E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, SECOND SESSION

Vol. 160 WASHINGTON, THURSDAY, FEBRUARY 6, 2014 No. 23 Senate The Senate met at 9:30 a.m. and was appoint the Honorable BRIAN SCHATZ, a Sen- now scheduled for 11 a.m., be at 2 p.m. called to order by the Honorable BRIAN ator from the State of Hawaii, to perform There will be two votes at that time, SCHATZ, a Senator from the State of the duties of the Chair. and there could be another one. We will Hawaii. PATRICK J. LEAHY, see what happens on the cloture vote. President pro tempore. The ACTING PRESIDENT pro tem- PRAYER Mr. SCHATZ thereupon assumed the pore. Without objection, it is so or- Chair as Acting President pro tempore. The Chaplain, Dr. Barry C. Black, of- dered. fered the following prayer: f Mr. REID. As I said, Mr. President, Let us pray. RECOGNITION OF THE MAJORITY there will be two rollcall votes. The Immortal, invisible God, in whose pa- LEADER first vote is on cloture of the Reed tient hands the mighty seasons move amendment. If cloture is not invoked, The ACTING PRESIDENT pro tem- there will be a second cloture on the with quiet beauty, hallowed be Your pore. The majority leader is recog- Name. underlying bill. nized. We hope to be able to work some- As our lawmakers face the complex- Mr. REID. I suggest the absence of a ities of their work, enlighten them thing out for Senator BAUCUS’s nomi- quorum. nation to be ambassador to China this with Your wisdom, lest the darkness The ACTING PRESIDENT pro tem- prevent them from seeing the paths of afternoon. pore. The clerk will call the roll. MEASURE PLACED ON THE CALENDAR—S. 1996 Your providence. Lord, empower them The assistant legislative clerk pro- to run and not be weary, to walk and Mr. REID. Mr. President, I am told ceeded to call the roll. that there is a bill, S. 1996, due for a not faint, keeping them always in Your Mr. REID. Mr. President, I ask unan- care. May they find peace in the knowl- second reading. imous consent that the order for the The ACTING PRESIDENT pro tem- edge that You know and accept them quorum call be rescinded. as they are. pore. The clerk will read the bill by God bless America. Drive back the f title for the second time. forces of evil and release the powers of REPEALING SECTION 403 OF THE The assistant legislative clerk read goodness throughout our land. BIPARTISAN BUDGET ACT OF as follows: We pray in Your great Name. Amen. 2013—MOTION TO PROCEED A bill (S. 1996) to protect and enhance op- portunities for recreational hunting, fishing, f Mr. REID. I now move to proceed to and shooting, and for other purposes. Calendar No. 298, S. 1963. PLEDGE OF ALLEGIANCE Mr. REID. I object to any further The ACTING PRESIDENT pro tem- proceedings with regard to this matter. The Presiding Officer led the Pledge pore. The clerk will report the motion. The ACTING PRESIDENT pro tem- of Allegiance, as follows: The assistant legislative clerk read pore. Objection having been heard, the I pledge allegiance to the Flag of the as follows: bill will be placed on the calendar. United States of America, and to the Repub- A motion to proceed to Calendar No. 298, S. lic for which it stands, one nation under God, TRIBUTE TO MAX BAUCUS 1963, a bill to repeal section 403 of the Bipar- Mr. REID. Mr. President, I have had indivisible, with liberty and justice for all. tisan Budget Act of 2013. the good fortune of serving in Congress f SCHEDULE for more than three decades with a APPOINTMENT OF ACTING Mr. REID. Mr. President, following good man, the senior Senator from PRESIDENT PRO TEMPORE my remarks and those of the Repub- Montana MAX BAUCUS. We hope to lican leader, the Senate will resume The PRESIDING OFFICER. The schedule a vote sometime this after- consideration of S. 1845, which is the noon on his confirmation to be our Na- clerk will please read a communication Emergency Unemployment Compensa- to the Senate from the President pro tion’s Ambassador to China. tion Extension Act. The filing deadline Senator BAUCUS has served in the tempore (Mr. LEAHY). for first-degree amendments to that is Senate for a long time. At the end of The assistant legislative clerk read 9:45 a.m. today, just a few minutes the following letter. this year, he will have served 36 years. from now. The deadline for second-de- Prior to that, he served in the House of U.S. SENATE, gree amendments to the Reed amend- Representatives for 4 years. Prior to PRESIDENT PRO TEMPORE, ment and to the bill is 10:45 a.m. Washington, DC, February 6, 2014. that, he served a term in the Montana To the Senate: ORDER OF PROCEDURE State legislature. Under the provisions of rule I, paragraph 3, I ask unanimous consent the cloture He has his undergraduate and law de- of the Standing Rules of the Senate, I hereby vote on the Reed substitute, which is gree from Stanford. He is an extremely

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

