E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION

Vol. 158 WASHINGTON, THURSDAY, DECEMBER 6, 2012 No. 156 House of Representatives The House was not in session today. Its next meeting will be held on Friday, December 7, 2012, at 11 a.m. Senate THURSDAY, DECEMBER 6, 2012

The Senate met at 9:30 a.m. and was The assistant legislative clerk read then on confirmation of the Walker called to order by the Honorable TOM the following letter: and Berg nominations. We expect only UDALL, a Senator from the State of U.S. SENATE, two rollcall votes as we hope the Berg New Mexico. PRESIDENT PRO TEMPORE, nomination will be confirmed by voice. Washington, DC, December 6, 2012. PRAYER To the Senate: f The Chaplain, Dr. Barry C. Black, of- Under the provisions of rule I, paragraph 3, MIDDLE-CLASS TAX CUT of the Standing Rules of the Senate, I hereby fered the following prayer: appoint the Honorable TOM UDALL, a Senator Mr. REID. Mr. President, we Demo- Let us pray. from the State of New Mexico, to perform crats have been saying for more than 4 God of wonder, beyond all majesty, the duties of the Chair. months it is time for the House to pass You alone are worthy of our praise. DANIEL K. INOUYE, a middle-class tax cut, which we ap- Stay with us, bringing Your grace and President pro tempore. proved here in the Senate in July. As gladness to brighten our lives. Lord, re- Mr. UDALL of New Mexico thereupon the days until the country goes over move our sins from us and cleanse us assumed the chair as Acting President the fiscal cliff tick by, more and more with Your spirit, emancipating us from pro tempore. Republicans have joined our chorus. fears about what tomorrow may hold. f They realize the Republican leaders’ Continue to direct the steps of our unwillingness to compromise sooner lawmakers, keeping them from elev- RECOGNITION OF THE MAJORITY has put them in a real bind. So reason- enth-hour decisions that bring unin- LEADER able Republicans are asking their tended negative consequences. Remind The ACTING PRESIDENT pro tem- House leadership to allow a vote on the them that the cost of indecision may pore. The majority leader is recog- Senate-passed legislation. What was be much higher than they anticipate. nized. once a trickle has become more of a Purge them of the things that in- flood. crease discord, that in unity they may f Last week, Republican Representa- serve You with faithfulness. We pray in SCHEDULE tive TOM COLE said it was time to give Your sacred Name. Amen. Mr. REID. Mr. President, following middle-class families certainty that f leader remarks, the Senate will be in a taxes won’t go up by $2,200, on average, PLEDGE OF ALLEGIANCE period of morning business until 11:45 on January 1. today. During that period of time, Sen- Then TIM SCOTT, Republican, a con- The Honorable TOM UDALL led the Pledge of Allegiance, as follows: ators will be allowed to speak up to 10 servative Republican from South Caro- minutes each. It is certainly not man- lina, admitted the Senate’s middle- I pledge allegiance to the Flag of the United States of America, and to the Repub- datory, but we would like that time to class tax cut would surely pass the lic for which it stands, one nation under God, be used for speeches of our retiring House since it will take only 26 mod- indivisible, with liberty and justice for all. Senators. erate Republican votes to ensure pas- f At 11:45 a.m., the Senate will move to sage. executive session to consider the Walk- I don’t agree with columnist David APPOINTMENT OF ACTING er and Berg nominations, both district Brooks—on occasion I don’t agree with PRESIDENT PRO TEMPORE judges from Florida and Michigan, re- him, perhaps most of the time I don’t The PRESIDING OFFICER. The spectively. agree with him—but no one can ever clerk will please read a communication At approximately 12:10 p.m., there dispute the brilliance in writing of this to the Senate from the President pro will be up to three rollcall votes: first columnist for the New York Times. He tempore (Mr. INOUYE). on passage of the Russia trade bill, and is a great journalist. He writes so well

∑ 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 23:43 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A06DE6.000 S06DEPT1 tjames on DSK6SPTVN1PROD with S7644 CONGRESSIONAL RECORD — SENATE December 6, 2012 and explains things so well. I have I have been saying for weeks the only thority to borrow? He is the last person great admiration for him. people who aren’t on board are the Re- who should have limitless borrowing He wrote yesterday, ‘‘Republicans publicans in Congress, but now even power. have to realize that they are going to they are crying out for compromise. I Look, the only way we ever cut have to cave on tax rates.’’ That is the only hope my friend JOHN BOEHNER is spending around here is by using the way it is, ‘‘they are going to have to listening. debate over the debt limit to do it. Now cave on tax rates.’’ Mr. MCCONNELL. Mr. President, I the President wants to remove that Then on Tuesday, the day before yes- suggest the absence of a quorum. spur to cut altogether. Of course, it terday, the senior Senator from Maine, The ACTING PRESIDENT pro tem- gets in the way of his spending plans. OLYMPIA SNOWE, urged House Repub- pore. The clerk will call the roll. Well, I assure you it is not going to lican leaders to end the suspense for The assistant legislative clerk pro- happen. The American people want middle-class taxpayers. They shouldn’t ceeded to call the roll. Washington to get spending under con- have to wonder, Senator SNOWE said, The ACTING PRESIDENT pro tem- trol, and the debt limit is the best tool whether ‘‘we will ultimately raise pore. The Republican leader is recog- we have to make the President take taxes on low- to middle-income peo- nized. that demand seriously. The American ple.’’ I assure them, we won’t raise Mr. MCCONNELL. Mr. President, I people want us to fight to cut spending. taxes on the middle class and the poor. ask unanimous consent that the order It is a fight they deserve and a fight we That is what OLYMPIA SNOWE said. for the quorum call be rescinded. are happy to have. On Wednesday, Senator SUSAN COL- The ACTING PRESIDENT pro tem- UNANIMOUS CONSENT REQUEST LINS joined her colleague from Maine, pore. Without objection, it is so or- Mr. President, I indicated to the ma- agreeing the idea of ending the sus- dered. jority leader that I was going to pro- pense for the middle class ‘‘has merit.’’ f pound the following consent. I am pre- Yesterday it seemed every practical pared to ask for consent to allow the Republican left in Washington was sud- RECOGNITION OF THE MINORITY Senate to vote on the President’s debt denly willing to say out loud what we LEADER limit proposal. I would ask this either have known for weeks: The only re- The ACTING PRESIDENT pro tem- as an amendment to the Russia PNTR maining option is for the House to pass pore. The Republican leader is recog- measure we will vote on this afternoon the Senate bill. Dozens of House Re- nized. or as a freestanding bill, if that is pre- publicans signed onto a letter urging f ferred. Therefore, I now ask unanimous Speaker BOEHNER to take the last exit consent that it be in order to vote on THE FISCAL CLIFF before the cliff. an amendment, which is the Presi- Neither President Obama nor Demo- Mr. MCCONNELL. Yesterday after- dent’s debt limit extension proposal crats in Congress have been ambiguous noon I came to the floor and offered that I just described, prior to the pas- about our proposal to provide economic President Obama’s proposal on the fis- sage of the Russia PNTR bill today. security for 98 percent of American cal cliff to show that neither he nor The ACTING PRESIDENT pro tem- families and 97 percent of small busi- Democrats in Congress are acting in pore. Is there objection? nesses, while asking the wealthiest 2 good faith in these negotiations. The majority leader. percent to contribute a little more to With just a few weeks to go before a Mr. REID. Reserving the right to ob- stop this runaway debt. potentially devastating and entirely ject, I have been thinking how best to Now even a dyed-in-the-wool conserv- avoidable blow to the economy, the describe what has been going on here on Capitol Hill the last couple of ative such as Senator COBURN from President proposed a plan that mem- Oklahoma has endorsed the Demo- bers of his own party won’t even vote weeks. Every morning I get up, the first cratic approach. Here is what he said: for. So I think it is safe to say at this point that the President actually isn’t thing I read is the sports page. I am I know we have to raise revenue. I would disappointed in the sports page from rather see the rates go up than eliminate tax interested in a balanced agreement, he the Washington Post. It is not nearly credits and deductions that benefit the mid- is not particularly interested in avoid- as good as it used to be, and the New dle class. ing the fiscal cliff, and he is clearly not York Times is not very good either, He has been heavily involved in ev- interested at all in cutting any spend- but I read them. There is always some erything that has happened the last ing. good news on the sports page. Then I go several years in Washington dealing What the President is interested in, to the front page to get some of the bad with what to do with the debt. When he as we learned yesterday, is getting as news. I follow sports no matter what it joins in, that is significant, so it is ap- much taxpayer money as he can, first is—basketball, football, baseball, what- parent how this will end. The only by raising taxes on small businesses ever it is—and I have watched very question is when will it end. How long that he believes are making too much closely. will Speaker BOEHNER make middle- money, and then on everybody else. It is not one of my favorite teams, class families wait for relief, and how This is not so he can lower the debt or but it is really fun to watch the New long will he force the financial mar- the deficit but so he can spend to his York Jets. Coach Ryan has a problem. kets to wait for certainty? The longer heart’s content. For months the Presi- He has three quarterbacks: Sanchez, he delays, the greater the risk to our dent has been saying all he wants is to Tim Tebow, and he has a guy by the economy. raise taxes on the top 2 percent so he name of McElroy. He can’t decide who So, JOHN BOEHNER, who is my friend, can tackle the debt and the deficit. their quarterback is going to be. That I urge you, you don’t have to listen to However, yesterday he finally re- is the same problem the Republicans me. Listen to your own caucus. Listen vealed that is not his true intent. By are having. Romney is gone, but he is to prudent members of your own party demanding the power to raise the debt still in the background. We have and around the country. We can argue limit whenever he wants by as much as MCCONNELL and we have BOEHNER. Who whether to give more unnecessary tax he wants, he showed what he is after is is the quarterback, Mr. President? Who breaks to the wealthy tomorrow. We assuming unprecedented power to is the quarterback? can discuss responsible ways to reduce spend their dollars without any limit My friend talks about the trillions of our deficit next week. We can reform at all. dollars of debt. We just had an election. our Tax Code next year, but we must This isn’t about getting a handle on The people overwhelmingly know why give economic certainty to the middle deficits or debt for him. It is about we have this debt. The polling right be- class now, today. Democrats agree, spending even more than he already fore the election showed that the vast Independents agree, the majority of has. Why else would he demand the majority of the American people real- Republicans agree, and the American power to raise the debt limit on his ized the debt was caused by George public agrees by a huge margin. Even own? And by the way, why on Earth Bush. That is a fact. dozens of CEOs from major corpora- would we ever consider giving a Presi- We will have another jobs report out tions, whose personal taxes would go dent who has brought us 4 years of tril- tomorrow. We had a little problem be- up under our plan, emphatically agree. lion-dollar unchecked deficits the au- cause of what happened with Hurricane

