision or the 7t 7th circuit decision remains law, goes up to the supreme court and is affirm, then yes, cities and states can ban guns. >> did it worry you that the judge has already ruled on the case one way and it was a 5-4 case before, now could be

deciding -- being the deciding vote on how that might turn out? >> it's of great concern to me, senator and that's why i'm here today to testify and it's of particular concern to me today, because she did not give any reason, she did not explain what the basis was for her holding. it's kind of like when i was in math class, it wasn't enough to get the retapes. you had to show your worth, so the professor knew that you actually worked the problem and you didn't cheat, so you know, without any explanation of how she reached her conclusions, we can't tell whether that was a legitimate application of the constitution and the statute -- >> no no, your organization officially said today, they said they wanted to see how the hearings went and what the nominee said, after that, what has -- has the national rifle association now made an announcement today and what is it? >> well, i of course am here today, and i'm not here to speak on behalf of the nra. i'm here to speak on my own

behalf and of course on behalf of other american gun owners. the nra is the oldest and largest civil rights organization in the history of this country. they are dedicated to preserving and protecting the second amendmentment and i think they have been out every day talking about the concerns that the nra has over judge sotomayor's record. >> are you aware, i was just given a document here that said therefore the national rifle association opposes the confirmation of judge sotomayor. were you aware that that had happened? >> i was told about that while i was here, senator, yes, and so i'm sure that they have given a full explanation of that position and i'm glad to see that. >> mrs. sullivan, thank you for your testimony. thank you, mr. koppel for yours, and i frankly, i feel now obligated to look more closely at the didden case, you raise

more serious concerns and i guess i was thinking this is worse than i thought after hearing your testimony. i do think that it does impact the property rights of great importance, and thank you for sharing that. if you want a brief comment, my time is it shall. >> yes, thank you, senator. i agree with you, it raises very important concerns and these sorts of decisions affect thousands of people around the country, particularly poor and minorities, as the naacp pointed out in their amicus brief where they indicated that the poor and vulnerable and ethnic minorities tend to be targeted for these sorts of condemnations. >> thank you. >> thank you very much. senator kyle. >> thank you, madam chairman. first of all, let me acknowledge those on the panel who i know, but thank all of you for being here. luis freeh, it's great to see you again. i respect your opinions, i also

respected the way david cohen played baseball very, very much and i used to root for you very much. i didn't see that as an arizona diamondbacks fan but i had another team in the other league. >> did you? when our senator bunting's record, was his perfect game the last one when you did it? >> no, his was done back in the 1960's, but there's only 17 perfect games in the history of the game. i'm lucky enough to be one of them. >> and of course, dr. yoest and sandy is a person with whom i have consulted over many, many years, during -- long before she was the national president of the nra, but also on legal matters and i appreciate her, because of her distinguished law career, the judgment that she gives on this. i wish i could ask all of you a question, but let me just ask a couple here. first of all, sandy, the question that senator sessions asked, i think gets right to the

heart of the matter and i wonder if you could just put a little bit of a legal spin to it. the question is what would it mean to the gun owners of america, if judge sotomayor's opinion were to be the controlling law in this country from now on? she acknowledged under my questioning that it would be more difficult, i don't have her exact quotation here, but it would be more difficult for gun owners to challenge the regulations of states or cities, but it was unclear how much more. could you describe the test that would be used in such a situation, and in your opinion, how much more difficult it would be for gun owners to sustain their rights as against states and localities? >> yes, senator kyl, i heard you questioning one of the panels earlier, you raised that issue yourself, she said the rational

basis test would be sufficient to sustain any gun ban that the government wanted to impose, whether it was a city or a state, and the actual basis test is the lowest threshold that the government has to meet to sustain a ban. they can articulate any reason pretty much, and it will be sufficient to get past that view. now the supreme court in heller made it clear the rational basis test is not allowed when you're interpreting an enumerated right like the second amendment, but she ignored that in the maloney case and talked about rational basis anyway, so that is of great concern to me and i think to the almost 90 million american gun owners, that yes, it's fine to say, in heller, that we have a right that's protected against infringement by the federal government, but that doesn't mean the heller case doesn't mean that cities and states canned ban guns, can't issue whatever regulations they want, as long as they can articulate what will meet this rational basis test. it's a very, very low threshold

and as a matter of fact, that's why the district of columbia had their gun ban, that's why the city of chicago has their gun ban that prevents people from having firearms in their home, even for self-defense, so that is what we're concerned about as gun owners in america. >> thank you very much. dr. yoest, in the questioning, by senator coburn of the nominee, he asked about advances in technology, and as i recall judge sotomayor's testimony, she did not wants to acknowledge the impact of advances in technology as it relates to the supreme court's evaluation of restrictions on abortion. do you believe that advances in technology are important, to the viability trimester framework that the court articulated in roe and why? >> well, i would reference back

to the confirmation hearings of the chief justice, in which he went through one of the -- one of the elements that we look at when we reconsider factual -- how things relate to a case. and there has definitely been tremendous advances on the scientific realm as it relates to human life. so i think it's important to see her, whether or not she's willing to consider that kind of thing and it also goes to americans united for life works very focused on pro life legislation at the state level and what part of the challenge that we face is this question of how much the american people are going to be allowed to interact with their duly elected representatives at the state

level in restricting abortion in a common sense way that they'd like to see. >> thank you. just to be clear, i have recalled her testimony slightly. she actually didn't say or wouldn't say how she viewed it. she said it would depend on the case that came before her. i don't want to ms. characterize her -- mischaracterize her testimony, but your point is it would be very important for a court in evaluating a restriction imposed by a state. >> yes, sir. >> ok. thank you. again, i wish i had more time, but i at this we have one or two panels left here, so we should probably move on. >> senator, we have two panels left. >> but we thank you very much. this is an important event in our country's history. you've contributed to it and we thank you, all of you, for it. >> and thank you, mr. canterbury. appreciate your fop's. >> i wanted to thank all of you and you did a marvelous job in stating your opinions. i think it was help follow for everyone and -- helpful for everyone and thank you very

much. have a good afternoon. it was one of our shortest panels. you're lucky, you can go home and have dinner. we're going to take a five-minute break and then we will have the next panel join ups. thank you very much. [inaudible conversations]

>> now president obama's speech last night marking the 100 anniversary of the naacp. the civil rights foundation was founded in 19 who 9 and has more than half a million members today. from new york city, this is a little more than a half-hour. >> thank you. thank you.

thank you. what an extraordinary night, capping off an extraordinary week. capping off an extraordinary 100 years of the naacp. to chairman bonds, justices, i am so grateful to awful you for being here, and etc. just good to be among friends. it is an extraordinary honor to be here in the senate where the naacp was -- center where the naacp was form to mark its centennial. what we celebrate tonight is not simply the journey the naacp has traveled, but the journey that we as americans have traveled over the past 100 years.

it's a journey that takes us back to a time before most of us were born, long before the voting rights act and the civil rights act and brown versus board of education. back to an america just a generation past labor. it was a time when jim crow was a way of life, when lynchings were all too common, when race riots were shaking cities across a segregated land. it was in this america when atlanta scholar named w.e.b. dubois, a man of towering intellect and a fierce passion for justice, sparked what became

known as the niagara movement. where reformers united, not by color but by cause. where an association was born that would, as its charter says, promote equality, and eradicate prejudice among citizens of the united states. from the beginning, these founders understood how change would come. justice king and all the civil right giants did later. they understood that unjust laws needed to be overturned. that legislation needed to be pathed. and that presidents needed to be pressured in to haik action. they knew the stain of slavery and sin the segregation had to be lifted in the courtroom, in the legislature and in the

hearts and minds of americans. they also knew that here in america, change would have to come from the people. it would come from people protesting lynchers, rallying against violence, all those women who decided to walk instead of taking the bus, even though they were tired, after a long day of doing somebody else's laundry, looking after somebody else's children. it would come from men and women of every age and faith and every race an region, taking greyhounds on freedom rides, sitting down at greensboro lunch counters, registering voters in rural mississippi. knowing they would be harassed, knowing they would be beaten, knowing that some of them might

never return. because what they did we are a more perfect union. because jim crow laws were overturned, black c.e.o.'s today run fortune 500 companies. [applause] because civil rights laws were passed, black mayors and black governors, members of congress, serve in places where they might once have been able not just to vote or even take a sip of water. and because ordinary people did such ordinary -- extraordinary things, because they made the civil rights movement their own. even though there may not be a plaque or their names might not be in the history books. because of their efforts, i made a little trip to springfield, illinois, a couple of years ago

where lincoln once lived and race riots once raged and began the journey that has led me to be here tonight as the 44t 44th president of the united states of america. because of them, i stand here tonight on the shoulders of giants. and i'm here to say, thank you to those pioneers and thank you to the naacp. [applause] >> and yet even as we celebrate the remarkable achievements of the past 100 years, even as we in heart extraordinary progress

that cannot -- inherit extraordinary progress that cannot be denied of plain folk, we know too many barriers remain. we know even as our economic crisis batters americans of all races, african-americans are out of work more than just about anybody else. a gap that's widening here in new york city. there's a detailed report this week by comptroller bill thompson laid out. we know that even as spiraling health care costs crush families of all races, african-americans are more likely to suffer from a host of diseases but less likely to own health insurance than just about anybody else. we no that even as we imprison more people of all races than any nation in the world, an

african-american child is roughly five times as likely as a white child to see the inside of a prison. we know that even as the scourge of h.i.v.-aids devastates communities abroad, particularly in africa, we know that it is destroying neighborhoods here in america. these are some of the barriers of our time. they're very different from the barriers faced by earlier generations. they're very different from the ones faced when fire hoses and dogs were being turned on young marchers, when charles hamilton houston and young power lawyers were dismantling segregation case by case across the land. but what's required today, what's required to overcome

today's barriers, is the same as what was needed then. the same commitment, the same sense of urgency, the same sense of sacrifice, the same sense of community, the same willingness to do our part for ourselves an one another that has always defined america at its best and the african-american experience at its best. [applause] and so the question is, where do we direct our efforts? what steps do we take to overcome these barriers? how do we move forward in the next 100 years? and the first continuing we need to do is to make real the words of the naacp charter, and eradicate prejudice, bigotry and discrimination among citizens of the united states.