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VerDate Mar 15 2010 00:31 Feb 07, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.000 S06FEPT1 jbell on DSK7SPTVN1PROD with SENATE S776 CONGRESSIONAL RECORD — SENATE February 6, 2014 smart person and is certainly versed on has run—I ran one 31-mile race, but that millionaires should not draw un- what goes on in the Congress. MAX has run 50-mile races, and he has employment benefits. After he received his law degree from trained for 100-mile races. During one We have virtually done everything Stanford, he worked as an attorney at of those, he fell and hurt himself quite that the Republicans asked. They will the Securities and Exchange Commis- significantly. He hit his head because come up with excuses about why we sion and entered private practice in of a fall. can’t do this and how they want Missoula after that. We have exchanged news articles and amendments, but that is just a loss His mentor, and the person who got stories about runners. We enjoy focus- leader. We offered them 20 amendments him interested in politics, was Mike ing on our athletic skills. It was just before, but it wasn’t good enough. Mansfield. I didn’t know him—I the two of us, so we could say whatever I hope that we could have a few val- shouldn’t say I didn’t know him. He at- we wanted because there was no one iant Republicans vote to help the peo- tended the prayer breakfast, and I met there to listen. ple who are in desperate need of help. I him on a number of occasions at our He is someone who loves running. He am sorry to say that it appears Senate Wednesday prayer breakfast. He was a is still an avid runner, and I have ad- Republicans appear ready to filibuster very quiet man, and that is what ev- mired him for his athletic skills in ad- this important legislation a second erybody says about him. He was the dition to his legislative skills. time despite the fact that we have worst guest in the world to interview Senator BAUCUS’s independent spirit compromised on every one of their de- on a Sunday show because he wouldn’t has made him a powerful advocate for mands. Republicans complained that say anything. He would just answer yes Montana and for the issues he cares the bill wasn’t paid for, so we found an or no. He was well respected in the about. He is a respected member of the offset that was minimal to just about Senate by Democrats and Republicans. Democratic caucus and has great re- everything—at least certainly for those I heard Senator BAUCUS tell the story spect from the Republican caucus. people who were originally on the bill— many times about how Mike Mansfield During the time that Senator GRASS- HELLER, MURKOWSKI, COLLINS. It is my suggested that he go into politics. LEY was the ranking member—I can’t understanding they accepted that. I Well, he did do that. vouch for this, but I think I am right— hope more do. We need five Republican Senator BAUCUS served 2 years in the and Senator BAUCUS was chairman of votes. Montana State legislature before he the Finance Committee, they met The Republicans have complained was elected in 1974 to the House of Rep- every week for lunch. Every week we after the first vote that they wouldn’t resentatives. He served, as I indicated were in session, they had lunch to- vote on an extension of unemployment earlier, 4 years in the House before gether. insurance without reforms to the pro- coming to the Senate. He has been His passion is well known to all of us. gram, so we did that also. elected and reelected to the Senate 5 He has decades of experience in Con- I am beginning to believe there is times. As I said, at the end of this year, gress. President Obama made an excel- nothing that will get Republicans to he will have served for 36 years in the lent choice in appointing Senator BAU- yes. With the exception of a few Repub- Senate. CUS to represent America’s interests in licans who have taken the human toll He has been chairman of the Finance China, a growing power in our global of obstruction into consideration, Re- Committee. He has been chairman of economy. publicans simply don’t want to extend the Environment and Public Works He has never shied away from dif- these benefits. Committee. He has a been a member of ficult issues of the day, and I have no Their obstruction has already cost the Agriculture Committee for a long doubt that his fearlessness will serve the Nation $2.2 billion in economic ac- time. By the way, he was appointed to him well in his new role as a represent- tivity—a body blow to small businesses that committee on a temporary basis ative for our country in China. around the country. Every week they many decades ago and never left. Although Senator BAUCUS will be delay, another 73,000 Americans lose As chairman of the Senate Finance missed by the entire Democratic cau- these crucial benefits, benefits that Committee, he was instrumental in de- cus and the Senate family, our loss will help them keep food on the table and a veloping lots of landmark legislation, be the Nation’s gain. roof over their heads while they search but the most significant law he helped I wish the senior Senator from Mon- for a job. to pass in this body was the landmark tana the very best. I shared the story about a 57-year-old health care reform bill, the Affordable I hope we will vote this afternoon on Nevada woman who is couch surfing—I Care Act, which is saving lives and a Senator BAUCUS’s nomination to be had never heard that term before, but I lot of money for American taxpayers. Ambassador to China. We have not understand it—who is sleeping on He has been a long-time advocate for locked that in yet. friends’ couches because she doesn’t the Children’s Health Insurance Pro- EMERGENCY UNEMPLOYMENT INSURANCE have a home anymore. She sold all her gram. He worked on that with a num- We will also vote at 2 p.m. to advance belongings so she could put gas in her ber of people—not the least of which is a 