VerDate Mar 15 2010 23:43 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.001 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7645 Sandy, but we still have created about York Times; Senators SNOWE, COLLINS, This tax credit has been vital for job 100,000 new jobs. Private sector job and COBURN; and a long list of Repub- creation and for our American manu- growth has been significant. We are ap- licans saying let’s move on. facturing. Literally, the PTC—the pro- proaching—let’s see, it must be about 4 f duction tax credit—has encouraged the million jobs now that have been cre- creation of tens of thousands of good- ated. That doesn’t nearly make up for RESERVATION OF LEADER TIME paying middle-class jobs, and it has led what was lost during the Bush years, The ACTING PRESIDENT pro tem- to millions in capital investment in but we are making progress. pore. Under the previous order, the States such as Colorado. In fact, 48 People in America realize we can no leadership time is reserved. States have a wind energy industry longer have the top-down economy the f presence. Along with the capital in- Republicans so loved during the Bush vestments, what we have seen is the MORNING BUSINESS years and what they wanted to create development of thousands of again with Governor Romney. The ACTING PRESIDENT pro tem- megawatts of clean renewable wind I would be happy to take a look at pore. Under the previous order, the power. And if we let this PTC expire, the proposal my friend the Republican Senate will be in a period of morning the stakes are very high. leader has shown us if we could come business until 11:45 a.m., with Senators I have come to the floor 24 times to up with something like we did when permitted to speak therein for up to 10 speak to the importance of the PTC they created this other furor by refus- minutes each, with the time from 10 and the benefits it provides for families ing to increase the debt, where we had a.m. to 11 a.m. reserved for speeches by and businesses in every State across an ability to come here and have a cou- retiring Senators. the Nation. I am here because the wind ple of votes to determine if we were The Senator from Colorado. PTC is a critical investment in and a downpayment toward a clean energy going to increase it. If that is what f they want to do again, I would be future—a future at risk if we don’t act EXTENDING TAX CUTS happy to seriously take a look at that and act soon. It is not too late to act. and report to the White House and my Mr. UDALL of Colorado. Mr. Presi- It truly isn’t. And to give us more mo- caucus, but until then I object. dent, I would like to associate myself tivation, to point out what is at risk, I The ACTING PRESIDENT pro tem- with the majority leader’s remarks. We wish to focus today on the State of pore. Objection is heard. do need to extend the tax cuts for the Minnesota and direct my remarks to The minority leader. middle class as soon as possible. That their wind energy industry. Mr. MCCONNELL. Mr. President, my is clearly the message the American Minnesota, as we know, is the Land friend indicates that there is some con- people sent on November 6 in the na- of 10,000 Lakes. Although Minnesota’s fusion about who the quarterback is on tionwide election we held. namesake may be its water, it has be- the Republican side. Of course, that is I also wish to respond to the com- come a leader in the wind energy in- quite common when you don’t have a ments and the conversation between dustry and a compelling example of the White House. But there is no doubt the two leaders over the debt ceiling positive effects the PTC can have in a about who the quarterback is on the limit. It is important to recognize that State. Let me share some numbers to Democratic side. The quarterback on when we raise the debt ceiling, all we make the point. As of 2011, Minnesota ranks fifth na- the Democratic side is the President of are doing is keeping faith with what tionally for the most installed wind ca- the United States. Unfortunately, he Congress has already appropriated, pacity, with over 2,700 megawatts, and keeps throwing interceptions, and we what Congress has already made clear it trails only Illinois, Iowa, California, are moving backward and backward we would spend on behalf of our coun- and Texas. You can see all the blue and backward away from the goal line. try in all the various ways the Federal areas on the map. Those are areas in We have $4 trillion in annual deficits, Government operates. We cannot afford which there is installed wind oper- and my friend from Nevada still wants to have a situation such as we had Au- ations. In fact, wind energy meets to blame that on George Bush? And gust before last where we dallied and 12.7—I will round that up to 13 percent now the President is asking for unlim- literally shot our economy and our- of the State’s energy needs. This ranks ited—unlimited—authority to borrow selves in the foot by not extending the fourth among all States. That means whenever he wants to for whatever debt ceiling. We saw the rating agen- they are powering through the wind en- amount he wants? If the majority lead- cies lower our national rating for the ergy industry the equivalent of 770,000 er supports that proposal, I would hope first time in history. There is a way to Minnesota homes, and that number is we could work together and get a vote do this, to have a mechanism in place going up. It is growing. on it to give his Members a chance to so we never again get in a situation We know through our two colleagues express themselves as to whether they where the debt ceiling becomes a point from Minnesota that Minnesotans take think that is a good way forward for of contention and literally hurts our pride in everything having to do with our country—to give this President or economy. Minnesota, and well they should. And any other President unlimited author- So, again, I want to say that the ma- they are taking pride in being in the ity to borrow as much as he wants at jority leader is on track. Let’s extend forefront of wind power growth. Since any time he wants from the Chinese or these middle-class tax cuts right now 2003 Minnesotans have purchased 1 bil- anybody else. That is the question. and bring some certainty and help our lion kilowatt hours of energy through Mr. REID. Mr. President, of course, economy grow. The majority leader is Windsource, which is Minnesota’s vol- as I said, I will be happy to look at the on point when he shared the numbers. untary green power program. It means proposal by my friend, but the Presi- I think we have seen about 5 million over 20,000 residents and about 240 busi- dent doesn’t want to do anything other jobs created after approaching literally nesses pay a little extra on their elec- than what we have done before, and the great recession when President tric bill to support wind energy and that is where we are now, and that is Obama first took office. So let’s get show their commitment to a clean en- why I would be happy to take a look at that job done. ergy economy. I know this works be- his proposal, because if it is what we f cause we have a similar program in did last summer, I would be happy to Colorado. Excel also has a presence in WIND PRODUCTION TAX CREDIT take a look at that and move forward. Colorado, and they offer Windsource to Mr. President, it is not only we Mr. UDALL of Colorado. Mr. Presi- Coloradans. Democrats, but we have a long line of dent, I have come to the floor this Now, Minnesota’s prominence as a Republicans who, as I outlined early morning, as I have for many mornings, wind power State has been aided by the on, are recognizing that we need to im- to talk about the wind energy industry fact that it also has a successful wind mediately make sure the middle class and the importance of tax credits. And manufacturing industry, and those and the poor are taken care of without this is another job I want to see us get manufacturing facilities in Minnesota their taxes being increased. We have done as soon as possible—to extend the have created hundreds of good-paying Representatives COLE, SCOTT; David wind production tax credit. It expires jobs and new investments. Federal in- Brooks, a columnist from the New in less than a month. centives, including the PTC, have

VerDate Mar 15 2010 23:43 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.003 S06DEPT1 tjames on DSK6SPTVN1PROD with S7646 CONGRESSIONAL RECORD — SENATE December 6, 2012 played a crucial role in making Min- disappear. We simply cannot let this I know in Missouri we exported $86 mil- nesota the wind leader it is today. happen. Let’s extend the PTC as soon lion to Russia in 2011, and exports are If that isn’t enough, I want to high- as possible. up 6 percent already from that year light further the substantial benefits Mr. President, I yield the floor. since we started 2012. Worldwide, Mis- this crucial industry has had on Min- The ACTING PRESIDENT pro tem- souri exports more than $12.3 billion in nesota. pore. The Senator from Missouri. goods and services—or at least we did No. 1, the wind industry accounts for f in 2010—and almost half of that was ex- 3,000 good-paying jobs for hard-working ported to countries where we have free- RUSSIA PNTR Minnesotans, including jobs at the trade agreements. We need to continue State’s 16 wind manufacturing facili- Mr. BLUNT. Mr. President, I am to do that. Nearly 300 Missouri compa- ties. You can see all these green cir- pleased the Senate is considering a nies supported 32,000 jobs that were cles, and those green circles are where critical bill this week to establish per- driven by exports. So 32,000 people in those manufacturing facilities are lo- manent normal trade relations with Missouri have jobs because of trade, cated. The workers at these plants and Russia. I should have borrowed my and a lot of that trade is in our hemi- the facilities themselves help supply friend’s sign that says ‘‘PTC Creates sphere. and maintain wind projects that con- Jobs,’’ which may very well be an accu- I want to come back to that in a tribute $7.6 million annually in prop- rate equation, but PNTR also will minute. I am concerned on the Russian erty taxes. Those projects, in fact, pro- equal jobs. We can compete given the agreement that Russia has failed to vide local communities with funds to opportunity to compete, and that is agree to bring its animal health and help improve schools, roads, and all the what these trade relationships are all food safety measures in line with the other crucial services local govern- about. This legislation overwhelmingly WTO agreement on the application of ments provide. has passed the House. It is going to sanitary and phyto-sanitary measures, Furthermore, Minnesota’s strong have strong bipartisan support in the called the SPS agreement. I am going manufacturing industry has supported Senate, and I believe it will pass today to continue to monitor this situation rapid growth in the wind capacity of and needs to pass today. to ensure that American agricultural the State. Let me share those numbers Russia joined the World Trade Orga- exports—and pork would be a good ex- with you. In 2011 the State added 542 nization in August of 2012. Since that ample of this—don’t face market ac- megawatts of wind power capacity, the time, our exporters—U.S. companies— cess barriers in Russia. fourth-most of any State. So extending have not been able to take full advan- Free trade has to be fair trade. Free the PTC is crucial to continuing Min- tage of the fact that they have this trade doesn’t work if it is not fair nesota’s growth in wind energy and new way to get to the Russian market trade. If it is fair trade and free trade, making progress toward a clean energy because we haven’t granted permanent American workers and American com- economy. In fact, the Minnesota util- normal trade relationships to Russia. panies can and do actively and posi- ity, Northern States Power, will have Since all the other major WTO mem- tively compete all over the world. In close to 1,900 megawatts of wind in bers already have that permanent rela- fact, we have a little bit of trade im- their energy portfolio by the end of tionship, they have had a real advan- balance these days, and I think we 2012. And listen to this: In 2011 the util- tage since August of last year, as they should be concerned that 57 percent of ity got more electricity from wind can move forward immediately and it is in energy. If we become more en- than it did from natural gas. compete and make agreements that ergy self-sufficient, we could easily re- I know many of us understand what American companies can’t make. duce our trade imbalance by 50 percent. the future could hold, based on what American companies are the only com- If we just got North American energy experts are telling us, and we know panies losing market share after Rus- as our focus for energy, we could only that wind and natural gas will be part- sia joined the World Trade Organiza- be more secure, and we would also have ners going forward. tion—and not because they are not as a better trade relationship. There is a synergy between wind and competitive. But until we do what we This legislation we are dealing with natural gas. This stands out as an im- need to do here today, they will be today, the Russia PNTR, builds on the portant milestone for Northern States working at a real disadvantage. progress we made last year with the Power. This company’s investment in In addition to securing a level play- passage of the three free-trade amend- wind energy has helped reduce carbon ing field for American companies, we ments. Many of us on this side worked dioxide emissions by an estimated 3.1 also need to replace the Jackson-Vanik closely with our friends on the other million tons. So the leadership of com- policy with something that, frankly, side and the White House to get these panies such as Northern States Power has now more real-world potential and long negotiated deals passed. In the 6 demonstrates that when we invest in real-world understanding. Russia is months since our free-trade agreement clean energy, we are creating jobs and clearly not the Russia of Soviet days, with South Korea took effect, trade be- strengthening our energy security at but we still have reasons to be con- tween our two countries has increased the same time. cerned about individual freedom of ex- by over $30 billion—a $30 billion in- I want to close with a couple of com- pression in Russia. We need to express crease in 6 months. ments more broadly. Minnesota is not that concern. That is why I am in sup- As we are trying to figure how to alone in its success, but these gains port of a portion of this bill that Sen- grow our economy, the export world and the thousands of jobs that the PTC ator CARDIN and Senator KYL have and free trade is one of the places we supports are at risk if we don’t act. fought for during this whole discussion can have the most speedy application During the summer and the fall work and now have in this bill, in the House of what we do to grow our economy. period, we saw the effects of not ex- bill—the portion where we look at the Thirty billion dollars in Korea alone. tending the production tax credit. terrible treatment and ultimate death American exports to Columbia have Companies such as Vestas in Colorado of Sergei Magnitsky. increased 20 percent since that free- announced layoffs and pulled back cap- This provision will ensure that those trade agreement took effect. The rati- ital investments. who were complicit in those activities fication of the Panama Free Trade It is pretty simple. Production tax and in his ill-treatment and death Agreement just went into effect a few credit equals jobs. We need to pass it as don’t get a free pass. It sends messages weeks ago, but that enables American soon as possible. Enough is enough. If to other countries that while we want firms to fully participate in the eco- we don’t extend it, we are going to see to trade with them, we also want to nomic opportunities that will occur a very significant continuation of these continue to speak strongly for the with the expansion of the Panama job losses. rights of individuals, no matter where Canal and the continued growth of that So let’s find a way forward. Let’s they are, to speak up against their gov- economy. What happens there is crit- work together. Let’s extend the PTC. ernment. ical to us. The longer this extension is delayed, Normalizing trade relations with This agreement, I have said already, the quicker success stories from States Russia is also an important move to has passed the House and I think it will such as Colorado and Minnesota could my State and, I assume, all our States. pass the Senate today. There are other