i understand there may be a temptation among some to think that discrimination is no longer a problem in 2009. and i believe that overall, there probably has never been less discrimination in america than there is today. i think we can say that. but make no mistake, the pain of discrimination is still felt in america. [applause] >> by african-american women paid less for doing the same work as colleagues of a different color and a different gender. >> by latinos made to feel unwelcome in their own country. by muslim americans viewed with suspicion, simply because they kneel down to pray to their god. by our gay brothers and sisters

still taunted, still attacked, still denied their rights. on the 45th anniversary of the civil rights act, discrimination cannot stand. not on account of color or gender, how you worship, or who you like. prejudice has no place in the united states of america. that's what the naacp stands for, that's what the naacp will continue to fight for. as long as it takes. [applause] >> but we also know that prejudice and discrimination, at least the most blatant types of prejudice and discrimination, are not even the steepest barriers to opportunity today. the most difficult barriers

include structural inequalities, that our nation's legacy of discrimination has left behind. inequalities still plaguing too many communities and too often the object of national neglect. these are barriers we are beginning to tear down. one by one. by rewarding work with an expanded tax credit. by making housing more affordable. by giving ex-offenders a second chance. [applause] >> these are barriers we're targeting through our white house office on urban affairs. through programs like promise neighborhoods that built jeffrey cannon's success with the harlem children's zone, that foster comprehensive approach to ending poverty by putting all children on a pathway to college and giving them the schooling and after-school support that they need to get there.

now, i think all of us understand that our tasks of reducing these structural inequalities has been made more difficult by the states and structure of our broader economy. an economy that the last decade has been fueled by a cycle of boom and bust. an economy where the rich got really, really rich, but ordinary folks didn't see their incomes or their wages go up. an economy built on credit cards. shady mortgage loans. an economy built not on a rock but on sand. that's why my administration is working so hard not only to create and save jobs in the short term, not only to extend unemployment insurance and help

for people who lost their health care in this crisis, not just to stem the immediate economic wreckage, but to lay a new foundation for growth and prosperity that will put opportunity within the reach of not just african-americans, but all americans. all americans. [applause] >> of every race, of every creed, from every region of the country. we want everybody to participate in the american dream. that's what the naacp is all about. now one pillar of this new foundation is health insurance for everybody. health insurance reform that cuts cost and makes quality health care coverage affordable

for all, and closes health care disparities in the process. another pillar is energy reform, freeing america from the grip of foreign oil, putting young people to work, upgrading low income homes, weatherizing them, creating jobs that can't be outsourced. another pillar is financial reform, with consumer protections to crack down on mortgage fraud and stop predatory lenders from targeting blacks and latino community all across the country. all these things will make america stronger, and more competitive. it will drive innovation, they will create jobs, they will provide families with more security. and yet, even if we do all that, the african-american community will still fall behind in the united states and the united

states will fall behind in the world, unless we do a far better job than we have been doing of educating our sons and daughters. [applause] i hope you don't mind. i want to go into a little detail here about education. in the 21st century, when so many jobs will require a bachelor's degree or more, when countries that outeducate us to the will outcompete us tomorrow, a world cast education is a prerequisite for success. there's no two days about it. there's no way to avoid it. you know what i'm talking about. there's a reason the story of the civil rights movement was written in our schools.

there's a reason thurgood marshal took up the cause of linda brown. there's a reason why the little rock nine defied a governor and a mob. it's because there is no stronger weapon against inequality and no better path to opportunity than an education that can unlock a child's god-given potential. [applause] and yet more than half a century after brown versus board, the dream of a world class education is still being deferred, all across the country. african-american students are lagging behind white classmates in read eg reading and math, an achievement gap that is growing if states that once led the way

in the civil rights movement. over half of all african-american students are dropping out of schools in some places. there are overcrowded classrooms and crumbling schools and corridors of shame in america, filled with poor children. not just black children, brown and white children as well. the state of our schools is not an african-american problem, it is an american problem, because if black and brown children cannot compete, then america cannot compete. and let me he say this. if al sharpton, mike bloomberg, and newt gingrich can agree that we need to solve the education problem, then that's something all of america can agree we can solve.

those guys came into my office. they stayed in the oval office, -- he they came into the oval office, i kept on doing a double take. but that's a sign of progress, and it is a sign of the urgency of the education problem. all of us can agree that we need to offer every child in this country, every child -- got an amen in the corner back there -- every child -- [applause] >> -- every child in this country the best education the world has to offer, from cradle through a career. that's our responsibility as leaders.

that's the responsibility of the united states of america and we, all of us in government, have to work to do our part, by not only offering more resources but also demanding more reform. because when it comes to education, we've got to get past this old paradigm, this outdated notion that somehow it's just money. or somehow, it's just reform but no money. and embrace what dr. king called the both hands philosophy. we need more money and we need more reform. when it comes to higher education, we're making college and advanced training more affordable and strengthening community colleges that are the gateway to so many with an initiative that will prepare students not only to earn a degree, but to find a job when they graduate. an initiative that will help us

meet the goal i have set of leading the world in college degrees by 2020. we used to rank number one in college graduates. now we are the middle of the pack and since we are seeing mother and more -- more hand more african-american and latino youth in our population, if we are leaving them behind, we cannot achieve our goal. and america will fall further behind and that is not a future that i accept and that is not a future that the naacp is willing to accept. [applause] we're creating a race to the top fund. that will reward states and public school districts that adopt 21st century standards and assessments. we're creating incentives for states to promote excellent teachers and replace bad ones. because the job of a teacher is too important for us to accept anything less than the best.

we also have to explore innovative approaches, such as those being pursued here in new york city. innovations like early colleges, college prepatory schools that are challenging students to complete high school and earn a free associate's degree or college credit in just four years. and we should raise the bar with it comes to early learning programs. it's not enough just to have a baby-sitter. we have need our young people stimulated and engaged and involved. we need our folks involved in child development to understand the latest science. today, some early learning programs are excellent, some are mediocre, and some are wasting what studies show are by far a child's most formative years. that's why i've issued the challenge to america's governors. if you match the success of

states like pennsylvania, and develop an effective model for early living, if you focus reform on standard and results in early learning programs, if you demonstrate how you will prepare the lowest income children to meet the highest standards of success, then you can compete for an early learning challenge grant that will help prepare all our children to enter kindergarten all ready to learn. so these are some of the laws we're passing. these are some of the policies we are enhe acting. we are busy in washington. folks if congress are getting a little tuckered out, but i'm telling -- i'm telling them, we can't rest, we've got a lot of work to do. the american people are counting on us. these are some of the ways we're doing our part in government to

overcome the inequities, the injustices, the barriers that still exist in hour country. but all these innovative programs and expanded opportunities will not in and of themselves make a difference if each of us as parents and as community leaders, fail to do our part by encouraging excellence in our children. [applause] government programs alone won't get our children to the promised land. we need a new mind set, a new set of attitudes. because one of the most durable and destructive legacies of discrimination is the way we've internalized a sense of limitation. how so many in hour community have come to expect so little. from the world and from themselves.

we've got to say to our children, yes, if you're african-american, the odds of growing up amid crime and games are higher. yes, if you live in a poor neighborhood, you will face challenges that somebody in a wealthy suburb does not have to face. but that's not a reason to get bad grades. that's not a reason to cut class. that's not a reason to give up on your education and drop out of school. no one has written your destiny for you. your destiny is in your hands. you cannot forget that. that's what we have to teach all of our children. no excuses. [applause] >> no excuses. you get that education, all those hardships will just make you stronger. better able to compete.

yes, we can. to parents, to parents, we can't tell our kids to do well in school. and then fail to support them when they get home. you can't just contract outpatienting. 4 our kids to excel, we have to accept our responsibility to help them learn. that means putting away the x box. putting our kids to bed at a reasonable hour. it means attending those parent-teacher conferences and reading to our children and helping them with their homewo homework, and by the way, it means we need to be there for

our neighbors a sons and daughters. we need to go back to the day when parents saw somebody -- saw some kid fooling around and it wasn't your child, but they'll whip you anyway. or at least they'll tell your parents. the parents will, you know. that's the meaning of community. that's how we can reclaim the strength and the determination and the hopefulness that helped us come so far, helped us make a way out of no way. it also means pushing our children to set their sights a little bit higher.

they might think they've got a pretty good jump shot hora pretty good flow, but our kids can't all aspire tubule brow --e lebron or lil' wayne. i want them to aspire to teachers, and scientists, i want them aspiring to be a supreme court justice, i want them aspiring to be the president of the united states of america. [cheers and applause] >> iowan their horizons -- i want their horizons to be limitless. don't tell them they can't do something. don't feed our children with a

sense that somehow, because of their race, that they cannot achieve. yes, government must be a force for opportunity. yes, government must be a force for equality. but ultimately, if we are to be true to our past, then we also have to seize our own future. each and every day. that's what the naacp is all about. the naacp was not founded in search of a handout. the naacp was not founded in search of favors. the naacp was founded on a firm notion of justice. to cash the promissory note of america that says awful our children, all god's children deserve a fair chance in the race of life. it's a simple dream.

and one that all too often hash denied and -- has been denied and is still being denied to so many americans. it's a painful thing, seeing that dream denied. i remember visiting a chicago school, in a rough neighborhood, when i was community organizer. and some of the children gathered around me, and i remember thinking, how remarkable it was that all of these children seemed so full of hope, despite being born into poverty, despite being delivered in some cases into addiction, despite all the obstacles they were already facing, you could see that spark in their eyes. they were the equal of children anywhere. and i remember the principal of the school telling me that soon that sparkle would begin to dim. that things would begin to change. that soon, the laughter in their eyes would begin to fade, that

soon, something would shut off inside. as it sunk in, that kids are smarter than we give them credit for, past it sunk in, that their hopes would not come to pass. not because they weren't smart enough, not because they weren't talented enough. not because of anything about them inherently, but because, by accident of birth, they had not received a fair chance in life. i know what can happen to a kyle who doesn't have that chance. but i also know what can happen to a child that does. i was raised by a single mom. i didn't come from a lot of wealth. i got into my share of trouble as a child. my life could have easily taken a turn for the worse. when i drive through harlem or i drive through the south side of chicago and i see young men on the corners, i say there but the grace of god go i.

they're no less gifted than me, they're no less talented than me. but i had some breaks. that mother of mine, she gave me love, she pushed me, she cared about my education, she took no lip, she taught me right from wrong. because of her, i had a chance to make the most of my abilities. i had the chance to make the most of my opportunities. i have had the chance to make the most of life. the same story holds true for michelle. the same story holds true for so many of you. and i want all the other barack obamas out there, all the other michelle obama's out there, to have the same chance, the chance that my mother gave me, that my education gave me, that the united states of america has given me. that's how our union will be perfected and our economy rebuilt. that is how america will move forward in the next 100 years.

and we will move forward. this i know. for i know how far we have come. some you saw last week. michelle and i took melia and sascha and my mother-in-law to cape coast, this is where captains were once imprisoned before being augusted, where so much of the african-american experience began. we went down into the dungeons where the captains were held. there was a church above one of the dungeons. about saying one thing and doing another.

