Lee Terry

Mr. TERRY

Mr. TERRY. Mr. Speaker, I yield back the balance of my time.

Mr. TERRY

Mr. TERRY. Madam Speaker, I rise today to recognize James Wright for his 10 years of public service in my district staff. Throughout his career in our office, James has consistently demonstrated a genuine willingness to help others and improve our community. He has undertaken a number of projects in my district, such as a program to teach financial literacy to young adults, a ``5 percent home ownership'' initiative under the section 8 housing program, and an ``entrepreneurship'' program to create a critical mass in a struggling urban setting. He has also taken on a leadership role in an Omaha small business initiative in North Omaha. All of these actions were directed at providing quality assistance to the people of Omaha. His positive attitude, dedication, and optimistic outlook are commendable attributes, and we're certainly appreciative of his outlook. James is an outstanding member of the Omaha community. He loves our great city. He contributes to local and national charities and organizations as well as participates in the Omaha Community Playhouse. He's a dynamic individual with a wealth of knowledge. We thank him for his public service.

Mr. TERRY

Mr. TERRY. Madam Speaker, I yield myself such time as I may consume. As an original sponsor of this resolution, I rise in support of House Resolution 1600, supporting the critical role of the physician assistant profession and supporting the goals and ideals of National Physician Assistant Week. I would also like to thank Congresswoman Betty McCollum of Minnesota for bringing to our attention the important services physician assistants provide and congratulate her for getting this resolution to the floor. Physician assistants practice medicine under a physician's supervision. A PA's practice can include diagnostic, therapeutic, and preventive care. On any given day, a PA could prescribe medication, order and interpret x-rays, attend surgery, give advice to patients, and may also have supervisory responsibilities. A PA is supervised by a physician, but at facilities where the physician is present for only a few days each week, the PA may be a patient's principal health care provider. This increases the flexibility of the medical profession and ensures patients have access to quality care. PAs in every State are required to pass the Physician Assistant National Certifying Examination. In order to take this exam, a candidate must be a graduate of an accredited PA program, which includes classroom, laboratory, and clinical training in several specialty areas. To maintain their certification, PAs must complete many hours of continuing medical education and a recertification examination. PAs are highly educated, highly trained, work extremely hard, and are a vital cog in our Nation's health care system. I hope all will join me in saluting our Nation's PAs for their commitment and dedication, and I urge your support for this resolution. I reserve the balance of my time.

Mr. TERRY. Madam Speaker, I have no further requests for time. I would be remiss on a resolution recognizing PAs not to recognize my brother-in-law's brother, Val, Val Valgora. He passed away several years ago. He was a PA back in the seventies. I had never heard of a physician assistant before. Val was instrumental in the State of Nebraska in expanding the use of physician assistants. He worked with the University of Nebraska Medical Center and then on to LSU to help create and expand the educational component for PAs. So, at least in the State of Nebraska, Val Valgora is one of our legendary PAs. I just wanted to thank him and take this opportunity to recognize his accomplishments for the State of Nebraska. I yield back the balance of my time.

Mr. TERRY

Mr. TERRY. I yield myself such time as I may consume. Madam Speaker, I rise in support of S. 3036, the National Alzheimer's Project Act. Alzheimer's afflicts millions of Americans and their families and friends. It is a personal tragedy for both patients and everyone who loves them. I had an opportunity to meet with the families during a support group just recently. I heard their stories about their loved ones slipping away with this form of dementia, and I heard their stories of the pressures and sadness it places on all of the families. NIH estimates that approximately 5 million Americans have Alzheimer's disease, most of whom are over the age of 60. So there is a good chance that you or a friend of yours has a relative suffering from Alzheimer's. Alzheimer's disease forces families and friends to watch as loved ones, once independent and vivacious, suffer personality changes, a loss of independence and severe memory loss, such that they view those close to them as strangers. As difficult as it is to watch, it is that much harder on the patients. Those with Alzheimer's face an irreversible process in which they lose many of those things that define them as individuals. While Alzheimer's can affect people as young as in their 30s, most patients are over 60 years old. As this age group doubles over the next 25 years to around 72 million, the number of people with Alzheimer's will also increase dramatically. As with other diseases which also affect large numbers of people and which cause profound suffering for patients, families and friends, we want to do whatever we can to eliminate the diseases or to mitigate their impact on people's lives. When Congress reauthorized the NIH in 2006, Congress decided to put the question of which diseases to fund into the hand of experts. While it makes the most sense to let experts determine the best use of scarce resources for research, Congress still has an important role to play in fighting Alzheimer's and other diseases. Specifically, we must identify laws and regulations that post barriers to developing new treatments and diagnostic tests quickly and safely. Most importantly, Congress must ensure that our government is acting efficiently and effectively. We often hear concerns about a lack of coordination between government agencies. The government already devotes substantial resources to Alzheimer's through such things as direct care, research at the NIH, and the activities of the Administration on Aging. However, it is imperative that these agencies coordinate their activities. The National Alzheimer's Project Act would ensure that coordination. If these agencies have a unified mission with a coordinated strategy, we significantly increase the chances of beating this disease. Mr. Speaker, I urge all of my colleagues to support S. 3036. I reserve the balance of my time.