VerDate Mar 15 2010 23:43 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.004 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7647 things we can and should do. We need CAFTA agreement with Mexico, Can- OLYMPIA has truly set the gold stand- to work with the President, and the ada, Panama, Colombia, Chile, and ard for public service. From the State President should be working with Re- Peru, and we have a trading pref- house to the U.S. Capitol, OLYMPIA has publicans and Democrats who are erences agreement with Haiti. But we built an outstanding reputation as an friends of trade to do several things. really need to look to see what we can informed, thoughtful, and effective leg- One would be trade promotion author- do to trade in this hemisphere, improve islator. She can always be counted on ity. We used to call this fast track. our economic relationship with the as a leader with integrity who pursued This is where the administration can South American giant country and solutions and who had no interest in negotiate an agreement, and then the giant economy of Brazil. just scoring partisan political points. House and Senate either vote yes or no Your best trading partners should be It is OLYMPIA’s character that has on that agreement. It is the only way your neighbors. Certainly, Canada and made all the difference. to get agreements done in the world we Mexico have proved that. When we send The private acts of public figures can live in today. Canada $1, they traditionally send us tell us a lot about their character, so I Right now, the administration has no back somewhere in the neighborhood of wish to share with my colleagues this realistic way of passing trade agree- $1. Right now it is about 91 cents. In morning a story about OLYMPIA SNOWE ments through the Congress. The our trade with Mexico, Mexico now that I witnessed personally. There was President needs to work with Congress sends us back, a year ago probably— a Republican fundraiser going on one so that we will give him the authority. and this number continues to grow—75 night and I was arriving late, driving He needs to ask for it, and he needs to cents. That is why on the energy front, up in a car. People were streaming out want it so we can have these agree- when we deal with them, it makes a of the fundraiser and each of them was ments. This gives our trading partners difference. So they have proven that passing by a man who was on crutches, the confidence they need to make the your neighbors should be your best with only one leg, clearly destitute, concessions that you make in negotia- trading partners. clearly down on his luck, who was ask- tion and know that the agreement is The ACTING PRESIDENT pro tem- ing for money. Everybody but OLYMPIA going to be the agreement. It is either pore. The Senator’s time has expired. SNOWE passed him by without a word, going to be that agreement or no Mr. BLUNT. I ask unanimous consent as if he were invisible. OLYMPIA went agreement at all. for an additional 30 seconds. over to this destitute man on crutches, Since the TPA lapsed in 2006, we The ACTING PRESIDENT pro tem- with one leg, and she not only handed haven’t negotiated a single new free- pore. Without objection, it is so or- him some money but she took the time trade agreement. If that doesn’t tell us dered. to talk with him. I think that tells us how important it is that we move back Mr. BLUNT. We need to expand the so much about who OLYMPIA SNOWE is— to a way to get these agreements done, economic partnerships to our neighbor- her kindness to this individual, when I don’t know what would. hood. The Western Hemisphere needs everyone else was passing him by, her Second, the Trans-Pacific Partner- more attention. Trade makes sense for kindness to him when no one was ship. These negotiations seem to me to America. Trade creates jobs. Trade cre- watching, her kindness to him was a be languishing right now and need sen- ates opportunity. I am glad we are vot- private act that told all of us so much ior administration attention in order ing on this trade agreement today. about her character. to gather the steam they need. A I yield the floor. With her retirement from the Senate, strong Trans-Pacific Partnership is the The ACTING PRESIDENT pro tem- OLYMPIA SNOWE will join the pantheon most effective way to consolidate our pore. The Senator from Maine. of great leaders our State has pro- leadership in that part of the world. f duced: Margaret Chase Smith, Ed At a time when China is aggressively Muskie, George Mitchell, and Bill TRIBUTES TO DEPARTING moving into east Asia, we also need to Cohen. All of them, similar to OLYM- SENATORS look at the Philippines. Senator PIA, exemplify the principle that public INOUYE and I have a bill that would OLYMPIA SNOWE office is a sacred trust. strengthen our relationship with the Ms. COLLINS. Mr. President, many OLYMPIA’s inspiring record of service Philippines called the SAVE Act. I of our colleagues will be leaving us at is but part of an even more inspiring would like to see the administration the end of this Congress, and I wish to life story. Several times, from child- work with the two of us to see what we take time this morning to pay tribute hood on, OLYMPIA has been visited by could get done to have that relation- to some of my colleagues, particularly tragedy that would have caused most ship that has been so strong and has those with whom I have worked most people to become discouraged, dis- lasted so long become even closer as we closely. Of course, I must start with heartened, and negative. But each time figure out how to trade with that econ- my colleague and friend from Maine, OLYMPIA rose, transcended her personal omy in a way that makes them more OLYMPIA SNOWE. tragedy, and was more determined stable and closer friends of the United In ancient Sparta, there was a saying than before to succeed and to con- States. Frankly, we will benefit, our that roughly translated as this: It tribute to a better life for others. Her workforce will benefit from that agree- seems all the world knows what is the well-deserved popularity among Maine ment. right thing to do, but it is only the people transcends party lines and is There is a Trans-Atlantic Free Trade Spartans who will do anything about testament to her strength and her spir- Agreement that puts us in a better sit- it. it. uation to trade with the European As my friend, colleague, and senior The people of Maine and America are Union. This should be one of the easi- Senator from Maine, OLYMPIA SNOWE, grateful for her many years of service. est agreements we have ever done be- ends her service in the Senate, I rise to I am grateful for her leadership and her cause we have two mature economies pay tribute to this descendent of that friendship. I know OLYMPIA SNOWE will trying to trade with each other. The legendary civilization. Olympia is a continue to influence national policy normal negotiations about labor and true leader who has always devoted her for many years to come. environment and other things that considerable intellect, energy, and JOE LIEBERMAN sometimes take so long in these agree- commitment to doing what was right Mr. President, we have a tradition in ments, frankly, shouldn’t take long. for Maine and for America. OLYMPIA the Senate of referring to our col- The Presiding Officer has spent a lot of SNOWE has dedicated her life to public leagues on the Senate floor during de- time with our NATO partners, and they service: 18 years in the Senate, pre- bate as ‘‘my friend from this State’’ or would be the same partners that would ceded by 16 representing Maine’s Sec- ‘‘my friend from that State,’’ and of- be our EU trading partners if we will ond Congressional District, plus 5 in tentimes the word friend just means move forward there. the Maine legislature adds up to a re- colleague. But there is a fellow Senator Finally, we need fresh trade policies markable record of commitment to our whom I call friend in the truest sense with the Americas. We now have trade Nation and the great State of Maine. of the word. That person is the senior agreements with six countries that But that span of nearly four decades Senator from Connecticut, my dear were part of the Dominican Republic tells us only part of the story, for friend Senator JOE LIEBERMAN.