we walked through the door of no return. i was reminded of all the pain and all the happenedships, all the injustices and finance dignity on -- and indignities on the voyage from slavery to freedom, but i was reminded of something else. i was reminded that no matter how bitter the ride, how stoney the road, we have always persevered. we have not faltered, nor have we grown weary. as americans, we have demanded and strived for and shaped a better destiny hand that is what we are called on to do once more. naacp, it will not be easy, it will take time. doubts may haifa rise and hopes may re -- may arise and hopes may resees, but in john lewis could raise billy clubs across the bridge, then i know young

people today can do their part to lift up the community. if emmitt till's uncle is right, to have the courage to testify against the man who killed his nephew, i know we can be better brothers and fathers and mothers and sisters in our own family. if three civil rights workers in mississippi, black, white, christian and jew, city born and country bred, could lay down their lives and freedom's cause, i know we can come together to face down the challenges of our own time. we can fix our schools, we can heal our sick, we can rescue our youth from violence and despair an 100 years from now, on the 200th anniversary of the naacp, let it be said that this generation did its part, that we too ran the race, that full of faith, that hour past has taught us, full of the hope that the present has brought us, we face in our lives and all across this

nation, the rising sun of the new day begun. thank you, god bless you. god bless the united states of america. [cheers and applause] :

>> imposing 544 billion no taxes over the next decade on families making more than $350,000 a year to pay for health care, health care for. congress now reporting on that ways and that ways and means meeting. democrats early this morning approved health care overhaul legislation completing a 16 hour markup, during which they fended off republican attempts to scale back the bill's tax provisions and coverage requirements. on this morning hearing, the

energy and commerce committee, they came in yesterday, largely yesterdays the session devoted to opening statements with chairman henry waxman said i hope we can finish by wednesday night. he was talking about next wednesday, july the 22nd. energy and commerce congressional quarterly has jurisdiction almost every part of this giant bill include sections on medicare, medicaid, public health and insurance coverage. live coverage here on c-span2. [inaudible conversations] [inaudible conversations]

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[inaudible conversations] >> the chairman of the house energy and commerce committee, henry waxman, is in the room as is the ranking republican, joe barton of texas for the start of the debate today on health care legislation, a markup session, one of three houses marking up the bill. it is possible the committee will come in and take a short recess because of an expected vote on the house. it came in about an hour ago or so. we are waiting for them started

out as markup session this morning and we could see a short recess. we will just have to wait and see. the ways and means committee met yesterday, finished up their work early this morning passing a tax provision on the bill $544 billion in taxes over the next decade to pay for health care legislation. live coverage here on c-span2. house energy and commerce committee. [inaudible conversations] [inaudible conversations]

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will come to order. we have pending an amendment in the nature of a sub, the admin and the first amendment will come from the republican side. [inaudible conversations]

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[inaudible conversations] >> mr. chairman, republicans are locked, cock and ready to rock and we think our first minute should be doctor burgess of flower mound, texas. mr. burgess, do you have an amendment at the desk? >> i have an amendment at the desk. >> has the amendment been available for the minimum two hours? >> that commitment has been ready for three weeks. >> mr. chairman, could i reserve a point of order? >> the clerk will report the burgess amendment. >> burgess 40. >> division d. medical justice.

>> without objection the amendment will be considered as red. are mister blown, the gentleman from new jersey reserves a point of order. the clerk will distribute the amendment, and i will recognize mr. burgess to speak on his amendment. >> i thank you, mr. chairman. you know, today so many doctors across our country are forced to practice what's known as a defensive medicine. they face a constant threat of lawsuits and unsustainable medical liability insurance rates here that result in millions of dollars of unnecessary tests and procedures. seasoned medical professionals are retiring early because staying in practice is no longer financial feasible. further contributing to our nation's doctor shortage. this is a growing crisis. it's pushing affordable health care beyond the grasp of millions of americans. my admin is fairly straightforward. a national across the board change just like medical justice

system that we have in taxes with a lower cost and improve care by lessening the threat of overactive trial attorneys and unmerited lawsuits that they often bring about. in texas we passed successful legislation which is controlled the explosion of medical liability suits and brought things back to earth. it caps noneconomic damages at 250,000 damages for the doctor, 250,000 for the hospital, $250,000 for a second hospital or nursing home if one is involved for a total aggregate cap of $750,000. there's a cap on wrongful death awards at $1.4 million. expert opinions related to physicians may only be provided by actively practicing physicians. and i cannot over emphasize how important this point is. it virtually every meeting, town meeting which i have with doctors, and i have done many across this country this past year, one of the main complaints is that the plaintiff's side can

produce a hired gun from outside of the community who perhaps is no longer even in active practice or the type of practice where the question of a lawsuit has been given. and will offer testimony in support of the plaintiff, always for cash. payment of future damages should be on a periodic or a cruel basis. and limitations on liability for good samaritans providing emergency health care prick i will never forget shortly after hurricane katrina, many people fled to the louisiana, mississippi gulf coast and came to the metroplex. we had retired doctors who either couldn't come down to the various centers that were set up. they either couldn't come down and help for fear they would expose themselves to liability, or if they did it anyway and themselves in significant financial peril. all to help their fellow man at a time of a national, of a national medical crisis.

lawsuit reform in texas has created a magnet for doctors to come to our state. it has provided the funding mechanism to approve access to care and enhance patient safety through significant liability savings. in 2003, with texas passing the medical liability reform, the results have been better than expected. recent results posted by the texas medical association show that charity care by texas hospitals rose 24% in the three years following these reforms. texas has licensed nearly 15000 new positions in the five years since reform, and 36% increase from the reform days. 33 rural counties have seen a net gain in their emergency room doctors, including 26, 26 counties at reducing had no emergency room doctor now have an er doctor because of this reform. after years of decline, the rights of medical specials are growing again in texas. what's important to me in my

field of obstetrics, we saw a net loss of 14 obstetricians in the two years preceding reforms since then we have expensing it came under a gain of almost obstetricians are 26 rural counties have added an obstetrician, including 10 counties that have previously had none. now, a vote against this amend it will indeed fulfill the commitment to the american trial lawyers association, that perhaps is contributed to some of our campaigns over the years. so instead of making it easier for doctors to practice medicine we will vote against this amendment and make it easier for attorneys to file lawsuits. a vote for this amendment will tell american doctors that we are committed to putting in place reforms that will allow them to do their job, free of that government or special interest intervention to a vote for this will tell america's patients access to high quality affordable health care is not just a campaign slogan, it is in fact our goal. i yield back the bounds of my time. >> the gentleman yield back the

balance of his time. who seek recognition? mr. pallone. >> thank you, mr. chairman. i'm going to insist on my point of order without reference to how i personally feel about the amendment. the amendment contained provisions obviously on malpractice such as caps on damages and a jury instructions. and these are not sufficiently tied to health care policy. in other words, they fall outside of our jurisdiction and basically within the scope of the judiciary committee. and therefore outside the scope of the bill's referral under rule 10. i know the gentleman feels very strongly about this and this is certainly something that has been debated in the media and with the press. but it doesn't fall within this committee's jurisdiction, and therefore i insist on the point of order. >> the gentleman asserts his point of order. >> mr. chairman? >> mr. barton. point of order.

>> i want to oppose mr. pallone's interpretation on the point of order, and you can correct me, mr. chairman, if i'm wrong but i believe this committee and past congresses has passed liability reform measures at the full committee level, that included certainly the subject issues. and doctor burgesses amendment, and in some cases some of the specifics. so i don't know why it was an order in past congresses it wouldn't be in order in this congress. there are certainly things in the bill within the jurisdiction of the committee, and there are things in the managers substitute that are poorly in the jurisdiction of the ways and means committee and they are in the mm and the nature of the substitute that we are considering. so i would respectfully urge you

to rule against the point of order, and you may vote against his amendment but at least allow it to be voted on. >> further discussion of the point of order. >> i will yield. if i have time. >> if i could, just bring up under rule 10. this committee has jurisdiction over legislation of all insurance companies. and certainly, certainly we have regulation of interstate commerce is within our jurisdiction. i don't think anyone would want me to argue that it's not. to other committees in the past 24 hours have made similar legislation to this within their jurisdiction when clearly it falls more in the jurisdiction of this committee and an educational workforce and ways and means. so i would just make the point that this, this is germane to our committee. this is within our committee's jurisdiction. is an extremely important point. if you feel you have to vote

against him in it, then that's your conscious, but i think striking this down on technicality really, it will limit the future ability to discuss things in this committee and even more to the point i think it sends a wrong message to the people that we are trying to help with this legislation, which is america's doctors and america's patients. i yield back. >> mr. chairman? >> who well seeks recognition? mr. stearns. >> mr. chairman, i want to follow-up on ranking member martens points, that indeed i as a member here voted on the liability reform on this committee, i guess a question for you, mr. chairman, is that true that we have voted on liability reform on this full committee? isn't that true? >> i do recall at. >> so if mr. barr point is true and you've infirmed it, we voted on it, then why would that we vote on it again? what's the point, mr. pallone's comment i don't think is

germane, on the germane is. >> who else seeks recognition on the point of order? >> mr. chairman, i would encourage you this is a moment in time for us to address the issue. the president has embraced the cause of the american people to say he seeks to lower quality -- excuse me, to lower cost and increase quality. that is his cause. to lead the reform out of that denominator is a huge error on our part. so i would encourage you, mr. chairman, that this committee has had jurisdiction on this issue. if other committees want to work with you once we pass this out, i think that's very, it's very pertinent that indiana has -- it has the oldest system on medical liability in the country. and we, the state legislature back in 1975, we cap medical malpractice. that cap has been raised twice, but is a system that works. the state contiguous to indiana

had very high medical malpractice premiums, and their doctors are struggling. and this is a moment in time in our country that if we are going to address this on a national basis, mr. chairman, i think it is a very appropriate that we allow the gentleman's amendment to be heard and for there to be thorough discussion. and i would urge the chairman to make this amendment in order. i yield back. >> the chair is ready to roll, but the gentleman from georgia wishes to speak. i would like you to speak on the point of order. >> on the port of order. mr. chairman, and since i don't know what you are about to rule, i feel compelled to add my $0.02 in this also. you know, it's estimated on the low end that liability reform, fair liability reform could save the health care system $70 billion a year. and when you have, we had a director of the cbo and you are saying that this bill will not be in the growth curve of all

the expensive health care in the right direction and testified before the senate budget committee and senator conrad says the same thing. i would think our committee would be looking for every possible way to read into that growth curve. and this would certainly go a long way toward that. i yield back and i encourage this amendment. >> thank you very much. the chair is ready to rule. we have inquired of the parliamentarian, and notwithstanding the merits for or against this amendment, we have to follow the rules. we asked the parliamentarian whether this amendment would be germane to the pending matter. and the parliamentarian has told us that because the amendment, legislates in the area that is solely within the jurisdiction of the g. chari committee when it refers to jury instruction, or defined negligence or deals with the question of damages,