Mr. TERRY. Madam Speaker, I yield 4 minutes to one of our great advocates for families and individuals with Alzheimer's, the gentleman from New Jersey (Mr. Smith).

Mr. TERRY. I yield back the balance of my time.

Mr. TERRY

Mr. TERRY. I yield myself as much time as I may consume. Madam Speaker, S. 3199, the Early Hearing Detection and Intervention Act of 2010, has worthy elements. Certainly we support the efforts of early recognition of hearing loss. As Mr. Pallone said, and Mrs. Capps will reiterate, it is not standard practice, or was not standard practice, to perform early detection for hearing loss on newborns. Usually parents, after about a year, would recognize something isn't right, that maybe speech was delayed, and that's when testing would occur. We have found that early testing has benefits. However, our side of the aisle must recommend a ``no'' vote at this time due to the authorizing of appropriations with the language of ``such sums as necessary.'' This type of open-ended authorization abdicates our duty to budget for programs responsibly. The bill would reauthorize the newborns and infants hearing loss program. It would enable the Secretary of Health and Human Services to assist in recruitment, retention, education, and training of qualified personnel and health care providers. Unfortunately, in reauthorizing this program, the bill contains no limits on authorization of spending for the program. As my colleagues know, authorizing ``such sums as necessary'' in legislation has contributed to the fiscal crisis our country now faces. Our country had a budget deficit of $1.3 trillion in fiscal year 2010, and some are projecting that our country's budget deficit will reach $1.5 trillion this fiscal year. We cannot continue this fiscal irresponsibility by voting for open-ended authorization amounts. We need to include specific authorization amounts in legislation so we can set priorities, if we are to ever get our fiscal House in order. Madam Speaker, I recommend a ``no'' vote on this legislation so we can work in a bipartisan manner to include specific reauthorization amounts. I reserve the balance of my time.

Mr. TERRY. I yield myself such time as I may consume. Madam Speaker, the gentleman is correct in the sense that it is a reauthorization. It strikes the language of 2002 while leaving the language of ``such sums as may be necessary'' for the fiscal year going forward now, but we still have that open-ended language. And after hearing from the people for the last couple of years, we have an additional emphasis on making sure that we are tighter in the writing of these bills, unlike what was occurring in the year 2002 when this was passed or in 2009 when it passed from committee. That is our only objection here, the authorization of open-ended, ``such sums as may be necessary.'' I reserve the balance of my time.

Mr. TERRY. I reserve the balance of my time.

Mr. TERRY. Madam Speaker, I thank the gentleman from Massachusetts for his efforts in fighting Alzheimer's and working for those families. With that, I yield back the balance of my time.