VerDate Mar 15 2010 23:43 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.006 S06DEPT1 tjames on DSK6SPTVN1PROD with S7648 CONGRESSIONAL RECORD — SENATE December 6, 2012 When JOE LIEBERMAN announced ear- JOE brings the same dedication to ev- the esteem in which he is held on both lier last year that he would not seek erything he does. Working with him on sides of the aisle. These accolades con- reelection to the Senate, he called him- the Armed Services Committee, I know firm what we who have had the privi- self a lucky guy for having had the op- firsthand how devoted he is to our men lege of working closely with JON know portunity to serve his State and his and women in uniform and the deep re- from experience. He is intelligent, he is country. I would contend it is we in spect he has for their service and their informed, and he is fair. He is dedicated this Chamber and the people through- sacrifice. His leadership in bringing to the people of Arizona and exempli- out Connecticut and across our Nation about the repeal of the discriminatory fies the principles that are the founda- who are the ones who are truly fortu- don’t ask, don’t tell law was nothing tion of our Constitution and of our nate for JOE LIEBERMAN’s lifelong com- short of extraordinary, and it gives me country. mitment to public service, including great personal pride to have assisted Of all the words that have been used his 24 years in the Senate. him in achieving that important vic- to describe JON KYL, these five describe For more than a decade, it has been tory for justice. It was vintage JOE LIE- him best: As good as his word. JON has my privilege to serve with JOE as the BERMAN. He did what was right. He been an invaluable ally in the great leaders of the Senate Homeland Secu- never gave up. He got the job done. challenge of defending America against rity and Governmental Affairs Com- Throughout his many years of dedi- terrorism, a challenge he recognized mittee. Regardless of who has been cated service, JOE has demonstrated and worked hard to address long before chairman and who has been ranking the kind of character America needs the terrorist attacks of more than a member, ours has been a partnership. and the American people deserve. It is Indeed, I will never forget when I was decade ago. not by coincidence that the As the leader of the Judiciary Com- losing the chairmanship because of the PowerPoint slide show I present to stu- change in control, JOE leaning over to mittee, he worked hard to strengthen dents throughout Maine includes a me and saying: Don’t worry, SUSAN, all our intelligence capabilities and was at photograph of Senator JOE LIEBERMAN that will change is that you will pass the forefront of one of the most crucial at work. The young pupils of today who me the gavel. antiterrorism issues, tracking, expos- It was typical of his thoughtfulness will be the leaders of tomorrow could ing, and cutting off financial networks and generosity, and it is not coinci- have no better role model than this that bankrolled terrorism. Combating dental that ours is the only committee leader of intelligence and integrity. this financing was one of our earliest in the Senate where we do not sit with A wonderful fringe benefit of working and greatest antiterrorism successes, Republicans on one side and Democrats so closely with JOE for so many years although work continues today, and it has been the opportunity I have had to on the other but instead are inter- was JON KYL who played a key role. get to know his wonderful wife Hadas- spersed because we recognize, given our Arizona, similar to Maine, has a long sah. She is a person who also dem- important mandate, that we must international border. The American onstrates remarkable strength and work together in a bipartisan and, in- people fully understand the importance compassion. Her devotion to commu- deed, a nonpartisan way. of borders that are close to our enemies nity service spans a range of issues, During the time JOE has been the as they remain always open to our from advocating for women’s health chairman and that we have worked to- friends. JON is dedicated to providing and breast cancer research to providing gether, the committee has established those who protect our borders with the women with opportunity through a well-deserved reputation for biparti- personnel, the training, and the tech- microfinance programs. sanship, for thoroughness, and—most nology so America can continue to wel- The integrity and decency JOE brings important—for getting things done. I come with compassion those seeking a to public service stands on the know the American people have been better way of life while turning away unshakable foundation of his deep so frustrated with the gridlock that those who would do us harm. faith. It is telling that his retirement has prevented action on so many issues As a member of the Finance Com- facing our Nation. For the most part, announcement included these wise mittee, JON KYL has been one of the we do not see that kind of stalemate on words from Ecclesiastes: ‘‘To every- thing there is a season, and a time to Senate’s most diligent fiscal watch- our committee and that is a tribute to dogs. He has a sharp eye for wasteful the leadership of JOE LIEBERMAN. That every purpose under heaven.’’ In closing, I offer my dear friend this spending. He is dedicated to reining in reputation for our committee—of ac- deficit spending, reforming our Tax complishment and bipartisanship—is traditional Jewish blessing: ‘‘May you Code, and making government more the work of many hands, but JOE LIE- live 120 years.’’ accountable. BERMAN’s fingerprints are all over it. While none of us expects to attain JON KYL understands the challenges JOE has always based his leadership on the longevity achieved by the prophet his unwavering belief that the great Moses, I am confident the gratitude of that confront America, and he also challenges America faces—such as the American people for the service of empathizes with the challenges that combating terrorism, putting our fiscal Senator JOE LIEBERMAN will be ever- confront American families. His record house in order, and defending free- lasting. is one of strong advocacy for our most dom—transcend party lines. JON KYL vulnerable citizens, including victims The success our committee has Mr. President, in reflecting on Sen- of crime, children, and our seniors. achieved in helping to safeguard our ator JON KYL’s service to this institu- JON often compares his work in the Nation is the result of that non- tion and to our Nation, I am reminded Senate to that of a teacher. Whether partisan—some might say inde- of these words by Abraham Lincoln. He addressing constituents or colleagues, pendent—spirit that guides him. Those said: he strives to educate with facts, with successes are many, from the landmark Character is like a tree and reputation like evidence, and with the truth. None of Intelligence Reform and Terrorism a shadow. The shadow is what we think of, us has ever heard JON try to win an ar- Prevention Act to providing the tools the tree is the real thing. gument by belittling or berating an op- that strengthen our first responders, to JON KYL is the real thing. During 18 ponent. It is simply not in his char- our extensive investigations into the years in the Senate, preceded 8 by in acter to do so. flawed response to Hurricane Katrina, the House, JON has built a reputation It has been said that a politician the fatal communication failures in that is a perfect image of his character. thinks of the next election and a the Fort Hood terrorism case, and our National magazines have named him statesman thinks of the next genera- current scrutiny of the attacks in one of America’s 10 best Senators, one tion. This statesman from Arizona ex- Benghazi, JOE LIEBERMAN has always of the world’s most influential people, presses his philosophy of government put country first. His actions are guid- and one of our Nation’s hardest work- and the obligation of government lead- ed by deeply held principles and aim ing lawmakers. ers this way: toward progress. He has demonstrated His unanimous election in 2008 as our We owe future generations the chance to his willingness, time and again, to risk Republican whip and his recognized live their dreams, to be successful, and— his political career to do what he be- leadership on the great challenges of most important—to achieve true happiness lieves is right for America. our time throughout the Senate reflect by their own efforts.

VerDate Mar 15 2010 02:01 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.007 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7649 Senator JON KYL’s commitment to ties that have generated higher net in- opportunity to grow professionally in the security of our Nation, to fiscal re- come for America’s family farms. the spirit in which we have worked to- sponsibility, and to helping those in Through the Lugar Energy Initiative, gether. need have earned him a reputation that he has combined his foreign policy and It is not going to surprise the Pre- is worthy of his character. agricultural expertise to promote poli- siding Officer or anyone else when I say The people of Arizona and America cies to spur economic growth. the greatest learning experience for me are grateful for his service. I am thank- In the dark days following the at- in that regard was when I served as a ful for his guidance over the years and tacks of September 11, 2001, Senator rifle platoon and company commander for his friendship. We wish him all the LUGAR set forth a set of principles to in the U.S. Marine Corps. When we best in the years to come. guide our Nation in these difficult were in training to go to Vietnam, we Mr. President, there is one more trib- times. The Lugar doctrine calls upon got a lecture from a battle-hardened ute I would like to give this morning if the United States to ‘‘use all of its lieutenant colonel who fought as an en- there is time remaining. Could the military, diplomatic and economic listed marine in World War II, rifle pla- Chair inform me if we are under a time power—without question—to ensure toon commander in Korea, and then as agreement. that life threatening weapons of mass a battalion commander in Vietnam. The ACTING PRESIDENT pro tem- destruction everywhere are accounted, One of the things he said to us was, pore. The Senator may proceed. contained and hopefully destroyed.’’ You may carry a side arm, you may RICHARD LUGAR In addition, the Lugar doctrine as- carry a 45 pistol, you may carry an M– Ms. COLLINS. Mr. President, in his serts that America should encourage 16 rifle, but a Marine officer is only 36 years of service in the Senate, RICH- democratic institutions and decrease successful if he fights with his marines. ARD LUGAR has established a reputa- reliance on foreign energy sources. It is the same concept here. A person is tion as an extraordinary leader on such These accomplishments, and so many no better as a leader than the people he issues as foreign relations, national se- more, stem from a profound intellect or she leads. We worked hard on our curity, energy policy, agriculture, and combined with character. There is staff for 6 years to find the most tal- ented people in America, to work them economic growth. He is the Senate’s nothing I love more than to hear DICK to their full capacity, to instill in them most senior Republican and the longest LUGAR give a tutorial on any country my personal views of the principles of serving Member of Congress in Indi- in the world, and he can talk knowl- leadership and the philosophy of gov- ana’s history. edgeably and teach us about any coun- ernance which are at the core of what Senator LUGAR has established a try in the world. That is the depth of well-deserved reputation as a true his experience, his knowledge, and his I wanted to bring to the Senate, and I believe we did that. statesman. At a time when the coars- expertise. We started with Paul Reagan and ening political discourse across our Na- DICK has also always been a voice of Kathy Wilmoth. Paul Reagan, my chief tion and in Congress is a growing con- reason in the Senate. No matter how of staff, is a veteran with 25 years of bitter the debate, he has always stood cern, DICK LUGAR is a shining example Democratic politics and governance in- by his values and engaged in thought- of civility and mutual respect we must side Virginia. He worked for Congress- regain if our Nation is to meet the ful discussions that result in solutions. man Rick Boucher. He worked for JIM challenges that lie ahead. That is why his advice has so often MORAN as his chief of staff. He worked Thirty-six years in the Senate is a been sought by Presidents, military for two other Members of Congress, and part of DICK LUGAR’s long time of serv- leaders, Cabinet Secretaries, Gov- he had been the communications direc- ice. After attending Oxford University ernors, and so many of his colleagues, tor with MARK WARNER when he was as a Rhodes Scholar, DICK volunteered including me. Governor. We were what some people As DICK LUGAR returns to the private for the U.S. Navy in 1957, eventually would call the political odd couple life he left behind so many years ago, serving as an intelligence briefer for early on. Paul was a master of every his advice will continue to be sought the Chief of Naval Operations. As the detail inside Virginia politics. My ex- after and I hope heeded. His knowledge two-term mayor of Indianapolis, begin- perience for many years had been on and insight will still be valued, and the ning in 1968, he was a trailblazer in uni- the national level of policy. We worked fying local government, setting his example of his decency and civility he very hard to screen every single appli- city on a remarkable path of economic has set throughout his life should guide cant to make sure these were people growth and prosperity as well as effi- us all. The people of Indiana and Amer- who met the standards we were trying ciency. As mayor, he served three ica are grateful for his service, and I to put into place. terms on the U.S. Advisory Commis- am so grateful for his friendship and Kathy Wilmoth, in my view, is some- sion on Intergovernmental Relations guidance over the years we have served thing of a legend here. She became our and as president of the National together. office director. She knows every Cap- League of Cities. It is evident DICK The PRESIDING OFFICER. The Sen- itol Hill policeman. She probably LUGAR always rises to the top of any ator from Virginia. knows every person sitting here work- organization because his colleagues FAREWELL TO THE SENATE ing on the Senate floor. She is an abso- recognize his extraordinary capability Mr. WEBB. Mr. President, as our of- lute gold star administrator. Before and his outstanding leadership. fice is winding down from my Senate she came to work for us, she worked DICK’s life experiences and character term beginning this week, the field of- for Senators John and Lincoln Chafee. have served the people of Indiana and fices in Virginia ceased their func- When I was a 25-year-old marine, I our country so well. He has been the tioning, and it is going to be my pleas- worked on Senator John Chafee’s staff leader in reducing the threat of nu- ure later on today to host a lunch for when he was Secretary of the Navy. I clear, chemical, and biological weap- all my staff and to thank them for the know I am biased, but I would chal- ons. What better tribute or legacy work they have done. I just want to lenge anyone to rebut that we have had could anyone leave the world than to take this opportunity to talk about the best run staff on Capitol Hill. reduce the inventory of these dan- why I have said so many times since I We set up a communications shop. gerous weapons. The bipartisan part- came to the Senate that my greatest We had Jessica Smith and Kimberly nership he forged in 1991 to destroy legacy will be the work of our staff. Hunter, two very talented and invalu- these weapons of mass destruction in When I first came to the Senate, peo- able communicators, who understood the former Soviet Union has resulted ple were asking: Will you be remem- the job was not simply to respond to in the deactivation of more than 7,500 bered for the GI bill if you get it done— media requests but to proactively ex- nuclear warheads that once were aimed which we did—or maybe some great plain what we were doing, what our at the United States. transportation project or something of purposes were, what our goals were, As chairman of the Agriculture Com- that sort? I said: No, the most impor- and what the philosophical approach mittee, DICK LUGAR has led the way for tant thing a leader can do is to bring we were taking happened to be to local reforming our Federal farm programs good people around him or her and to and national media rather than simply and has promoted research advance- work them to the full extent of their entertaining interview requests and ments and increased export opportuni- capacity and then to provide them the those sorts of things.