that the amendment offered by the gentleman from texas is not germane to the bill. now, perhaps the amendment can be rewritten in a way it would be germane to the bill, but this amendment that has been offered is not germane. and therefore the chair has to rule under the rules that it is not in order. we now proceed for further amendments. mr. pallone, do you have -- mr. pallone, do you have an amendment, i want to ask you, is it an amendment to division see, and was the amendment submitted with two hours of the time for committee reveal, and are there copies for distribution? >> just. >> let's have the amendment distributed and the clerk, clerk will report the eminent. >> amendment to the eminent in the nature of the a substitute to h.r. 3200 offered by mr. pallone in new jersey on page

nine, 968 beginning at line 19 strike quote or other population or subpopulation. >> without objection, the amendment. >> point of order. >> just reserve a point of order, that's all. >> the gentleman from texas reserves a point of order. without objection the amendment will be considered as red and the chair recognizes mr. blown for five minutes. >> thank you, mr. chairman. i'm referencing this beyond this amendment to the public health title. omnibus, not on the bus. i think ominous is a better term. no, i think actually you will like this for the most part. this amendment reflects the hard work of many members on this committee, and i would like to thank you all for your dedication to these very important issues. first, the eminent includes a class act, a bill that i originally introduced with my colleague, chairman emeritus dingle. these provisions establish a national voluntary insurance program that will among other

things allow individuals with functional limitations to maintain their personal and financial independence and it will alleviate burdens on family caregivers. members have asked us to include provisions on long term care in the bill, and i believe that these provisions will get at the heart of some of the challenges that we face in the long term care sector. next, referencing health centers, liability coverage. we have included language that mr. green and mr. murphy has been working on to extend federal tort claims act coverage to medically licensed volunteers who practice at federally funded health centers. this is something that we talked about at some of the hearings. community health centers are vitally important in providing care in underserved areas. positions, however, are often dissuaded from boller during their services at these health centers due to the cost of medical liability insurance. by extending the ftca coverage to volunteer physicians practicing at federally qualified health centers, we can

increase the number of physicians serving in underserved communities. next provision in the omnibus refers to nurse managed health centers. to further increase access to health care in underserved communities, we have included light was proposed by ms. caps that would establish a nurse managed health center prepared by the health resources and services administration. similar to community health centers, this program would provide grants to entities to plan, develop and operate a nurse managed health centers in communities where there is a lack of access to medical care. next, we addressed federally qualified behavioral health centers. in the omnibus, we have included a new definition of federally qualified behavioral health centers put forth by ms. matsui and mr. angle that will allow the centers to provide a basic set of mental and behavioral health services to underserved communities and will help ensure adequate capacity to serve patients with mental health needs.

next is the reauthorization of fellow health and telemedicine. the omnibus include language spearheaded by mr. butterfield and miss states to reauthorize the tele- health network and tele- health resource center grant programs. these programs are aimed at reaching underserved and remote areas by establishing linkages between hospitals providers and patients in rural areas. next is with regard to trauma care. we included this caster, mr. towns and mr. rush is like which to provide grants to trauma centers that will prevent downgrade by assisting the centers with uncompensated care costs, core mission services, emergency needs and information technology. we have also included some language in mr. rush recommended to aviaries were trauma centers have already closed. next with regard to emergency care. the omnibus include the provision recommended by mr. gordon to authorize the emergency care coordination center at h. h. s.

the center will strengthen our efforts to promote federal state tribal, local and private sector collaboration and support to enhance our nation system of emergency medical care delivery. we have also included language authored by chairman waxman to create a demonstration program to strengthen er capacity. and then we have dental emergency responder provisions. there are provisions in this amendment that mr. stupak has been working on to strengthen our emergency response system to including dentist in the federal definitions of public health worker and emergency response provider. though dems have gone through training in emergency care, they are rarely integrated into an emergency response plan, and this language will help remedy that situation. next is with regard to thank your. we have included provisions from ms. caps bill on pain care research and awareness. pain is the most common reason americans access to health care system and is the leading cause for disability. it's also a major contributor to health care costs. the provisions in the semantic

would address this public health problem by advancing research into the causes and treatment of pain and expanding outreach and education of health professionals. next with regard to postpartum depression. we have included language championed by mr. rush to encourage continued research and educational activities on postpartum conditions. postpartum depression occurs after 10 to 15% of all deliveries, and the majority of patients suffer from this illness for more than six months. in its most severe form most part of psychosis women ashlee suffer from hallucinations and delusions that can put them and their babies at risk. next is no child left unimmunized against influenza. the omnibus include language spearheaded by mr. green and mr. murphy. >> does a gem in which an additional minute? your time has expired. >> it's almost done you might later. >> without objection the gentleman will be given an additional minute. >> that will create a multistate demonstration program designed

to test the feasibility of using the nation's elementary and secondary school as seasonal and vaccinations have. children are a particular high risk of top conditions of flu and influenza is the leading cause of vaccine preventable death among children in the u.s. having immunization clinics and schools would help rate among children thus protecting them from this disease. to more. menu labeling. we have included language that matheson has been working on that will require restaurants to label the total calories other items for direct on menus menu boards and to provide more detailed nutritional information to customers upon request. now we know why mr. mathis and mr. delora are so thin. this will help consumers make more informed decisions on what they are eating and help produce obesity rate in the united states. and finally, wise women. the omnibus include mr. caps like which to reauthorize the wise women. a community intervention program funded by the cdc, yes, wise

women. helps prevent heart disease and stroke by providing screenings and counseling for low income women just two days ago secretary heralded this program as a great example of the community-based prevention programs that wise women programmed has proved to be cost effective and continuous good work. and finally this omnibus included few minor correction to any minute of the substitute, mr. chairman. thank you. >> the gentleman's time has expired. mr. barton? >> mr. chairman, i am not a speed reader but i can read. and i have tried to scan every page of this 70 some odd page a minute, 75 page. there are some good things in your. there are also some things that in and of themselves would be entire bills. the very first one, this section 3201, the community living, that

appears to be a brand-new long term health care program. it's not paid for. one of the provisions here on food labeling in restaurants appears to be a national preemption of state labeling laws for restaurants. appears. i have to say. i'm not just saying that it is. given the fact the majority has had all year to put their bill together, and right out of the box of the first amendment is a 75 page omnibus, i'm going to oppose it, reserving the right later in the markup if we defeatist some of the things put back in on a case-by-case basis. >> with the gentleman yield? >> sure. >> i just want to point out with regard to the class you mention

as to pay for. it says that the statute, or that class act would not go into effect until a voluntary payroll deduction under the irs code is authorized. so it's totally paid for with a voluntary payroll deduction and the secretary would have to put forward otherwise we wouldn't put it into effect. it's a voluntary program paid for that way. >> i thank the german. i didn't see that. i didn't read the amended word for word. >> if the gentleman will yield to me. we did make this amendment available to your staff last night. i understand your concern. this is a piece of legislation that's moving forward, and some of these things, i believe, have been noncontroversial and people have wanted to do it for sometime. >> i won't disagree there are some things in here that aren't. >> we have a vote pending on the

house floor. so let's break for the votes and come back immediately afterwards, and we will talk further. if members desire, proceed to further consideration of this penny a minute. so we stand in recess until the last vote of the series that spending on the house floor. [inaudible conversations] [inaudible conversations]

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>> house energy and commerce committee in recess now. there's a series of votes on the house floor so they will break for those and then resume deliberations on health care legislation. last night the ways and means committee approved the bill voting to approve tax provisions in that bill as well which would add 544 billion in taxes over the next decade. today, second house committee has approved health care legislation you're a vote according to the associated press in the house education in a house education and labor committee was 26-22, and they write the democrats are hoping to push the entire measure through the full house for a vote by the end of the month your energy and commerce committee meeting, again they are breaking for both on the house floor. while they are in recess we will bring you a look at items in the news and some fewer phone calls from today's washington journal.

>> obama gives a fire address and naacp 100th anniversary celebration. he was one part politician and one part black creature as he spoke in lilting cadence is. is void under invoice quieting at time cadences, in unusually personally -- personal terms. at one point, when his audience shot back at him, repeating his words, he threw back his head and said i >> sought to transcend race and has only reluctantly embraced his unique place in history to six months into his presidency, mr. obama has a more comfortable embracing his identity as the first black american president overseas and at home, as was the case during his trip to ghana last week when he declared, i have the blood of africa within a. the white house was low keyed in preparation for the naacp event. when reporters try to cast the speech as mr. obama's first to the black community, the press secretary, robert gibbs, said i

think the first speech to black america and the first speech to white america, the first speech to america was the inaugural address. that's how "the new york times" is playing it this morning. and this is the headline this morning in the new york post. too many barriers. discrimination remains problems is how they show it. here is the new york daily news. bands thank you to the naacp. his story made possible by pioneers. we want to get your reaction to that so go ahead and start dialing in or send us a tweet, a couple of other news articles before we get to your calls. last night, or early this morning the house ways and means committee passed legislation to revamp health care on the wealthy to help pay for the plan. this is from 10126 eastern time that nancy pelosi and the committee chairs introduced earlier.