3-month extension of emergency un- car if she gets a job interview. This Senator ORRIN HATCH of Utah. employment insurance that will not woman has worked all her life. She While Senator BAUCUS is well-known add a penny to the deficit. We origi- doesn’t want a handout; she wants a nationally for his tireless work on nally said 3 months and that it should job. health care, tax reform, and as a mem- not be paid for, but the Republicans So I have had some good conversa- ber of the Environment and Public said it had to be paid for. tions with Republican Senators. I hope Works Committee, he was also in- We have had two, I thought, really they will go ahead and let this impor- volved in public works projects. uncontroversial issues that paid for it. tant piece of legislation pass. We are I think the most important thing The first one didn’t work. I think that going to move as quickly as we can to that Montanans will remember about is wrong, but it didn’t work. No one some bills that have been reported on a him is that he always put Montanans complained about the second one, so bipartisan basis out of committees. We first. He is an avid hunter. He authored certainly any ‘‘no’’ vote on extending are looking closely at the HELP Com- one of the largest public land grant unemployment benefits is a ‘‘no’’ vote mittee, the Energy Committee, and bills in American history which pre- because they don’t want to extend un- there are other committees we are served 310,000 acres of forest land in employment benefits. going to look at to see if we can bring northwestern Montana. For a number of years the junior a bipartisan bill here to the floor, have It is a testament to his love of the Senator from Oklahoma has talked an agreement on amendments, and try outdoors that MAX BAUCUS walked al- about how millionaires should not to move forward on that basis. most 1,000 miles across Montana in 1995 draw unemployment benefits. I agree So as we vote today, I hope my Re- and 1996. with him. That is in JACK REED’s publican colleagues will keep in mind MAX and I have an ongoing dialogue amendment, which we are going to that we need to move forward—it is so about running. I have run a number of vote on later today. Under this legisla- important—to help people who are des- marathons, but MAX BAUCUS is a better tion, we have accepted the suggestion perately in need of help such as this 57- runner than I am. He is faster, and he of the junior Senator from Oklahoma year-old woman from Nevada. I hope

VerDate Mar 15 2010 03:04 Feb 07, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.002 S06FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 6, 2014 CONGRESSIONAL RECORD — SENATE S777 they will work with us to advance this be prohibited—prohibited—from par- So, today, Commissioner Koskinen bill and legislation in the future more ticipating in some of the most basic has a similar choice. He can either be expeditiously than we have in the past. civic engagement activities—things remembered as the man who reformed f such as voter registration, issue advo- this IRS at a time when Americans cacy, and educating citizens about can- were deeply distrustful of it or he can RECOGNITION OF THE MINORITY didates before an election. This is just be remembered as the man who allowed LEADER plain wrong. Grassroots groups himself to be used by the administra- The ACTING PRESIDENT pro tem- shouldn’t be persecuted for doing what tion for its own political ends. That is pore. The minority leader is recog- Americans expect them to do. They the choice. nized. shouldn’t be forced to shut up or shut The bottom line is this. Americans THE IRS down or for engaging in the very kinds need to be able to trust the IRS again, Mr. MCCONNELL. Mr. President, just of educational activities that the and that means getting our Nation’s last year, IRS officials and an inspec- 501(c)(4) designation was designed to tax agency back into the mission it tor general report confirmed what we support. was designed to perform such as proc- have been hearing from constituents The idea is to shut up and shut down essing tax returns, not regulating free for quite a while: The IRS was being the voices that oppose the administra- speech. The Obama administration’s used to target Americans for daring to tion’s priorities, and it comes on the proposed rule has almost nothing to do exercise their first amendment rights, heels of a long-running pet project of with actual tax policy. It is more about for daring to think differently, for dar- this administration to expose conserv- making harassment of its political op- ing to hold opinions contrary to high- ative donors to harassment in order to ponents the official policy of the IRS. ranking government officials. They try to dry up their funding. That is completely unacceptable. Re- Americans who care about the First confirmed that civic groups the admin- member, this is an agency that has ac- Amendment need to stand up to this istration opposed, including at least cess to some of America’s most sen- regulation before the administration one in my home State of Kentucky, sitive personal information: the power has a chance to finalize it. The Amer- were harassed and bullied by the IRS. to audit, to penalize, to harass—power ican people need to stand up to this They confirmed that individuals who that is pretty wide-ranging. regulation before the administration supported these groups were