VerDate Mar 15 2010 23:43 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.009 S06DEPT1 tjames on DSK6SPTVN1PROD with S7650 CONGRESSIONAL RECORD — SENATE December 6, 2012 On the State level, we were able to people who had been serving since 9/11 There being no objection, the mate- have Conaway Haskins and Louise deserved the same chance at a first rial was ordered to be printed in the Ware. They set up the State adminis- class future as those who had served RECORD, as follows: trative structure. We were constantly during World War II. Within 16 months, CRIMINAL JUSTICE BILL ENDORSEMENTS able to listen and respond to the needs with the strong support, by the way, of Innocence Project; National Sheriffs’ Asso- and to the opinions of people through- Leader REID, we were able to pass this ciation; NAACP; ACLU; Fraternal Order of out this extraordinarily complex demo- legislation, the most important piece Police; American Bar Association; Inter- graphic jurisdiction that is the Com- of veterans legislation since World War national Association of Chiefs of Police; Sen- monwealth of Virginia. II. tencing Project; Families Against Manda- tory Minimums; National Association of Sometimes we forget about what Most of that effort, again, came di- VOCA Assistance Administrators; American happens on these phones in our offices rectly out of our office from the work Probation and Parole Association; National when we are off in our meetings. The of people on our personal staff, led by Association of Evangelicals; American Soci- people who have run our phones and Mike Sozan, who at that time was our ety of Victimology; Colorado Organization have done our casework at times have legislative director and has since for Victim Assistance; International Com- astounded me. We go back to the votes moved on to be the chief of staff for munity Corrections Association; Inter- national Organization for Victim Assistance; on health care reform. We know all the Senator MARK UDALL. We said during my campaign and Mothers Against Drunk Driving (MADD); debates that were going on here. We National Association of Crime Victim Com- took a count in our office, and we re- after I got here that the United States pensation Boards; National Center for Vic- ceived—just in our office—226,000 pieces desperately needs to reform its crimi- tims of Crime; National Children’s Alliance. of advice just on health care reform; in nal justice system. We have 5 percent National Crime Victims Research and fact, a total of 300,000 pieces of commu- of the world’s population and 25 per- Treatment Center; National Organization for nication on that debate of which ap- cent of the world’s prison population. If Victim Assistance; The Rene´e Olubunmi proximately 50.1 percent of the people we ask the average American, two- Rondeau Peace Foundation; Legal Action thirds of them will tell us they feel less Center; Correctional Education Association; who called in to us may have been Middle Atlantic States Correctional Associa- happy with the eventual vote that I safe in their own community than they tion; Mennonite Central Committee; Safer took. But I could walk out of the office did a year ago. It is not a political Foundation; Just Detention International; when that was going on and I could see issue. To me, it has always been a per- Justice Policy Institute; Law Enforcement the young people on those phones and sonal issue, a leadership issue. I was Against Prohibition; Union for Reform Juda- see how battered they often were, from warned when I first started raising this ism; Lawyers’ Committee for Civil Rights; the advice which, quite frankly, wasn’t issue in Virginia 7 years ago that this Church of Scientology; United Methodist could actually kill my political cam- Church, General Board of Church and Soci- always pleasantly given. ety; American Humanist Association; Na- With respect to casework, I had the paign. It didn’t. People responded. tional Advocacy Center of the Sisters of the great pleasure and unique experience So since I was not on the Judiciary Good Shepherd; Healing Communities Prison when I was 25 years old, on the Sec- Committee, we worked on this legisla- Ministry and Prisoner Reentry Project; retary of the Navy’s staff, of how to do tion to create a national commission Marijuana Policy Project; Citizens United casework. It opened my eyes to how to examine all the aspects of the crimi- for the Rehabilitation of Errants (CURE). many people there are in this country nal justice system, and we did it right National Organization for the Reform of out of our office, with Doug Ierley Marijuana Laws; Corporation for Supportive who simply don’t know how to open the Housing; National Employment Law Project; door to get their needs solved by the being the point person for the entire United Church of Christ/Justice and Witness government that has set its require- country to get this debate going in a Ministries; National African American Drug ments on them. I did this for John way that it hadn’t been debated before. Policy Coalition, Inc; American Probation Chafee when he was Secretary of the We met in our own office with more and Parole Association; Women of Reform Navy, and I did it for John Warner than 100 different organizations in our Judaism; Students for Sensible Drug Policy; when he was Secretary of the Navy. I conference room. We had a bill a little The Fortune Society; Black Law Enforce- strongly emphasized to the people who more than a year ago that reached the ment in America; Therapeutic Communities floor of this Senate. of America; National Treatment Account- handled our casework what an impor- ability for Safer Communities; National As- tant job it was they were doing. I would ask the Presiding Officer or sociation of Criminal Defense Lawyers; The In the time we have been in the Sen- any of my other colleagues when is the Leadership Conference on Civil and Human ate, our staff has resolved more than last time they have seen a criminal Rights; National Association for the Ad- 40,000 personal cases. More than 40,000 justice bill endorsed by—I have two vancement of Colored People; National Asso- people who had not known, in many pages of organizational endorsements— ciation of Social Workers; NETWORK—A Na- cases, even how to approach their gov- the National Sheriffs Association, the tional Catholic Social Justice Lobby; Com- ernment have received personal assist- Marijuana Project, the Fraternal Order munity Action Partnership; Safe Streets ance that has helped them solve other of Police, the International Associa- Arts Foundation; November Coalition; TASH—Equity, Opportunity and Inclusion problems in their lives. In fact, Andrea tion of Chiefs of Police, the ACLU, and for People with Disabilities; Drug Policy Al- Trotter, JoAnn Pulliam, Debra the Sentencing Project. We got a buy- liance; American Civil Liberties Union; Na- Lawson, Gwen Sigda, and Debby Bur- in from across the philosophical spec- tional Council of La Raza; National Associa- roughs are on our staff, and each one of trum for a mere $14 million commis- tion of Evangelicals; National Alliance of them resolved more than 3,000 cases sion where we could receive the advice Faith and Justice; The Episcopal Church; during the time I have been in the Sen- from the experts in this country on an National Gay and Lesbian Task Force Action ate. issue that we have not received their Fund. On legislative and political issues I advice on since the 1960s. Mr. WEBB. We have had a lot of dis- would say that before I came to the One of the great disappointments of cussion over the last 6 years about the Senate, I made promises on the cam- my time here has been the fact that so-called pivot to Asia. I will say as paign trail and we kept those promises. this simple, sensible piece of legisla- someone who has spent a great deal of The greatest achievements, in my tion was filibustered. We got 57 votes time in and out of east Asia that this view, during this term were made right on it. For some reason, the people on pivot was heavily influenced by the ac- out of our office, not because we were the other side of the aisle decided this tions, again, taken directly out of our responding to the suggestions of some shouldn’t happen. We did get four votes office. We looked for people to come committee work or from the executive from the other side of the aisle. Even and work with us who had expertise branch saying they wanted something, the National Review, which is one of and the intellect to work not only on but because we continually made sug- the most conservative magazines in the the Hill, not only with Members of gestions to those committees and to country, said filibustering this piece of Congress, and not only with the State the executive branch about what we legislation was ‘‘insane.’’ Department, but with our embassies thought needed to be done. I ask unanimous consent to have around the world, with foreign leaders, My first day in office I introduced a printed in the RECORD at this time the with validators, to take a different ap- new GI bill. I had talked about it for endorsers of that legislation for the proach and to refocus the energy of the years. The logic was very simple. These historical record. United States on this most vital part