three democrats joined all committee republicans in voting against the bill. over the next decade, the bill would impose $544 billion in new taxes on families making more than $350,000. >> that's from the associated press. this is in "the new york times," just to close the loop on the soda mayor harris. in closing, so to mayor offers concessions clearing way for votes. senior republican staff aides said in interviews they expected at least one and perhaps as many as three of the panels . the aides said they expected senator lindsey graham of south carolina, whose questioning

veered between full support and wariness to vote to approve the nomination. they said he can be joined by senators hatch, grassley, john corning, or tom coburn. hatch and grassley have generally supported democratic judicial nominees in the past and senator cohen said he was mighty impressed. in 2005, john roberts received three votes from among the eight democrats on the committee. that is an "the new york times." this is an "the washington examiner." house dmes muzzle gop on sensitive issues. -- housedems. to protect their members from politically hazardous boats, democrats running the house of representatives have taken extraordinary steps to muzzle republicans inside krajina in this summer's debate on spending bills. on thursday, for example, republicans hoped to force a

debate on abortion, school vouchers and medical marijuana as well as gay marriage and then control as part of house consideration of the federal government's contribution to the district of columbia's city budget. no way, democrats said that -- said it. at issue are 12 bills totaling more than 12 -- $1.20 trillion in annual appropriation bills for funding most of government programs, usually low-profile legislation that typically dominate the work of the house in june and july. for decades, those bills have come to the floor under an open process that allows any member to try to amend them. it was a right democrats zealously defended when they were in the minority. house appropriations committee chair david obey insist the clampdown is to prevent debate from dragging but republicans, however, agreed to limit the time is debating the bills. that is a "the washington general -- "the watts engined examiner." here is a little bit more >> there's a reason the story of

the civil rights movement was written in our schools. there's a reason thurgood marshall took up the cause of linda brown. there's a reason why the little rock man defied the governor and a mob. is because there is no stronger weapon against inequality and no better pass of opportunity than an education that can unlock a child's child god-given protection. [applause] >> and yet more than half a century after brown versus board, the dream of a world class education is still being deferred all across the country. asking american students are lagging behind white classmate in reading and math. and achievement gap that is

growing in states that once led the way in the civil rights movement. over half of all african-american students are dropping out of school in some places. there are overcrowded classrooms and crumbling schools and corridors of shame in america. filled with poor children. not just black children. brown and white children. as well. the state of our schools is not an african-american problem. is an american problem. [applause] >> because it black and brown children cannot compete, then america cannot compete. >> concorde, northglenn. you are a first. what did you think of the speech? are you with us? >> caller: i heard president obama made similar speeches, and as an educator, this, it's the strongest message that america needs. what he is saying to parents, i

think, is foremost. we have books and research done that has been criticizing schools and teachers over the past 20 years or so. and not much has been said about the responsibility of parents. if we look at other cultures, children and adults become from india and china and some of these other countries that we are really competing with, and you talk to those now adults, professional adults, about how education was treated in their homes and in their societies, their parents emphasize over and over and over again exactly the message that president obama is emphasizing. that education is the most important thing for a strong future. and harping on this, and pairs of being willing to literally use that money to send their

children to america for a high quality education because they realize the importance of that for their children and for their families future. for generations to come. >> host: what you teach? >> caller: i'm at a university and teach, teacher education for special education. my mother was an educator for 40 years. i., you know, live and work around teachers of all kinds, and worry about the dropout rate in our schools. somehow, parents have to work harder at drilling into our children how important this is. you know, we're going through a situation in education today where maybe we don't have the best and brightest in every classroom in america. we do have some wonderful, excellent teachers. but you're never going to go

through 12 years of school with every teacher along the way being the best. >> host: all right. robert, milwaukee. good morning. you are on the washington journal. what did you think of the president's speech last night? >> caller: well, basically i think it was a very good speech, but there are a few things that i would like to specify. and i think that what i would like to have heard him say is that some of the young black men who are running around these towns with their pants hanging down, standing around smoking blunts and not trying to achieve anything, that they are going to have to choose a different path. that's the main reason for the dropouts. they are making babies and they are not taking responsibility for that.

and i would like to see some of them join the military, just like i did in the '60s. i'm a vietnam veteran, and they can get some sort of guidance. and get out of jail. that's basically what i have to say. >> host: veronika. pomona, california. the president's speech. >> caller: yes, i did. i thought it was extremely encouraging. and i really enjoyed it, and i thought it goes across all ethnic. not only black children, or native american children or poor white children, hispanic children. i thought it was exactly encouraging. i also like mostly the part about the community and the parents. i know when i was growing up it actually happened to me, and i really, really do think that all parents need to watch our children. yeah, i thought i was getting away being a smart girl growing up, causing industry and everything. the mixing i know by the time i got home my mother knew i

everything i had said. it was very encouraging. also, the past week or the past month all of our children have been going watching white people behaving very badly on the street, even against our president right now. the things that are being said. the gangs, the rules of the gangs have been changed. even though you get that great education, as i still made it to get a good education. somehow they are going to change the rule. so children, whatever color you are, get that education. >> host: and by the way if you would like to watch the president's whole speech, about 37 minutes in length you can go to c-span.org and you can see it. it's just below those three pictures you see on your screen. if you go below it gets shows what we have covered and you will see the president's speech and you can watch the whole thing they're on line. in fact, you can watch anything that we have covered on c-span on line at c-span.org. poll paul and durum north carolina, independent line. what did you think of the president's speech?

>> caller: yeah, thanks for taking my call. and ironically i lost on my blog, no warning shots fired.com. but yeah, i think that i enjoyed the speech. but i think that what president obama does and i think it's called the attention of many, asking american communities is that he comes off a little bit conservative when he talks the four african-american audience as opposed to a bleeding heart liberal. you know, in front of white audiences. you know, i agree that, i mean, i think it was good he talked about, he talked about discrimination and racism and prejudices, but racism in this country is really economic. personally i could care less what rush limbaugh or hannity and the rest of them, i could care less if they like me or not. so you have to talk about economic conditions, which produced the lack of education of black children in this country. you know, i have to say this as

well. we talk about the educational system in the country, we're talking about four african-american children is really an educational system. and people like president obama who have risen, you know, to greatness, have done it not because of the educational system in this country but in spite of the educational system in this country. and, you know, a good book for president obama to read would be education and the girl that was written by carter g. would. doctor carter g. was back in the 1930s is still relevant today. >> host: poll, what your blog again? >> caller: no warning shots fired.com. you can say full-time because i update it everyday so that's my passion. you know, i tried to deal with hip-hop. hip-hop, spin and try to counter to the right wing, put out. >> host: what do you do for a living? >> caller: i'm a minister. >> host: what's the name of your church?

commack african nation ministry. what it is it's kind of like a lot of people get upset about black liberal, doctor jeremiah wright. we also teach black liberation theology that we make it more relevant to the hip-hop generation. >> host: thank you for calling in this pointer from the politico, an exclusive story. sell endorsement for $2 million. the american conservative union asked that export a two million- dollar check and return for the group's endorsement in a bitter legislative dispute, then flipped and sided with ups after fedex refuse to pay. in return for the $2 million, acu offered a range of services that included -- producing out ads and articles written by the chairman david keene and/or other members of a acu board of directors. the conservative groups

remarkable demand -- black-and- white probe of the longtime washington practice known as pay for play -- which contains the in a private letter to fed ex that was provided to politico. you could go to politico.com if you woul >> this is from reuters this morning. is about the h. one and one virus. the world health organization said on thursday that the flu pandemic was the fastest moving pandemic ever and that it was now pointless to count every case. the un agency which declared an influenza pandemic on june 11 revise its requirements so that national health authorities need only report clusters swine flu could kill 65,000 in uk, warns of the health chief. and the front page out of toronto, canada will have enough flu vaccine to share, is what they say. back to your calls.

post back a republican from silver spring, maryland, here in the suburbs of washington. what did you think of the president's speech last night? at these? okay. we will put that call on hold. got to turn down the volume otherwise you get the delay and we're going to move up to upper marlboro maryland. william. please go ahead. >> caller: yes. i heard the speech. it was a good speech. it was, it was conservative. however, as it relates to the recent ruling in the supreme court by judge robert, concerning the firemen, i believe that it's relevant because i believe that roberts decision was wrong. and the reason why i believe that it was wrong is because

they are not looking at the spirit of the amendments. they are only looking at the letter of the amendments. and the 13th, the 14th amendment, and the voting rights and equal opportunity clauses in the constitution had a spirit to them. it's to make up for the past inhuman treatment of black people. therefore, if it's not going to be even, you can't have two elements occupying the same space at the same time. >> host: all right. robert mcinnes tweets in. if obama is for education why stop the clearly successful dc school choice program.

he is sending his poor children into the abyss. next call comes from every pennsylvania. duane on our independent line. >> caller: thanks for having me. i think obama's speech was very good. i think the part about education is definitely on us. we need to do something about a 50% dropout rate. however, i think the rest of america needs to know that there's institutionalized racism in this country. you cannot have statistics such as white high school dropouts having a lower unemployment rate than black high school graduates. people with similar resumes, when a white person has a criminal background on that resume and the black person doesn't and they get a higher callback rate to the black person. campana, a 13% of this society with a 41% people on death row. i mean, the facts and figures

are there. america needs to realize that. but i do think overall the president's speech was very good. >> host: and benjamin, the head of the naacp said yesterday in "the new york times" that they had one black man in the white house and 1 million black men in prison. this is from the hill newspaper. dnc wasting its money on ads. reid. senate majority leader slammed the democratic national committee on thursday running ads to pressure centrist democrats for the health-care plan calling it "a waste of money." his comments sent the staff in damage control mode but also reflect a growing frustration among centrists who have been reluctant to back a government- run self -- health insurance plan. liberals have been urging centrists to support it from of using various television and

radio campaigns. this week a wing of dnc said it will run ads in states represented by centrist senators. he slammed the of dnc for starting democrats as the republicans or special-interest groups. new york. >> host: from auburn new york is a dale. what did you think of the president's speech last night? , very good. i have been listening to some minority's calling up, and all i can think is the doubletalk. i mean, they can't hardly articulate themselves. the thing to do, if i were them, is go to school and forget about all the racism. and i mean, some of it egregious racism. you can't overlook, but some of that stuff they are talking about is just baloney.

go to school. thanks a lot, pete. >> host: this is on the new york daily news. and on your screen there is a picture of major jennifer ring, and she is sitting in the captain's spot in air force one. all female staff on chopper is a first. this is the first time that all female staff flew ring one, flew the president honoring one. major grease was appointed a marine one captain during president bush's tenure. she flew president bush. she flew president obama and now for the first time and all female staff flew marine one, first time in history. fayetteville, arkansas. dark, democrat. hired. [inaudible] how are you? >> host: good. >> caller: i'm hosting i'm calling because i was pushed to school. they didn't know how to handle me. i had adhd, and i was just

pushed through school up till fifth grade. and icy it happened -- i see it happening to my daughter. and she wants to quit school at 17. >> host: how does that fit into the speech last night? >> caller: i just feel that children should be in school till they are 18, or the graduate. . . john -- milwaukee, john, independent. caller: i particularly wanted to address robert and your caller from a minute ago. an education is generally thought of as a way to get a job. it should be much more than that. and educations -- and education to keep you learning the rest of your life, then you go to the next level, and the next level,

and the next level. in robert's case, he wanted to blame young black men wearing pants off their hips as the cause of this, and that is so ridiculous. it is not even close to the truth. the problem with black children in milwaukee problem with black children in milwaukee against many institutes is the worst city in the country for children to grow what with is they have no value any more. because the factory jobs, the agricultural jobs have gone away. we were sold out to china, for one, at great benefit to the cellar, which was congress, and if we ever restore ourselves to the agriculture or to the industrial leaders of the world, the technology leaders of the world we can employ everybody. and this is the answer. but i don't want to hear anybody

tell me to blame the victims. thank you. >> host: this is from the "the washington times." annapolis, tom, republican. >> caller: peter, how are you this morning? i think that obama is concentrating on the wrong thing. he's blaming ray sansom for the

problems of the black community. i think it is the black community themselves. they are not working to try to get their own ship in order, their own house in order. you've got the conduct, they are murdered each other and drugs are all over the place. until a week up and stop having children when they are 14 what the hell did they expect their lives to be? i'm of irish descent. we were discriminated against and overcame a lot. you just have to get on with your future and stop whining about what happened to hundred years ago, my god. bye-bye. >> host: from "the wall street journal."