intimi- So it is not surprising that groups all has a chance to finalize it. And they dated and attacked, and they con- across the political spectrum, from the actually are. More than 20,000 citizens firmed something else too—that this ACLU to the Chamber of Commerce, have already submitted comments on happened in the runup to a national have expressed concerns about this this proposed rule at regulations.gov. election. rule. So Americans were rightly out- Nearly all the ones I saw were opposed. Let’s be clear. Let’s be perfectly In the House, Representative DAVE raged—outraged—when the worst fears clear. Commissioner Koskinen knows CAMP has introduced legislation that of citizen organizations came to light. the IRS has no business regulating free would prevent the IRS from imple- The American people rightly expected speech. He knows that. The eyes of menting any such regulation, and next the Obama administration to take con- America are on the IRS commissioner. week, I, along with Senator FLAKE, crete steps to end this harassment once They are counting on him to do the and for all—to put safeguards in place Senator ROBERTS, and others, will in- troduce companion legislation that right thing. that would ensure the same kind of Mr. President, I yield the floor. abuse never, ever happens again. would do the same in the Senate. But that is not what happened. No, in But I hope it doesn’t have to come to f fact, basically, the opposite of that that. There is a much easier fix avail- RESERVATION OF LEADER TIME happened. The Obama administration able. There is a way out of this di- The ACTING PRESIDENT pro tem- now seems to be trying to legitimize lemma. The new commissioner of the pore. Under the previous order, the the harassment after the fact, to enact IRS, John Koskinen, can put a stop to leadership time is reserved. regulations that would essentially the rule right now if he chooses. He can f allow the IRS to bully and intimidate stop this right now if he chooses. If he Americans who exercise their right of means what he said when the Senate EMERGENCY UNEMPLOYMENT free speech. It is something they were confirmed him—the comments we COMPENSATION EXTENSION ACT originally planning actually to slip by heard about restoring integrity to the The ACTING PRESIDENT pro tem- while the harassment was actually still IRS—then he will do just that. The pore. Under the previous order, the going on. Speaker and I, along with top Senate Senate will resume consideration of S. But here is the thing. The adminis- and House leadership and the leader- 1845, which the clerk will report. tration knew it could never get any- ship of the relevant authorizing and ap- The assistant legislative clerk read thing like that through Congress the propriating committees, have just sent as follows: democratic way, so it is trying to a letter to Mr. Koskinen on this topic, A bill (S. 1845) to provide for the extension quietly impose these new regulations and we look forward to his response. of certain unemployment benefits, and for through the back door—through the Back in the 1970s, Richard Nixon fa- other purposes. back door—by executive fiat. Adminis- mously tried to influence the IRS into Pending: tration officials insist the rules change helping him punish his political oppo- Reid (for Reed) amendment No. 2714, of a is just a minor bureaucratic adjust- nents. The IRS has been in this spot perfecting nature. ment. Nothing to it, they say. They before. Back then, the IRS commis- Reid amendment No. 2715 (to amendment claim it is just a ‘‘good government’’ sioner stood up to President Nixon and No. 2714), to change the enactment date. idea from the IRS—a response to the said, essentially: No, that is not what Reid motion to commit the bill to the inspector general report that brought this agency is supposed to do. So the Committee on Finance, with instructions, history is that when a previous IRS Reid amendment No. 2716, to change the en- these terrible abuses to light. actment date. Of course, we know that is not true. commissioner had a President of the Reid amendment No. 2717 (to (the instruc- We know the administration had been United States try to use him to target tions) amendment No. 2716), of a perfecting working on this proposed rule for at his political enemies, the Commis- nature. least 2 years—2 years—before the in- sioner of the IRS stood up to the Presi- Reid amendment No. 2718 (to amendment spector general report came out, and dent and said no. He said no to the No. 2717), of a perfecting nature. from the looks of things there is noth- President. The President cannot use The ACTING PRESIDENT pro tem- ing ‘‘good government’’ about this at the IRS to target the President’s polit- pore. Under the previous order, the all. As with so much of what we have ical enemies. That act of courage and time until 11 a.m. will be equally di- seen with the Obama administration, it independence became the defining act vided and controlled between the two is almost purely political—trans- of an already distinguished career, and leaders or their designees. parently political. it was something for which the Amer- Mr. REED. I ask unanimous consent Under the administration’s proposed ican taxpayer should be forever grate- that the time until 2 p.m be equally di- regulations, many citizen groups could ful. vided and controlled between the two

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