VerDate Mar 15 2010 23:43 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.011 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7651 of the world. David Bonine, Marta spent a great deal of energy for more William Edwards, Legislative Assistant on McLellan Ross, Gordon Peterson, and than 30 years now in an effort to heal Veterans Affairs Philip Brady were among them. the final wound of that war, which is Maribel Ramos, Legislative Assistant on Our many visits to this part of the the relationship between our Viet- Women’s Issues, Indian Affairs, Immigration world sometimes included five coun- Patrick Day, Legislative Correspondent namese community here in the United Amy E. Hensley, Legislative Cor- tries in 2 weeks, traveling solely via States and the government inside Viet- respondent commercial air rather than with mili- nam. Ashleigh Owens, Legislative Correspondent tary codel support, and included re- We have worked in Thailand, Singa- Jacob E. Terrell, Legislative Cor- peated meetings with the top leader- pore, Laos. I was the first American respondent ship of countries such as Japan, Korea, Senator to visit Laos in 7 years, the Jacqueline R. Ball, Legislative Cor- Vietnam, Thailand, Singapore, Indo- first Member of Congress to visit Cam- respondent nesia, and Burma, all of which rep- bodia in 2 years when we visited Indo- Jennifer Ann Bryant, Legislative Cor- resent the future of the United States nesia. We worked hard on the sov- respondent John L. (Luke) Principato, Legislative in terms of trade, security, and cul- ereignty and maritime issues in the Correspondent tural growth in the coming decades. South China Sea. We initiated and Kyle Grantier, Legislative Correspondent With respect to Burma, it was a great sponsored two important Senate reso- Nathan D. Buniva, Legislative Cor- moment for me to be able to sit down lutions regarding China’s recent ag- respondent with and see Aung San Suu Kyi, recog- gression in the South China Sea. Olivia N. Marshall, Legislative Cor- nized by the Congress a month or so Again, we initiated this from the staff respondent ago, coming to this country as an members in our office. Sara Brown, Legislative Correspondent elected member of their Parliament. I could go on. Let me just say that Will Rosenthal, Legislative Correspondent We began the change in that relation- the other areas—important areas—that Nelson M. Jones, III, Legislative Director and Counsel on Judiciary ship directly from our office based on our staff has worked on in the past 6 David N. Bonine, Legislative Director work I had begun and become inter- years include our pioneering work in Michael L. Sozan, Legislative Director ested in over a period of 6 years before economic fairness, the need for strong- Regan Gwyn Dutton, Norton Caseworker I was elected to the Senate. er programs in the area of adult edu- Director I am very proud to say we laid the cation, the efforts from inside our of- Gwen Sidga, NOVA Casework Director groundwork for a historic visit in 2009 fice to encourage a full spectrum of en- Matthew Scott Lucas, NOVA Casework from inside our office—often, I would ergy development, the preservation of Barrett Kinsella, NOVA Caseworker say, against the will and against the Civil War battlefields, and the vital Kali A. Matalon, NOVA Caseworker advice of our own State Department. need to rebalance the constitutional Tuy Q. Le, Outreach Staff We used validators. We talked to peo- Anne Elizabeth Hughes, Press Assistant relationship between the Congress and S. Logan Gibson, Press Assistant ple we knew in the region. I became the the Presidency, which I have pursued Allison H. Jaslow, Press Secretary only American leader ever to meet in both administrations that have been Kimberly Hunter, Press Secretary with GEN Than Shwe, the leader of the in office while I have been a Member of A. Nicholas Cohen, Richmond Caseworker military junta, to express my belief the U.S. Senate. Hope L. Elliott-Murphy, Richmond Case- that we could work forward and have a Mr. President, at this point, because worker different relationship. We met with I really will not have time to list all of Justin Jennings, Richmond Caseworker Aung San Suu Kyi. I hope those who the contributions by my staff mem- Joann B. Pulliam, Richmond-Deputy State had some doubts about the wisdom of Director bers, I ask unanimous consent that the Deborah R. Burroughs, Richmond-Director opening this relationship now can see names and the positions of my staff of Casework the benefits as we are seeing the polit- members be printed in the RECORD. Conaway B. Haskins, III, Richmond-State ical situation beginning to truly There being no objection, the mate- Office Director change in Burma. rial was ordered to be printed in the Louise F. Ware, Richmond-State Office Di- We worked heavily with Japan. This RECORD, as follows: rector is a critical yet often overlooked rela- Kathryn M. Wilmoth, Administrative Di- Linda C. Williams, Richmond-State Office tionship. It involved an effort to re- rector Manager solve basing issues on Okinawa that Staff Arthur B. Scott Assistant to the Frederick W. Hutchins, Jr, Roanoke Case- Chief of Staff worker don’t always get the attention they de- Brittany A. Brown, Scheduler serve in the Congress but have at times Colin MacDermott, Assistant to the Chief of the Staff Jessica VandenBerg, Staff Assistant absolutely paralyzed the political de- Will Jenkins, Communications Director Martin Mash, Special Projects Manager bate inside Japan. Ironically, I first Heather Fluit, Communications Director Cody Huffman, Staff Assistant began working on these issues as a Jessica A. Smith, Communications Direc- Erin Raymond, Staff Assistant military planner in 1974 after I left the tor Gregory Willett, Staff Assistant Marine Corps and was in law school. Rafael Anderson, Constituent Correspond- Hope W. Hurley, Staff Assistant Our staff has met—and I have been a ence Manager Jada Greenhowe, Staff Assistant Verna (Tina) Graham, Danville Caseworker Jonathan Shields, Staff Assistant part of most of these meetings—with Lisa Marie Stark, Director of Scheduling Kevin Franklin, Staff Assistant more than 70 delegations from Japan, Melissa Bruns, Director of Scheduling Liza Bray, Staff Assistant in our office, organized and conducted Carolyn D. Walser, Executive Assistant Mary E. Humphreys, Staff Assistant by our staff. Nadia S. Naviwala, Legislative Aide Russell M. Rivers, Staff Assistant Ann M. Vallandingham, Legislative Assist- In Korea, we led an effort to bring Sarah Broadwater, Staff Assistant ant on Veterans Affairs Daniel L. Gonzales, Systems Adminis- Democratic Senators onboard to sup- Doug Ierley, Legislative Assistant and trator port the critical free-trade agreement Counsel on Economic Issues that is so important not only to our bi- Gordon I. Peterson, Legislative Assistant Joe G. Gallo, Systems Administrator lateral relations but to the signals of for Defense Andrea R. Trotter, Virginia Beach Case- Ali Nouri, Legislative Assistant for Energy worker the United States in that part of the Charles F. Stanton, Virginia Beach Case- world, and we began what I believe is Trent D. Bauserman, Legislative Assistant for Energy and Environment worker something of a pioneering effort to get Juliet M. Beyler, Legislative Assistant for Emily V. Mazich, Virginia Beach Case- Korea and Japan to come together at Veterans Affairs worker the table to realize their common secu- Courtney L. Weaver, Legislative Assistant Jeanne S. Evans, Virginia Beach Field rity interests. on Energy Representative As to Vietnam, I have visited and Trevor L. Dean, Legislative Assistant on Joel R. Alvarenga, Staff Assistant worked inside Vietnam for 18 out of the Environment-Transportation Michael (Mack) McGarvey, Legislative As- sistant on Veterans Affairs last 21 years in addition to having Marta McLellan Ross, Legislative Assist- ant on Foreign Relations Amy Reiter, Strategic Planning Coordi- served there as a marine, I would say. Jennifer Park Stout, Legislative Assistant nator I fought in Vietnam because I be- on Foreign Relations Phillip F. Thompson, Executive Assistant lieved in the importance of that coun- Ann M. Vallandingham, Legislative Assist- Debra T. Lawson, Roanoke Casework Di- try to our relationships in Asia. I have ant on Veterans Affairs rector

VerDate Mar 15 2010 02:01 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.013 S06DEPT1 tjames on DSK6SPTVN1PROD with S7652 CONGRESSIONAL RECORD — SENATE December 6, 2012 Evan Chapman, Staff Assistant has made a proposal to the Congress we have over 400 of these manufac- Michael Mazzuto, Staff Assistant that I believe makes good sense. It is turing facilities that have sprung up Steven D. Le, Staff Assistant based upon the arrangement that was around the country. The United States Darryl Holt, Richmond Caseworker agreed to that Senator MCCONNELL had now has over 50,000 megawatts of wind Kimberly A. Hunter, Press Secretary capacity and the wind resources to Philip O. Brady, Counselor put forward in the 2011 debt ceiling cri- sis that we all lived through. grow that industry substantially more. Mr. WEBB. So to my staff, a heart- Obviously, this is a significant to-do My home State of New Mexico has felt thanks, and to each of those who list. I do not intend to speak about all the 10th best wind resources in the have served with us, I say again, thank of these items. I would like to focus my country, and has built close to 800 you for your contributions to our staff remarks on the need for Congress to megawatts of capacity. While tradi- and, most importantly, to our country. pass the extenders package of tax pro- tional fossil fuel plants use significant And I say also again that I will con- visions. I think this has gotten too lit- amounts of water to generate elec- tinue to expect great things from you tle attention. It deserves to be dealt tricity, wind facilities use almost in the future. You are my legacy. with as a major component of the re- none—meaning that by promoting the Never forget that the people you might sponse to the so-called fiscal cliff. This development of wind power, we can have the honor of leading as you move is, in fact, the Family and Business conserve even more of that precious re- forward in your careers, wherever you Tax Cut Certainty Act of 2012. source. end up, will someday become your leg- While I hope the negotiations to The production tax credit for wind is acy. avert the fiscal cliff are successful, in set to expire in 3 weeks, as these other I yield the floor. my view, we should not wait for a provisions are as well. With it, tens of The PRESIDING OFFICER (Mr. grand bargain in order to finish our thousands of jobs will be lost. In fact, BROWN of Ohio). The senior Senator work on this important tax extender most wind-related companies have al- from New Mexico is recognized. legislation. ready begun to lay off employees. Or- Mr. BINGAMAN. Mr. President, I Tax extenders are different from the ders for new turbines and gearboxes want to first, of course, commend the other fiscal cliff issues for three basic have fallen off significantly, and new Senator from Virginia for his great reasons. Let me describe those reasons. wind installations are expected to de- leadership here in the Senate on a First, tax extenders are much less cline dramatically in 2013 unless Con- whole range of issues. He has served contentious than the other end-of-year gress takes action. with great distinction here, and it has problems that need to be resolved. The Uncertainty comes from many places been an honor for me to serve with tax extender bill on the Senate cal- for those who are in the business world. him. So I congratulate him on the var- endar has strong bipartisan support. In Congress should not continue to add to ious issues he discussed and the various August the Finance Committee ap- that uncertainty. Instead, we should issues he has worked on. I have had the proved it by a large margin. We had extend the production tax credit for good fortune to work and support his support from six Republicans, includ- wind and extend the other expiring pro- efforts on many of those issues. ing the ranking member, Senator visions passed by the Senate Finance Committee on a bipartisan basis. HATCH. All 13 Democrats supported it. I f A second reason the tax extenders believe many more Republicans will WORK TO BE DONE are different from other issues related vote for this legislation if it is brought to the fiscal cliff is that we have a tax Mr. BINGAMAN. Mr. President, I up for consideration here in the Sen- extenders bill that has already been wish to take a few minutes to speak ate. voted on in committee. By contrast, about what needs to be done before we The bill consists entirely of tax cuts. none of us know how the disagreements leave town, before we shut down this It should not be difficult to get Sen- about the Bush tax cuts or sequestra- session of the Congress. In my view, ators to vote for tax cuts, right before tion will be resolved. Those negotia- Congress needs to do five things before Christmases especially. Most of these tions are yet to conclude. But the tax the end of the year to head off difficul- tax cuts have solid bipartisan support. extenders bill has already been nego- ties for our economy. Many of these tax cuts will help the tiated in the Finance Committee. The First, as many have said, the House economy and will help the middle committee agreed to omit provisions needs to take up and pass the middle- class. For example, the bill includes class tax cut—a bill that was already costing billions of dollars. It modified the deduction for tuition expenses, other provisions to make them work passed here in the Senate. That is the which is a $4.2 billion tax cut for col- better or to scale back on them. The first item. That has been given a lot of lege students and their families. It in- Finance Committee approved this bill attention. cludes the deduction for State and by a vote of 19 to 5. Second, both Houses of Congress need local sales taxes. This is a $4.4 billion That level of support means the Fam- to head off most if not all of the sched- tax cut, mainly for people who live in ily and Business Tax Cut Certainty uled sequester. I hope we are able to do States that do not have an income tax, Act, or something close to it, is the tax that. States such as Alaska and Florida and extender bill the Senate is likely to Third, Congress should pass the tax Nevada and Tennessee and Texas and pass this year. Six Republicans voted extenders bill that was reported out of South Dakota and Washington and Wy- for it in committee. We would need just the Senate Finance Committee this oming. It includes an increase in the one more Republican vote to overcome summer, and that is going to be the section 179 expensing limits. This is a a filibuster. subject of most of my comments this $2.4 billion tax cut for small businesses. Some Senators believe tax extenders morning. And it includes an extension of the pro- should only be approved as part of a Fourth, the Congress should repeal duction tax credit for wind energy. plan to do comprehensive tax reform. I the SGR. This is the law that governs This is a tax credit which has bipar- would agree that each tax extender and the rates of reimbursement to pro- tisan support. It has helped create each tax expenditure should be exam- viders under the Medicare Program. thousands of jobs. ined again during comprehensive tax Unless we repeal that law, we will have The production tax credit for wind reform. Each should be made perma- to once again patch the law, as we have energy is a vital component of our Na- nent or phased out based on that re- done for many years now, with a so- tion’s energy policy. Its extension is view. But realistically, the Congress called Medicare doc fix. I think the crucial to taking advantage of our do- will not make those decisions before time has come to go ahead and repeal mestic energy resources and fostering a the end of this year. Tax reform will the law. vibrant and globally competitive in- take the better part of a year to ac- The fifth item I want to mention is dustry. complish or perhaps even longer. We that Congress needs to give the Presi- In just the several short years the will need to pass an extenders bill be- dent the power to raise the debt ceil- wind industry has enjoyed this produc- fore then, and we have one before us ing. At the same time, Congress should tion tax credit, wind installations have today that is worthy of being passed. retain Congress’s right to disapprove of grown immensely and manufacturing A third reason we should pass the tax that increase. But Secretary Geithner facilities have grown to where today extenders package now and not wait