charter schools again, this is in "the wall street journal" this morning. next call comes from florida, a democrat. >> caller: how are you doing? yes, the reason i'm calling is because i think the speech was great last night with the naacp and the president was talking to all the world, about the white and black and brown. and what he really said, for me, a lot of us -- ethnicity. especially you have occasion, and you have cubin, you have mexican, and you have people come from all over the world. most of the people when they

come here -- and some of them do the right thing. some of them follow the rules, go to school and get education. and some take it for granted. for example, i was in china two weeks ago, a month ago, and i see how people go to school -- [inaudible] before they come out of school they've got their own professional. they become professional. they do all kind of work. the work in the government -- they do something. they have something to do when they get out. that's what the united states should do, to train the kids -- they can train the kids while they are in high school [inaudible] especially the charter schools and the community center --

[inaudible] and i think that at the same time congratulations to dr. jensen. what he tried to do is work with all the charter schools and everybody in the community -- the kids who drop out of school and those who cannot pass, they have a test so that they can go to school. in the same way they try to -- they don't want to leave anything blank. that is the reason that -- that is the reason the president was talking about it. he doesn't want to see the african-american and white americans to go outside and do drugs. some other people interpreted that the wrong way. >> host: all right. let's leave it there. thank you for calling. tweaked comes in.

here on your screen is a picture of werries speech, you might remember him from being a spokesman from president ronald reagan and he is now suffering from alzheimer's disease. 69-years-old and there is a court fight the wing on in mississippi about him between his wife, his third wife and his kids about custody and custodial ship and this is an article in the reliable source in the "washington post" this morning. next call comes from augusta georgia. monique. >> caller: good morning, how are you? host colin good. >> caller: i want to say we should commend the president put its model we settled what he says. it's about what he does. the president is against pro-choice and belcher as and when you take those options off the table for some people that can hinder them because in the

inner community where the schools are not great the should have the option to go where many people would say the government shouldn't be funding that the government is trying to fund health care and many other things going on. someone called earlier with a democrat and i normally don't agree with democrats any more but he made the comment the only time the president speaks like a conservative is when he speaks to african-american groups and i do believe that. when he gives a speech he should have given it to everybody and now just the naacp and that's my comment. >> host: monique, who did you vote for? >> caller: john mccain. >> host: thanks for calling in. henry waxman, chairman of the house energy and commerce committee resuming the markup of health care legislation after house votes. live coverage on c-span2. >> -- it could be prevented. the amendment has what is called the class act. could you tell us what the class

act is? it's a great name. >> it's a classy act, mr. chairman. no, i'm kidding. i'm sorry. basically, what this ase is people who, you know, now have to get health services, chronically ill people, people with disabilities who now have to get services for institutional station, there would be hospital, nursing home, what ever, would be able to pay into a system of voluntary payroll deduction and after a certain number of years, you know, if their health becomes endangered they get a chronic illness or become disabled they would be able to tap that so they would be able to get the services that normally provided by a hospital or nursing home in the community setting so it's a way of, you know, having people finance over their life, if you

will, so that, you know, when the -- >> does it help people in the long term -- >> it's a long term system for people with a voluntary check so it's paid for through their payroll. there's no cost, you know, to the government -- >> but it helps people who voluntarily pay into this fund to be able to use that fund. >> right, and this is a major issue, mr. chairman, with the disabilities community that approached me about this many times. i think the approach mr. mr. dingell. they get very aggressive about needless to say, and it's also something to mr. kennedy has sponsored in the senate and that's in the health bill. but i want to manage to become mention the senate god forbid. >> it is an issue senator kennedy has championed and it's very much wanted and needed.

there are other provisions in the bill. they seem unrelated but they have all in common provisions that you and the staff felt were worked out and not that controversy. the manual labor in for example is something that's now been agreed to buy all the stakeholders, that's s-t-a-k-e, stakeholders, restaurants, consumer groups, people can get information when they eat in a restaurant. there's emergency trauma care provisions, school based immunizations, telehealth reauthorization playing more role in giving people the ability to have assistance from health care providers and not in front of them but who can evaluate the medical situation and advise patients and their health care providers.

the painter and management, there is a federal tort claims act for chc volunteers. is this to allow -- as i understand -- those people who volunteer at a community center to be put under the same provisions as employees at a community health center. they would be covered by the federal tort claim law so they wouldn't be barred from volunteering and be required to get medical malpractice health care coverage for their volunteer period. i strongly support the amendment. it has a lot of good features in it. and i would hope members have had a chance to look at the amendment and would feel likewise. i want to recognize the gentleman from georgia, mr. gingrey. >> mr. chairman, thank you. i want to ask the author of the

amendment, mr. pallone, going to page seven of his amendment, subtitle nurse health management centers. i had to read pretty quickly through this. i didn't see anything in their regarding medical dr. max supervision in any way, shape, were formed in regard to these nurse management centers. could you give a little bit more explanation about that? is there any physician supervision over the centers, or do i -- am i correct in assuming that this is just albeit well-trained, advanced practice nurses pretty much practicing medicine at these centers free and independent of any other supervision? >> i'm going to defer to ms. capps since it was her bill. >> i appreciate the interest in this. the advance practice in areas

where there are clinics there are provisions in the regulations that advanced practice nurses have the ability to supervise and carry at this kind of decisions made in primary care. >> the gentleman would yield to me again so i can ask -- >> on a yield to the gentleman. >> and i thank the gentleman and i appreciate ms. capps's comments on that. i don't know what the law is in california but i sure it varies from state to state -- >> yes, it would. >> mr. pallone nor ms. capps, with this provision be a federal preemption of all the state laws -- >> no, of course not. that is why it is set up the way it is, as a voluntary or applicable in areas where these kind of provisions can be made. >> and bayh thank the gentlelady and mr. pallone for that

response. >> i yield back mr. chairman. >> mr. deal, you wish to be recognized. >> yes mr. chairman, thank you. as i look over the 75 page amendment, i think i have counted as many as 13 separate pieces of legislation, which i think all of them have in one form or another been introduced as separate pieces of legislation. now, some of these i feel very strongly in support of. in fact, and a co-sponsor in some of the individual pieces of legislation comprise this amendment. some i have reservations about. i was glad to hear the chairman say everybody that fell under the menu and came to the agreement. i was under the impression after reading it the only way you could get out from under it was to have a blue plate special that didn't last longer than 30 days or 60 days and that was the only way you are going to be

able to state the provision but may be those who would be affected by it have looked at it more carefully than i have. but i have a procedural question of the chairman. mr. chairman, as i understand this amendment, the pallone amendment, is a second-degree amendment and therefore would not be subject to an amendment to wait in order to extract portions of it that might otherwise be considered objectionable. am i correct this amendment is not subject to being amended -- >> the gentleman is correct. >> i appreciate the response and i personally would have preferred, even though it may have taken a little more time, for us to be able to deal with these individual pieces of legislation separately so people could express their opinions on them individually rather than collectively. but i appreciate the gentleman putting forward many of these proposals encompassed within this amendment, and i yield back my time.

thank you. >> let me -- if the gentleman from georgia, mr. deal, if you want to decide the question on these different parts of the amendment, i think that what be an appropriate request. do you want to take out something for separate consideration? >> mr. chairman, i have heard expression from some of our members, perhaps an indication that they would prefer to do that. i'm afraid time wise we haven't had the chance to get a collective judgment on that at this point. >> iowa c. well, the amendment as it was proposed -- >> mr. chairman in light of your apparent offering on that, i would like to request the menu labelling portion of the amendment be separated for separate vote. >> without objection we will put

the unanimous consent that the section of the amendment dealing with menu labeling be put aside and the amendment without that would be put under consideration. hearing no objection will be the order. are we ready to vote? >> mr. chairman? >> yes, gentlemen for morgan. >> thank you, mr. chairman. i am just now able to produce this amendment that came out at 9:09 last night. has this been scored or do we know how much money we are talking about? is there any data on the cost? >> the gentleman will yield these are authorizations of appropriations. we don't have a score on authorizations. the score would be on appropriations. >> is there a grand total for the amount we are authorizing? >> let me ask counsel of there's a grand total for the amount.

>> are there totals for each bill? perhaps i could direct to the council mr. chair, could you show me what page for each of these i understand there are 18 -- >> if you yield to me often authorizations spell-out a specific amount and related to the appropriations committee how much is needed after the examine the request but we would authorize a program and the appropriations committee would make those decisions. >> i appreciate that, mr. chairman. i know oftentimes congress is held accountable for not fully funding what's been authorized. clearly that was the case of the no child left behind legislation for many years there were arguments made a large sum was authorized and then i was never fully funded so council, can you direct me to where the authorizations are in this bill, in this 75 page amendment?