Mr. TERRY

Mr. TERRY. Madam Speaker, unfortunately, I rise today in opposition to S. 3386, the Restore Online Shoppers' Confidence Act. This bill would regulate e-commerce, specifically, negative option marketing and third-party billing. The Committee on Energy and Commerce has not held a single hearing or markup on this legislation or any legislation similar in concept. Furthermore, it has been less than 2 weeks since the majority first raised the issue with minority staff and informed us of their intentions to place this bill on the suspension calendar. We have not held a single stakeholders meeting regarding this legislation, nor have we spoken with the Federal Trade Commission about how they would implement this legislation or if they feel it is necessary. In fact, we had not one single stakeholder call, email, or letter or one single call, email, or letter from the regulator on this issue until Monday. Since then, we have received a number of stakeholder calls voicing concerns with the legislation. However, without holding any hearings or meetings, we can't properly evaluate these concerns. As has been aptly demonstrated by the majority's health care bill and the CPSIA, the consumer protection bill that we've had to make several changes to, the heavy hand of Federal regulation is prone to producing unforeseen and unacceptable consequences on the Nation's economy. On its face, this may not be something we'd oppose if we had a record to prove it's necessity and to inform us as to the proper way to address the potential problems that this bill is meant to solve, but we have absolutely no record on this matter; and the House, therefore, cannot responsibly pass this bill to the President's desk to become law. House Republicans are more than willing to work with our counterparts on the other side of the aisle and with our colleagues in the Senate next Congress to build a record and address if this issue is proven necessary. Based solely on a complete lack of process, not necessarily the merits, but on the process, I urge opposition to this legislation. Madam Speaker, in closing, I want to commend Mr. Boucher, the telecom chair. He has been an awesome chair for telecom, in fact, I would have to say in the United States House of Representatives, and I am even going to throw in the Senate. He is by far the most informed and educated on telecom Internet issues. So when Rick Boucher stands up to discuss an issue that affects e-commerce and the Internet, we listen. It is unfortunate that we are having a debate on this bill on process and not on the merits, because on the merits we are going to listen to Rick Boucher. And I just want to thank him for his service to Congress, his tutelage towards me on telecom issues in Congress. I for one, and I can say all of us on the Energy and Commerce Committee, are going to miss Rick Boucher next term. I yield back the balance of my time.

Mr. TERRY. Madam Speaker, I ask unanimous consent to reclaim my time.

Mr. TERRY. At this time, I will yield such time as he may consume to the ranking member of the Energy and Commerce Committee from Texas, Joe Barton.

Mr. TERRY. Madam Speaker, I yield back the balance of my time.

Mr. TERRY

Mr. TERRY. I yield myself as much time as I may consume. Mr. Speaker, as a member of the Diabetes Caucus and a former vice chair and member of a regional board that included Nebraska for the American Diabetes Association before I came to the United States Congress, I rise in support of House Resolution 1690 supporting the observance of American Diabetes Month. Diabetes touches nearly every life in this country. There are an estimated 24 million Americans today afflicted with diabetes, and that number is projected to double in the next 25 years. Diabetes is a group of diseases characterized by high blood glucose. It results when the body does not produce sufficient insulin or is unable to process insulin, a hormone that is needed to convert sugars, starches, and other food into needed energy for daily life. Type 1 diabetes results from the body's failure to produce insulin, which allows glucose to enter and fuel the cells of the body. The most common form of type 1 diabetes is immune mediated diabetes, in which the body's immune system attacks and destroys the insulin-producing cells of the pancreas. The common name for type 1 diabetes is juvenile diabetes. Even though juvenile diabetes is typically diagnosed during childhood or adolescence, it is a disease individuals must manage their entire lives. Type 2 diabetes, sometimes known as adult onset diabetes, results from the body's inability to make enough or properly use insulin. Type 2 diabetes is the most common form of diabetes, and its prevalence is rising every year. Approximately 57 million Americans are thought to have pre-type 2 diabetes. The complications from both forms of diabetes can be devastating and life altering, ranging from heart disease, stroke, and blindness to kidney disease. In the case of type 2 diabetes, people can take steps to avoid the onset of the disease and mitigate its effects. Americans must understand that their health and the health of their families are in their hands. Balanced diets and increased physical activity can prevent the disease and its complications. Those with histories of diabetes in their families must be especially vigilant. I would like to thank the author of this resolution, the gentlewoman from Denver, the Rocky Mountain State, Ms. DeGette, for her efforts to improve awareness of this disease and supporting all of the education efforts. She is very vigilant on this issue, as I know because we are on the Energy and Commerce Committee together. The issue and why it is so necessary to educate is to highlight the importance of early detection. I encourage all of my colleagues to support this resolution. I reserve the balance of my time.

Mr. TERRY. Mr. Speaker, the gentlelady from Colorado mentioned the gentleman from Delaware who wanted to be here and speak on this resolution, her cochair, Mike Castle, but he was called back to his home since we don't have any more votes this evening. At this time, I yield 2 minutes to the new gentleman to the House of Representatives from the State of New York (Mr. Reed).

Mr. TERRY. I continue to reserve the balance of my time.

Mr. TERRY. I continue to reserve the balance of my time.

Mr. TERRY. I yield back the balance of my time.