VerDate Mar 15 2010 23:56 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.029 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7653 until the eleventh hour is that waiting customer base for domestic markets. some problems I have with Russia, could force the IRS to delay the tax fil- Today, 95 percent of the world’s con- even though I want Russia to be in the ing season by 10 weeks or more for mil- sumers live outside the United States, WTO and I want this legislation to pass lions of Americans. In fact, we are at and we are producing for those con- so it can be fully implemented. the eleventh hour. I should amend my sumers as well as domestic ones. I will share some things we have comments to make that point very One action that would help our econ- problems with regarding Russia. Let us clear. This need for the IRS to delay omy improve at a faster rate would be take pork exports as an example. In the tax filing season is because the bill to increase trade opportunities over- 2008, U.S. pork sales to Russia totaled extends many provisions that expired seas for American businesses and farm- over 200,000 metric tons. Since that at the end of 2011. They need to be ex- ers. Increased trade helps create jobs, time exports have fallen nearly 60 per- tended for 2012 before people file their increase incomes, and expand opportu- cent due to Russia’s reduced import tax returns beginning in January of nities for innovation. quota and questionable sanitary and 2013. After Congress acts—if it acts— As we have seen over the course of phytosanitary restrictions. I am the IRS needs weeks to finalize tax history and also repeating what Presi- pleased our trade negotiators were able forms and instruction books and to dent John F. Kennedy often spoke to negotiate a satisfactory tariff rate program computers to process the re- about, free and fair trade helps all quota for our pork. But this adminis- turns. boats rise; tration under President Obama has The IRS tells us that the alternative That is to say, countries willing to fallen short in its obligations to stand minimum tax, which is part of this tax lower their trade barriers and allow with U.S. farmers on these sanitary extender package, would cause the big- fair and competitive trade will see and phytosanitary standards; in other gest delay in the filing of new returns growth in their economies. words, standing up for using sound because of the number of tax credits However, history also shows even science instead of some illegitimate and deductions that interact with the among nations with good relations, reason for keeping our products out of alternative minimum tax. trade disputes still arise. That is why Russia. In 2010, when Congress waited until we need a forum to settle international I have communicated time and again December to patch the alternative disputes such as the World Trade Orga- what I expected of this administration minimum tax, 10 million taxpayers had nization does. The WTO allows Amer- because they have to negotiate for us. to delay their filings the next year. In ican businesses a place to take com- In June 2011, I led a bipartisan letter 2007, after another eleventh-hour plaints against unfair trade barriers with Senator NELSON of Nebraska and patch, 13 million taxpayers were de- and have a judicial result. 26 other Senators to Ambassador Kirk layed. Both the patches in 2007 and 2010 For 19 years Russia has worked to- requesting his negotiators follow the were enacted in December. So if we do ward entry into the World Trade Orga- steps we have taken during consider- not patch the AMT—alternative min- nization. Now they are in the World ation of past WTO accessions. I re- imum tax—until January, the con- Trade Organization. I support Russia ferred to China and Vietnam as exam- sequences will be even more severe. being in the World Trade Organization. ples for this administration to follow. At some point, IRS would have to As the world’s eleventh largest econ- When these countries joined the WTO, choose between two options. omy with over 140 million citizens, it is we used these opportunities to obtain Its first option is to postpone the fil- obviously an important market for firm sanitary-phytosanitary commit- ing season for anyone who could be U.S. businesses and farmers looking to ments from those countries that went subject to the AMT and hope that Con- expand their overseas markets. beyond the WTO sanitary- gress enacts a patch. Between 30 mil- Some of Iowa’s heavy equipment phytosanitary agreement. In par- lion and 60 million people would have manufacturers are already exporting ticular, we obtained further commit- to wait to learn how much tax they millions of dollars of equipment to ments in areas of meat inspection owe or whether they will get a refund. Russia. equivalence. The second option is for IRS to pro- Agricultural equipment manufac- In addition, in June of this year, I ceed with the filing season without the tured in facilities all around Iowa is sent another bipartisan letter with AMT patch. This option is even worse. being used by Russian farmers as they Senator NELSON of Nebraska and 32 It would mean 28 million more tax- look to increase their agricultural effi- other Senate colleagues to President payers would be subject to the AMT, ciency and productivity. Obama again laying out our request and they would have to pay $98 billion The World Trade Organization acces- that he stand for American farmers more in tax for 2012. These are middle- sion process afforded us an opportunity and demand more of the Russian Gov- class Americans. Without the patch, to address Russian tariffs against our ernment on sanitary-phytosanitary the AMT will apply to individuals who products. In the accession agreement, issues which would very much benefit earn more than $33,750 in 2012 and cou- Russia has agreed to lower its tariffs our agriculture products going into ples who earn more than $45,000. With- for these construction and agricultural Russia. out the patch, 46 percent of couples fil- equipment products. That obviously As we know, this administration did ing joint returns would owe alternative means increased exports and an in- not use the accession process to fully minimum tax, instead of six percent if crease in good American jobs. address these crucial issues so they we enact the patch. By far the largest percentage of Iowa have to be addressed outside of this This would be a disaster for the mid- exports to Russia consists of grains, process where we do not quite have the dle class. This is the risk we are taking meats, and other agricultural products leverage we would otherwise have. if we delay passing tax extenders. being produced by Iowa’s farmers. Rus- That is why I requested language that I urge my colleagues to take up and sia’s accession into the WTO has been is in this legislation to require our pass this important legislation, send it an important issue for our pork pro- trade negotiators to keep working with to the House so they can do the same, ducers, for our cattlemen, and for our these unfair trade barriers and report and send it to the President before this grain farmers. Iowa’s farmers are some to Congress on their progress. Our Congress finishes its work. of the best in the world. They are truly farmers are some of the very best in The PRESIDING OFFICER. The sen- helping to feed the world. Expanding the world. We cannot allow their prod- ior Senator from Iowa is recognized. opportunities in overseas markets is ucts to be discriminated against based f vital to the future of American agri- upon arbitrary nonscientific and un- culture. Russia has been and I think justifiable reasons. RUSSIA AND MOLDOVA PNTR will continue to be an important mar- In addition to the concerns I repeat- Mr. GRASSLEY. Mr. President, in ket for our farmers. But it does not edly raised on sanitary-phytosanitary this day and age, there is simply no de- come without its challenges. issues, there are other issues at stake nying that our economy is very much a Russia has repeatedly raised barriers with Russia. It is a shame that we are part of a global economy and affected to the U.S. imports based upon restric- handling this bill in a lameduck ses- by it. Gone are the days when busi- tions not supported by sound science. sion when time is so limited. This bill nesses relied solely on growing their So now I am going to tell you about should have been debated at a time