>> put your mic on. >> i'm quickly scanning. all of these or appropriations for discretionary spending. so in my quick scan, the number of christ is on page 24. >> page 24 is the only place >> so far that is the lummis -- part and? >> and again on page 24 there is $10 million authorized for telemedicine incentive grants, and then again on page 35 there is $100 million authorized. >> well, now, on page -- okey, 24 it says $10 million for fiscal year 2010 and such sums as may be necessary for the fiscal year 2011 through 2014 so that is an open-ended operation? >> yes, sir. there are many programs enacted as some may be necessary. >> are there other authorizations -- >> on page 48 -- >> if i may, page 35, line four.

there are authorized appropriations -- >> and that's $100 million for 2010 and in its open after that? okay, thank you. >> page 44 there are authorized $12 million. >> and then such sums as may be necessary? >> no search. >> that's for each fiscal year. >> each fiscal year. in page $48,500,000 for each of two fiscal years. page 48, mauney 11. and again on page 56. line 19 and 20. $2 million for fiscal 2010, and 4 million each for 2012. page 59, again such sums as may

be necessary, no specified total page 59. on page 65, such sums as may be necessary. and finally, page 75 for the extension of the wise woman program for screening preventative health screening for women, $70 million, 73.5, 77, 81, and 85 and succeeding years. those are the totals. i'm sorry, sir, i do not have the courage appropriation levels for the programs. >> mr. chairman and we have the appropriation levels somewhere to try to get in perspective what's being authorized? >> with all deference, sir, the labor hhs appropriations committee is meeting this morning to mark up theirs. i don't even know which staff people i would go to at this point. >> but do you have it at last

year for the current fiscal year? >> i could find it but i don't have it now. >> we won't have time i guess we won't really know. >> mr. chairman i realize my time is expired. thank you. >> any further discussion? >> mr. chairman? >> on the democratic side if not we go to mr. barton. >> i'm going to yield some of my time to mr. shadegg but i'm going to on my way of order use the same rule and same logic mr. pallone used on mr. burgess's liability. in his long term health care section, there is clearly an item on page three, line ten established mechanisms for collecting and distributing payments. that is clearly jurisdictional lee, totally within the ways and means committee. so if dr. burgess liability language was not germane by some

jurisdictional total within the judiciary committee this section is not germane because it is totally within jurisdiction of the ways and means committee. so, you know, what's good for the goose is good for the gander, mr. chairman. and i would, i would yield to mr. shadegg or mr. buyer because they have concerns -- >> with the gentleman yield to me? >> sure, i will yield to mr. pallone before i yield to mr. shadegg. >> i just want to say very briefly that this was written specifically to avoid the problem that you are raising by saying that the program does not go into effect until and unless the secretary sets up this, you know, voluntary payroll deduction. so it's written to specifically avoid the jurisdiction of the ways and means committee and that's my understanding that

that's reclaiming dr. burgess amendment was written to give the hhs secretary that same discretion and was ruled john germaine. i mean -- non-germane. >> it says the program doesn't go into effect until a statute is passed that does that. that establishes the voluntarily payroll deductions we have to actually have legislation to accomplish that. that's how it avoids the problem that you're suggesting. >> i'm going to yield to mr. shadegg. >> i thank the gentleman. i'm going to seek time on my own because i have a deep concern about the germane of this particular amendment. if you go to page four it talks about liability protection for volunteers or volunteer practitioners. as i understood mr. burgess amendment it dealt with liability. we were told that was in the jurisdiction of the judiciary committee and i quite frankly have for years wanted to extend

federal liability protections to surgeons working in emergency rooms performing procedures for doctors performing in emergency rooms compelled and i assume if we rule disasters fictional we can in fact have this amendment i certainly intend to offer amendments that to deal with immunity. this is clearer grant immunity to practitioners and quite frankly i probably on the substance agree with it but i don't and can't agree with a structure where a republican amendment on liability is not germane but democratic amendment on liability is germane. with that i will yield back to the gentleman from texas. >> on a yield to mr. buyer if i have the time. i think i do. >> i thank the gentleman for yielding. my great concern, mr. chairman, is we remain consistent. the purpose of the chair is to be impartial in your rulings. impartiality is one of the most

important attributes of leadership. so you can not be capricious or arbitrary and impartial rulings. so if in fact dr. burgess' amendment was out of order you can't now claim and say that this amendment is in order. so if you would like -- my suggestion, mr. chairman, if you would like to make this amendment in order then we should reconsider dr. burgess' amendment on medical malpractice reform. we can't -- we can't pick and choose and that is my great concern. the other, just on feet subject itself with regard to the community assisted living services and support is that cbo has already spoken on this issue that the question whether its actuarial sound over the long term and whether premiums will be insufficient to support the goal for which you're seeking to achieve. so, really bothered here at the moment that the chairman of the health subcommittee at a markup

whereby we were given a 1,018 page build in the first amendment out of the box is a 75 page amendment and it could be a bill in and of itself. i'm bothered both on two grounds, mr. chairman. one on substance and the other on procedure. so i will rest to the gentleman's point of order and ask that the chair be impartial in his ruling. >> i yield back, mr. chairman. >> the chair is ready to rule. the gentleman from georgia wish to speak on a point of order? the gentleman is recognized. >> i did have a question not pertaining to the rule of the chair. i wanted to ask either the council or mr. pallone on page 74 the subtitle of our extension of the wise woman program. i am not completely familiar with the wise woman program.

i have some idea of what it's about. but could either one of you explain what that program does? there's a good little bit of money involved, that 70 million in fiscal year 2010, 73.5, 77 million all the way up to 85 million in 2014, so over a five-year period we are talking about a lot of money -- >> would the gentleman yield? >> of course. >> i will ask ms. capps -- why don't i just feel to you if you like, ms. capps debate >> i don't mean to preempt the discussion because other people know about the wise woman program. cdc set this up as a pilot in 20 states and has been remarkable in the way that older women have become aware of their prevalence to work heart disease and the

steps that can be taken to recognize symptoms to get to medical care it actually helps to educate some of the providers that have not become aware, too, of the information available recently. it thus some data collection. we just want to expand it to all states if they choose to incorporate. it's already been approved. it's a part of cdc. ..

symptoms that they might have. and it is a way to get women into treatment more quickly than to wait until some costly treatment is perhaps needed later. >> well, reclaiming -- >> all the nutrition education may be part of the average programs. >> asking for a yield of time. as you described the program, of course, it sounds good, which is be spending money teaching cooking glasses and that is why i wanted to make sure. >> thank you, this is been verified in which it was initiated and is only based on the positive outcomes in those states that is now being recommended by the cdc to be applicable to other states as well. >> i think the gentle lady and i

yield. >> mr. chairman, we have before us a point of order and i would like to deal of the point of order before we get into further discussion on the amendment itself. anybody wish to be recognized on a point of order itself? the chair is ready to rule. the point of order has been asserted that this amendment is not germane for two reasons -- primarily that it passes a provision that would be in the jurisdiction of the ways and means committee. on page for the effective date says that the public health service act provision which is in our jurisdiction shall take effect on the effective date of a statute establishing a voluntary payroll deduction under the internal revenue code of 1986 to support the program authorized by such title. and had read legislated an

effective statute of the payroll deduction, that would be outside the jurisdictions of our committee. what we do in this particular provision is established the program, but the program which is under the public health service act would not take effect until the ways and means committee establishes the tax. the second assertion of non germane is backed community health centers provision giving liability protection would not be in our jurisdiction. it this amendment to allow volunteers at the community health centers to be covered under the liability protections under this act is under the act in the public health programs. the community health centers are under the public health act and a parliamentarian in the past has always referred such bills

dealing with anything, anything pertaining to the health centers to us including liability protection so the chair ruled that the point of order is not sustained. i want to call for further discussion of the amendment before we proceed to a vote on the pending amendment. >> mr. chairman. >> who seeks recognition? >> i won't take all my five minutes or whatever because i know most of the speakers on the other side are concerned about laying out vendors amendment and of the staff could explain to us because as you like being on this committee for a number of years i remember the same thing happening having a bill coming to the committee markup on a regular vacation even when the majority was a republicans have a huge manager's amendment laid out for our consideration. it is that not correct? >> will the gentleman yield on that point? >> i'd be glad to yield but i

would like to stay and recognize -- remind me of a previous times where we see advantage amendment of x number of pages. >> it is not unusual in this committee for there to be a manager's amendment of substantial size. >> i'd be glad to yield to my friend joe. >> i agree with what the council said, the difference is at least when i was chairman when we did manager's amendment, the amendment was published and both sides had a chance to look at it before it went to markup for a number of days. it we never strong so to speak a manager's amendment and i don't remember ever having a manager's amendment the nature of a substitute and having the first a majority amendment be in essence an addendum to the manager's amendment. i don't recall that ever. >> well, i have seen 2003 and it you weren't sure but i know the some of that was laid out last night at 10:00 o'clock. my staff was able to look at it

and so let's argue about not the process because i get calls all the time about you didn't read the bill and i said that is our problem but there are 233 years been able to get congress to be bills. but if you want to complain about the process that is one thing, but if you want to complain about the issues better in a the amendment that is separately and we might move along quicker and be able to deal with it, but that's mr. chairman, i yield and return my time to you. >> thank you, mr. chairman. i have a question of mr. palone, i don't see mr. rush year, but on page 57 subtitle postpartum depression, we have dealt with this issue in the two previous congresses and adopted compromise language bipartisan leyna.

language regarding a longitudinal study of relative mental health consequences for women resolving a pregnancy. and in various ways they may have resolved a pregnancy including carrying the pregnancy to term, parenting and child, placing the child up for adoption, miscarriage, having an abortion, so we have a compromise legislation that included postpartum depression on the issue of abortion. i was just wondering why the compromise language that we passed in the two previous congresses wasn't included in this language. in could you -- i think this is very important because increase research on post abortion depression would lead to greater awareness of the issue and the development of compassion about reaching counseling programs to help close abortion women so i think it is important and i just

wonder if you can explain why that is not included. >> would you yield? we have actually brought the same concerns and your right we did have compromise language section 102, congress regarding the study relative mental health consequences for women at resolving a pregnancy. with your acceptance we're willing to put the language in to make sure that is clear. that was raised earlier and we're willing to do it but just didn't get in in time. so with their acceptance i need unanimous consent to read section 102, language, yes i would accept. >> if it is a appropriate i would ask unanimous consent. >> the gentleman from michigan seeks recognition for unanimous consent request, would you stay here unanimous consent request? >> i ask that section one of two, regarding longitudinal study of rental medal hauls consequences for women resolving a privacy would be included in this amendment and a purpose

section in. >> is there objection. >> out like to reserve the right. >> the women from colorado. >> i'm not going to object, i would just like to say that i think this compromise language is good and i think we should look to the results. in the past mr. stupak end and mr. pitts had a disagreement but i think there can be mental health issues resulting from pregnancies and i think this is good compromise language and with that i will withdraw my reservation. >> mr. chairman, one more time and i will shut up. okay. we have operated on both sides in reasonably good faith on health care issue. and you have been more than accommodating this week in requesting the schedule. this particular amendment in my opinion is in very bad play. it was posted on the g drive at

10:28 p.m. last night. i don't know about other members and apparently mr. green staff sits by the g drive all night long. i want to commend him for that. >> you want to make sure we read it all. >> well, i commend you but i was adjusted to withdraw this amendment. there are some good things in it, there's obviously some good things in it. but it is a little unusual for the majority for their first amendment to be an omnibus amendment that was not readily accessible under normal conditions before the market began. i would be happy to yield. >> if you feel so strongly about it, i thank you may case that you ought to have more time to look at it. i join you in asking the gentleman from new jersey to a straw has amended without prejudice and and be permitted to offer it again.