Mr. TERRY. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Mr. TERRY

Mr. TERRY. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Mr. TERRY. Mr. Speaker, I yield myself such time as I may consume. How many times a night does this scenario play out: You're on your couch and you're watching a nice program. The program has people conversing and it's getting to that pinnacle point in the show and it fades, and the commercial comes on and it's really loud. You reach for your remote and you can't find the remote. Your spouse in the other room, with her impatient voice, says, Turn that down, but you can't find the remote. You say, where is that blankedy-blank remote. Then you look between the cushions and there it is. You hit the mute button, and peace and calm is now restored in the living rooms of thousands of American households. Several of my colleagues, people in this House, have said that this act isn't needed, but for that living room on that night it was sure helpful to restore calm. The Commercial Advertisement Loudness Mitigation, or CALM Act, is why we are here today. Some say, and especially coming on the heels of the last bill, a Diabetes Awareness Month bill, that maybe there are more important issues to deal with; well, not for that family in that living room on that night. I do want to point out one thing here in that the industry has recognized that there is an issue with the loudness of the commercials. On November 5, 2009, the Advanced Television Systems Committee, ATSC, announced the approval of an industry standard, the ``ATSC Recommended Practice: Techniques for Establishing and Maintaining Audio Loudness for Digital Television,'' which provides guidance to creators and distributors of TV content focusing on audio measurement, audio monitoring techniques, and methods to control loudness. It's not as easy as we may think to control that, especially when you come off of a calm commercial or a show into a more boisterous commercial. Now this bill has been amended in the Senate to codify that standard that has been developed by the experts. The industry will move to solve the purported concerns by simply moving to comply with that consensus standard. Furthermore, the act would create a kind of ``safe harbor'' by deeming an operator that installs, utilizes and maintains the appropriate equipment and software in compliance with the act. Now while many Members may feel that there are more important issues for this Congress to deal with, this is the issue at hand. And as a member of the Energy and Commerce Committee where this went through regular order of subcommittee and committee, we stand in support. Mr. Speaker, I yield back the balance of my time.

Mr. TERRY

Mr. TERRY. Madam Speaker, I rise today with my colleagues, Representatives Space, Castle and Degette, to introduce a bill that will improve diabetes screening for Medicare beneficiaries. The bill we are introducing will direct the Secretary of HHS to review utilization of screening programs and establish an outreach program to improve screening awareness. According to the American Diabetes Association, a sizeable 32 percent of Americans over the age of 65 have diabetes and of that group, 46 percent remain undiagnosed. In my district alone, 41,000 seniors are living with diabetes. CMS data reflects that only 11.5 percent of Medicare beneficiaries take advantage of diabetes screening benefits. Awareness of screening benefits, diagnosis and early treatment are key components to ensuring that our seniors are healthy and helping to reduce overall costs to health care. I encourage my colleagues to take a close look at this bill and consider becoming a co-sponsor.

Mr. TERRY

Mr. TERRY. Mr. Speaker, I must rise in opposition to this closed, or partially closed, rule. Thirty-four amendments is not overwhelming. Back just a couple years ago, heck, we would have double or triple that many on an open rule. And it really saddens me to hear that if something will take time to debate or it's controversial, that we are not going to allow it on the floor anymore. Mr. Speaker, democracy isn't supposed to be easy; dictatorships are. Now, I will rise in support of the underlying bill because I'm going to stand with our men and women in uniform, whether it's current or retired; those are our veterans. This bill does a great deal of good for Offutt Air Force base, the Bellevue/Omaha area, for our veterans. One of the most significant is $56 million for the design of a new VA inpatient hospital facility for that entire regional area. The current facility was built 60 years ago. It is dilapidated to the point where it is no longer even safe, let alone meets the appropriate standards. So I am proud that the VA has decided and agrees with the entire congressional delegation and the community that this inpatient facility must be replaced and we begin that process. The second has been a vision of our veterans community. There is no national veterans cemetery within the area of eastern Nebraska, western Iowa, northwest Missouri. The previous administration realized that the rule that was applied needed to be changed, and that was under Secretary Peake, and continued under the current administration--and I want to thank General Shinseki and this administration for following through--in rightfully determining that the service area for a veterans cemetery was actually 112,000 veterans that could be served. By doing that, that shot the eastern Nebraska, Omaha area to the top of the list. And so inside this bill is the appropriation to start the design and purchase of land of a new national veterans cemetery in the Omaha/ Bellevue area. That has been a labor of love that started with a small group of veterans in my office just a few years ago, and now I get to see it come to reality. The last is specific to Offutt Air Force Base. It makes a reference in the MILCON provisions that the new STRATCOM headquarters will begin construction in 2012 and that the costs need to be borne throughout all of the branches and the DOD. This is important for the community and the psyche of the Offutt Air Force Base community.