we are throwing the whole on this amendment. >> i would withdraw without reservation to bring it up. >> and i would like to request -- just a minute, i would like to request that we be able to deal with this amendment before we leave today if that is acceptable. >> sure, we've got a series of 13 votes, about 12:30 p.m. so we're probably facing 50 minutes before we end for the day. because these next series of votes of the last those of the day and will take until two or 2:30 p.m. and by previous agreement we agreed to end up at 2:00 o'clock so we're actually saying about about 45 minutes at most, it would be better to just pull this one off and bring it up first thing next week if you want to do that. but if you found -- and you're bound and determined to have it

today i can stop you give my parliamentary inquiry? i would decide to get a clarification of terms because i'm trying to fall on the ball game here. this i understood was the bill. this i anderson was member's amendment, but we have been talking about and mr. green referred to this as a manager's amendment. >> isn't the amendment to the manager's amendment to a mezzo is the an amendment by the chairman of the subcommittee to the manager's amendment caltech that is, correct. >> i thought council was asked whether managers amendments are, and i did not hear council asked if managers eminence to managers amendments are common. >> the chair will announce a parliamentary inquiry. if you find any rule that says this can be done please raise it, otherwise we have a request from mr. barton to with shaw the amendment, the gentleman from new jersey has with john and i will take the recommendation

that the gentleman from texas this be put over until next monday and we will do that. >> i would try to clarify things, i was not objecting to simply try to find out what we were talking about. >> mr. chairman, over here on our side. parliamentary inquiry -- what happened to the request regarding section one of what every language? >> it adopted? >> no. >> because it was pending so do we have to -- >> we put the whole thing aside and i am to stand somebody wanted to look to that language as well to be sure so the whole matter is put aside including the separate issue with the palone amendment involving labeling. >> thank you mr. chairman. >> parliamentary question. when that mr. palone introduces

or arrange to the amendment back, it is my understanding based on our colloquy it will include a section one of two language that we have passed the previous congress? >> i would hope that that could be worked out, but he will be recognized to offer the amendment he made it, offer a different amendment and may offer in endeavor way but as seem to me that we were pretty clear that it was going to be unanimous consent for the language you had suggested. >> thank you mr. chairman. >> would you want to complete the unanimous consent now? let's all not get tied down. the palone amendment has been withdrawn. so we will go for another amendment at this time. ms. harman, you have recognition for an amendment at the desk.

>> let me ask you some questions was it submitted within to our time for review? >> as it was mr. chairman. >> the clerk will report. >> it is harman a 36. >> wasn't it our turn? >> amendment of california and mr. sarbanes of maryland, the end of title five of deficiency adds the following: subtitle, assisting veterans with military emergency medical training to become a state licensed or certified emergency medical technicians. section blank, assisting veterans with military emergency medical training to become state licensed or certified emergency medical technicians.

>> mr. chairman, i would like to ask unanimous consent that the reading be dispensed. >> without objection, the reading of the amendment will be discussed with the gentle lady of california recognize to explain and someone wants to reserve a point of order? >> thank you, mr. chairman para did mr. chairman, this amendment was worked out with mr. sarbanes and your excellent staff of, and also is part of legislation that i have offered with two colleagues, melissa bean, it would bolster the safety and security of our communities by enhancing the surge capacity of local medical facility is end at the same time it would help returning veterans transition into civilian live.

the amendment authorizes grant funding to create a fast track for military medics to become emergency responders. and also commissions to the gao studied identify in obstacles keeping former military medical profession from entering civilian medical fields. in the mr. chairman, everyone here understands their extraordinary service performed by military medics on the battlefields and iraq and afghanistan they are the true mashed champions of our work efforts in those places and a gain invaluable experience responding to ied attacks and other catastrophic emergency is on the battlefield. however, when they return home, the unemployment rate of returning veterans is about 30% and may have to start at the bottom getting training to

become civilian emt. we think this makes no sense and their experience should be embraced and they should be fast track for service that is absolutely critical in air local hospitals and other facilities. many hospitals and emergency medical services throughout the country now operates at or near capacity and obviously in the event of a terrorist attack major natural disaster are other casualty incident the resulting surge of patience would overwhelm these facilities. correct in this requires having a large -- >> will the gentle lady yield before mr. barton please? >> mr. chairman, i would love to yield to my old friend mr. buyer of first. >> here's what i'm going to ask of you, jane. i think you're doing here is right in his noble, we voice had a real challenge trying to link

the soldiers to that which can be done in the real world and what i'd like to do with you, ms. harman, is would you please withdraw this, work with me and let me go to my veterans affairs committee and also work with dod. i agree can even make this better and we bring this back on monday. i did not know about this, ms. harman, out of love to do that and that is just my only request. >> reclaiming my time, we did contact your staff specifically given your experience in this area. we received a very positive reactions. >> i said i liked it and i read the amendment for the first time. what i want to do is shot through we have some and educational programs with v.a. and working with dod, can i bet that, ms. harman? >> will yield? this is an amendment that i think mr. burton was going to

except that i certainly want to congratulate you and mr. sarbanes. i think it is a well thought the amendment and doesn't preclude mr. by year as the ranking member from looking at further changes to it. but i don't want us to keep on picking up amendments and putting them aside. we back to close on some issues and this one is so reasonable and so right that i would hope it does go for the. >> thank you mr. chairman, reclaiming my time, i take your offer. i appreciate your good faith offer, however, we did work with a veterans committee member, stephanie sandlin, on this and we have been exploring how to solve this huge problem in the most effective way and we have come to this proposal and worked with mr. sarbanes and apply to yield to him for a minute. a form of this that would fit well in the health care bill. i do agree with the chairman that this is ready.

i would offer to you after i yield to mr. sarbanes to work with you on some additional initiatives when i take to help our returning vets and out like to yield to mr. sarbanes. >> further discussion of the amendments? >> mr. chairman, i did. i was going to say we would excepted, but i want to support mr. buyer, he is a former of the chairman's letter to committee so i personally think is an acceptable amendment but i yield to congressman buyer general. >> i personally do not oppose this but that does not make, i am only speaking individually and don't have the expertise that chairman buyer has a knack for the recognition on the amendment, mr. sarbanes. >> want to thank the committee for working on this amendment, i want to thank ms. harmon as well.

to put this in context there is a significant set of provisions within the underlying bill that addressed the workforce shortage is and we have attempted in that respect to design pipelines and that will produce more medical professionals over time. but there's also a recognition that we need to do something in the immediate term and the phrase i like to use to describe this kind of an initiative is rapid deployment. we have to see where we can rapidly deploy care givers even as we are developing these pipelines over time. ms. harman is focused i think rightly on the tremendous potential in terms of it the emt profession to transition and is returning veterans two that kind of work and to do it in a timely basis. i'm also attracted to another

portion of this amendment, which asks that the gao to conduct a study to look at other ways that we can or other opportunities to transition returning veterans into other kinds of roles in going forward. in so this, on the one hand, is addressing the workforce shortage that we are very concerned about and, on the other hand, providing a tremendous opportunity to our returning veterans and in keeping with other initiatives we have undertaken in this congress already to focus on that particular issue. so again i think mr. harmon for her work on this. i would encourage jerry one on the committee to support this amendment and i yield back my time. >> the gentleman yield back the balance, mr. buyer is recognized. >> i speak specifically to your eminence. number one a complement to, they also are tying into exactly

where their favorite wins are. so i have no objection it, mr. chairman, if you're willing to accept this amendment with the caveat made to the vet to this. you have worked with stephanie but also at michael brink, to buildings the way, is the experts so let me over the weekend that this and if it's good two go this wonderful, if not the gentle lady i have worked with you on many years and of their recommendations or tweaks will circle back to the committee and i think that's the best way. >> will you yield to make? i think which you are suggesting is that week accepted this amendment assuming the committee is willing to do it and if we can't find some improvements in the next several days, we would have unanimous consent to add to this amendment to make it even better? is that what you're proposing? >> i believe chairman waxman would be amenable along with mr. and -- mr. burton. should this amendment be adopted

the gentleman from indiana, mr. buyer, would be permitted to offer further amendment caltech perfecting amendments. >> without objection, that will be the order. mr. murphy. >> thank you mr. chairman, the gentle lady from california, do we have a dollar value for with these grants would be? >> no, we have not. >> my understanding as i read this is not bypass any certifications of lessening law of any state. >> we were careful but it is to create a fast track. there are specifically created hardships for these trained medics to come back and have to start at the bottom and a lot of the courses they have to take our way to basic for them and yet they have to pay large registration fees which means many of them are deterred from even becoming emt. this is a huge loss for our country and a loss for them. >> this would be a way that states could find out they are the went to the training acidification and one other

question -- other in the states who are already reviewing this, and the models it already in existence that we might know of? >> i understand that kansas and maryland are already doing this. >> i thank you so much and yelled back my time the mr. chairman. >> anyone else seek recognition? if not we will proceed to a vote on the harman amendment. all those in favor and a post? the amendment is agreed to. we are now looking to the republican side for an amendment. mr. sullivan. >> you have an amendment that has been out for two hours and copies at the desk it is two this title? >> and i reserve a point of order to make the gentle lady from colorado, the amendment qualifies of the clerk will report the amendment.

>> amendment offered by mr. sullivan, at the end of title five of division c. add the following. >> without objection the amendment will be considered as read. >> mr. chairman, i say to reserve a point of order on the amendment caltech we already have so there are two reservations point of order. mr. sullivan, you're recognized for five minutes. >> thank you mr. chairman. i have an amendment to the mammoth and the nature of substitutes. mr. chairman, i have a common-sense good government of yemen today that is important ever to stop boys will and inefficient government spending in our health care programs. my amendment would require the health and human services secretary to conduct a study on you and all programs affected by this legislation to determine if there's any program duplication. under my amendment the secretary must write a report on the study within a year of enactment of this bill. after writing that report the

secretary will have duplicative programs within six months. i'm particularly concerned with a number of new government programs created in this bill and this legislation is adding at least 31 new federal programs, agencies, grant programs, commissions and and gates. with the nations experiencing regular levels of debt, we need to be taking a hard look at ways to duplication on our current programs. especially when adding to them as this bill does. also with the cbo stating yesterday that this legislation will increase not reduce public spending on health care we need to find an spears savings where we can. just this week it was reported that our budget deficit is already topped $1 trillion for the. was on pace to grow 2 trillion by the fall. i think we can all agree that in efficiency, duplication and waste will spending are having devastating consequences for the fiscal health of our country. my amendment would help stop an rasul or duplicative spending in this legislation. i believe that we are all going

to keep putting new spending programs on the table that we absolutely must have a mechanism to take old things off. my amendment provides the mechanism to do just that. again all my comments into amendment does is require simple study on duplication of federal programs in this bill and allow the secretary to take action on inefficient programs. i think everyone can agree to this especially in light of the deficits we're facing this country and i yield back to met the gentleman yields back. >> can i withdraw my reservation? >> i am certainly sympathetic to what you're suggesting that we make a wise investments and not have duplicative efforts. but i am worried about this amendment. the underlying bill requires the secretary to develop a national prevention and wellness strategy which i think what address your concern. that strategy requires a secretary to inventory current prevention and wellness