VerDate Mar 15 2010 23:56 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.017 S06DEPT1 tjames on DSK6SPTVN1PROD with S7654 CONGRESSIONAL RECORD — SENATE December 6, 2012 when the Senate could more fully President needs to seize that oppor- cuts for 98 percent of the American evaluate the current course of our rela- tunity the same way it was seized in people, and then let’s prepare, in a de- tionship with Russia. the case of Vietnam and in the case of liberative way, to reform the Tax Code Russia continues to cause challenges China’s accession. and go about the process of stream- in regard to Syria, Iran, and other re- I yield the floor. lining and cutting spending as the new gions of the world where the United The PRESIDING OFFICER (Mr. Congress unfolds. That is what I want- States and our allies are trying to do BROWN of Ohio). The Senator from ed to share. what is right in the name of human Florida is recognized. I yield the floor. dignity and also in the name of na- Mr. NELSON of Florida. Mr. Presi- The PRESIDING OFFICER. The Sen- tional security. I am concerned with dent, I ask unanimous consent to speak ator from Arizona is recognized. Russia’s own human rights issues. That as in morning business Mr. KYL. Mr. President, I want to ad- is why I am very glad the Magnitsky The PRESIDING OFFICER. Without dress the same subject and I certainly provisions are in this bill. objection, it is so ordered. share the views of the Senator from As ranking member of the Senate Ju- f Florida that we have got to solve this diciary Committee, I remain troubled THE FISCAL CLIFF so-called sequester problem because, as by the lack of progress Russia has the Secretary of Defense has said, it Mr. NELSON of Florida. I want to made on protecting intellectual prop- would be disastrous for the Defense De- erty rights. Furthermore, Russian offi- speak to the issue that is beginning to partment to take another $1⁄2 trillion considerably irritate the American cials need to step up their efforts in hit to its budget after already commit- people, and that is they cannot believe combating cyber crimes. There con- ting to do so. that in Washington the two parties tinues to be a large number of cyber at- We have required under our Budget tacks that originate from within Rus- cannot get together to come to an agreement on avoiding the fiscal cliff. Act that the Defense Department re- sia’s borders. duce spending by about $487 billion All that being said, I realize having It is as if some are in denial that there over the next 10 years. To add another Russia in the WTO is a very positive was an election and the President won 1⁄2 trillion to that would, in fact, as step. One of the goals of international reelection, and that a whole bunch of Secretary Panetta said, be disastrous. trade is to build upon relationships be- us won reelection to the Senate and to So I appreciate the comments of my tween nations. Having Russia in the the House. It is as if the ideological ri- colleague. WTO fold will hopefully benefit our na- gidity is still as rigid and doctrinaire Let me speak to the President’s pro- tions as we work together on so many and that the lessons people were telling posal specifically that was made at the issues that concern us, plus, as I have us about bipartisanship, that they de- beginning of the so-called negotiations stated before, having the WTO forum mand bipartisanship—it is as if the here. His offer would increase taxes by available to help our businesses and parties and their leaders did not under- more than $1.6 trillion on individuals, farmers when disputes arise is impor- stand that is what the American people on investment income, small busi- tant. were demanding. I have said I want Russia in the WTO. And here as the drumbeat grows nesses, under the estate tax, farms and I have said there are good opportuni- louder, we approach December 31 and estates, and American energy pro- ties for us there. I just spoke as to why falling off the fiscal cliff. There is an ducers. I think there are problems with Russia easy fix, whatever your ideology and As President Reagan said many years that need to be worked out. President your approach. It can be hammered out ago, if you tax something, you get less Putin is not going to pay any attention next year when we are doing major of it. When you have to pay more taxes to what I say, but I want him to know things such as a rewrite of the IRS Tax to engage in certain activities, you these are issues of the re-Sovietization Code, and all that that can portend in tend not to engage in those activities. of the country and I do not like it. I producing revenue, by making the Code What is happening now in the market favor this bill; I favor working with more streamlined and in the process is a perfect example. A lot of people are Russia. But they are becoming more of get rid of a lot of the underbrush and of the view that capital gains taxes are a problem. I look forward to hearing loopholes, and utilize that revenue to going to go up, so they are selling their from our trade negotiators in the not lower rates. But that is for another day shares of stock or property now in too distant future on their progress in after long deliberation on reforming an order to pay the tax on the gain at the getting Russia to remove the unjustifi- issue that has gotten so complicated it lower rate this year rather than the able barriers to our agricultural prod- is out of control, and that is the Tax higher rate next year. ucts. Code. You cannot do that in the next Tax rates should not be a factor in Furthermore, as President Obama few days. That is what needs to be done business decisions that are made. At looks toward other trade initiatives in in the committee process of the Con- least, raising taxes, as we will see in a the future, I hope this accession proc- gress. moment, is a very big wet blanket on ess will be a lesson. This process could What easily can be done is recognize economic activity and economic have been better, in other words, using that the President won, produce rev- growth. When we are in a situation the leverage the United States has dur- enue with the upper 2 percent paying a where economic growth is clearly less ing these accession negotiations to get little more, and eliminate the seques- than 2 percent, it is not the time to a lot of these disputes settled as we did tration, which is $1 trillion of cuts over raise taxes. As the President himself with China and Vietnam that we have the next 10 years that were never in- said almost exactly 2 years ago, when not fully done with Russia. tended to go into effect after the origi- we decided to extend the tax policy The President has called on Congress nal $1 trillion which a year-and-a-half that is currently in effect and had been to pass this legislation for some time. ago went into effect. This sequestra- for many years before that, to allow But his lack of consultation with Con- tion was intended to be the meat tax rates to go up would be—and this is gress and disregard for the concerns cleaver hanging over the heads of the his quotation—‘‘a blow to the econ- raised by this Senator and other Mem- supercommittee to get them to come omy.’’ bers has only served to delay this to a bipartisan agreement. So if it was true then, it is even more whole process. We cannot keep ap- Of course, a year-and-a-quarter ago, true today because the GDP growth is proaching trade issues in this fashion. they deadlocked six to six and thus less today than it was 2 years ago when This administration needs to have real that is why we are facing this seques- he made that correct comment. But and substantive consultation with Con- tration—$1⁄2 trillion of cuts in defense, the result of his proposal here to raise gress. $1⁄2 trillion of cuts in nondefense discre- taxes by $1.6 trillion would, in fact, re- Furthermore, when there are oppor- tionary spending. Most everybody duce the economic growth, would re- tunities to stand for American busi- thinks they should not go into effect. sult in fewer jobs, would result in less nesses and farmers against unfair trade So let us, for right now, before Decem- investment and, therefore, slower barriers such as the sanitary and ber 31, help eliminate the sequestra- growth in many major sectors of the phytosanitary issues in Russia, the tion. Let’s reintroduce all of the tax economy.

VerDate Mar 15 2010 23:56 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.022 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7655 To show you how unserious his offer will produce more than the average made, in new tax revenues, you can do was, when the Republican leader yes- revenue to the Federal Government. that without touching tax rates. What terday asked unanimous consent to It is clear we are bankrupt, not be- you could do is to put a cap on the have a vote on it, he said, well, the cause we are not going to have enough amount of money the wealthy people in President made his offer. I have put it revenues but because we are spending this country receive in the way of de- into legislative language. Let us have a too much. The question is, is it fair to ductions for various things that they vote on it. The Democratic leader said, send small businesses the bill here for do, the taxes they pay to State and no, we don’t want to do that and he ob- this excessive spending? local government. They have got a big jected, and it is clear why, because not Even if we did believe President mortgage on a second home or some- only would it not receive Republican Obama would dedicate new revenue thing such as that. You could limit the votes, it wouldn’t receive Democratic from tax increases to help pay down amount of money that can be taken in votes. the deficit—and I don’t believe that— special exemptions and credits and de- In particular, let us understand why. new revenue extracted from the top ductions and receive that revenue that A lot of our colleagues here on both two brackets would only fund the gov- way rather than by raising rates. The sides of the aisle appreciate the impact ernment for about a week, a little less President said so. He is right. on small business from raising tax than a week. So that is clearly not the Speaker BOEHNER is saying, all right, rates. That is why there is a lot of dif- answer. Mr. President, you won the election, ference of opinion on the Democratic When the President says, well, we you want more taxes, we are willing to side, as well as the view on the Repub- need to ask the wealthy to pay a little do that. We don’t want to do it, we lican side that this is not the right way more, let us parse that for a second. think it will hurt the economy, but we to raise revenues if you were going to You are not asking them to do it; if are willing to do it. do it. You don’t raise it on the backs of you pass the law, the IRS will come But to minimize the damage on the small business. The plan the President after you if you don’t. This is not a economy, at least do it through elimi- has proposed would hit small busi- pleasant request. This is the IRS say- nating these loopholes, these so-called nesses directly. ing you have to pay more money to the deductions, credits, and special provi- Why is that the case? Because unlike U.S. Government, and the President al- sions. Don’t try to do it by raising tax corporations, which pay their taxes as ways likes to say, a little more. rates because that directly hits the corporations—they pay the 35-percent Well, it is not so little if your tax small businesses you are trying to help corporate rate—individual rates are rate now goes up to almost 40 percent. create jobs right now. the basis under which most small busi- If you are a small businessman and you Here is what small businesses care nesses pay their taxes. These are so- have to pay 40 percent to Uncle Sam, about. They spend a lot. As I say, you called flowthrough entities. Most of you are probably not going to be able have a dad, his two sons, maybe mom the small businesses, owned by an indi- to grow your business. You might not does the accounting for the firm and so vidual and maybe a couple members of be able to stay in business. You cer- on; they have to be concerned about his family—for example, your local tainly are not going to be able to hire the estate tax. Those small businesses plumbing business or air conditioning more people. That is not little to them. spend a lot of money trying to plan business, whatever it might be—pay It is little to funding the U.S. Govern- around paying the estate tax. On Janu- their taxes as individuals. ment. ary 1, if we don’t do anything, there is When you raise the top individual What the President says these small only $1 million exempted. If you have a rate or the second marginal rate or you businesses and others are going to have small business with a bunch of trucks raise capital gains rates or the estate to pay, as I said, only funds the govern- and equipment and the like, you are tax rates, you are directly hitting ment for a little less than a week. It going to have far more than $1 million those small business people. They em- doesn’t solve our deficit problem. It in assets in the business. The same ploy millions of Americans. In fact, doesn’t begin to solve our deficit prob- thing for a farm. about a quarter of all workers today lem. What happens is that rate goes up to are employed in small business. Have you heard the President talk 55 percent. The amount exempted is Over half, about 53 percent exactly, about reducing spending? No. He only $1 million. So everything above $1 of this so-called flowthrough income is doesn’t want to talk about that. It is as million you are paying 55 percent on. the money these small businesses earn. if he says the whole answer to our I can personally tell you the stories So when you raise the top two brack- problem here is to ask the wealthy to of small business people in Phoenix ets, rates, or you raise the capital pay a little bit more. who have had to sell their business be- gains rate, for example, you are di- Well, in terms of the Federal budget, cause they didn’t have the money to rectly impacting these small busi- it is a little bit more. It is not going to pay the taxes. The business, the one I nesses’ ability to capitalize their busi- help very much. Where are you going am thinking of right now, a printing nesses to hire more workers, to buy an- to get the rest of the savings? That is company, is out of business now. It other pickup truck or whatever it what we ought to be talking about used to employ 200 people. It used to might be. That is why we have said if here. make a lot of contributions to charity you want to raise more tax revenues, Then, as I was talking about before, in our community. No more. They are there is a better way to do it than by it is how you do it that matters a lot. out of business. The employees are raising the rates that would directly He should stop pursuing tax rate in- gone. The contributions to charity are apply to these small business people. creases, as I said, and revisit the com- gone. That is what happens when you Let me put this in perspective for ments he made a year ago. Here is don’t care about the estate tax rate. So you. According to the Office of Man- what the President said. ‘‘What we said we should care about that. It shouldn’t agement and Budget figures, govern- was give us’’—to ‘‘give us’’—that is a have to go up. ment spending has exceeded 24 percent nice way of saying we are going to On capital gains, as I said, it is the of the GDP since 2009. That is well make you pay more in taxes. ‘‘Us,’’ I same thing. A lot of people are cashing above the historical average, so we are gather here, is the U.S. Government. out now because they fear there is spending way more than we ever have. going to be a higher rate later. For But, according to CBO, tax revenues, What we said was give us $1.2 trillion in ad- ditional revenues, which could be accom- larger businesses, we see some enor- the money the government brings in, plished without hiking taxes, tax rates, but mous dividends being paid this month. are projected by 2016 to exceed 18 per- could simply be accomplished by eliminating It may not be possible to pay those cent of GDP to get to 18.6 percent of loopholes, eliminating some deductions and dividends starting in January when the GDP by 2022. That is above the histor- engaging in a tax reform process that could dividend rate would skyrocket—close ical average of revenues. So we are have lowered rates generally while broad- to 40 percent if we don’t do anything. spending way more than our historical ening the base. These are not things that help business average. Also, in a relatively short pe- He is right about that. If you want to and job creation. riod of time our revenues, because of get $1.2 billion or 800 billion, which is What I would ask my colleagues to the economy, as well as our tax rates, the offer the Speaker of the House has think of, if you are not willing to vote

VerDate Mar 15 2010 23:56 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.025 S06DEPT1 tjames on DSK6SPTVN1PROD with S7656 CONGRESSIONAL RECORD — SENATE December 6, 2012 on the President’s plan, at least listen journs for the year. If the Senate were their purported examples—there were to what he said a year ago when he said allowed to act in the best interests of no lameduck sessions. Those are not we can raise this tax revenue. We don’t the American people, it would vote to precedents supporting their conten- have to raise tax rates. We can do it by confirm these nominees and reduce the tions seeking to justify their current closing some of these loopholes. judicial vacancies that are plaguing obstruction. He was right about that. If we are our Federal courts. In 2000 and 2008, in keeping with Sen- going to have to raise revenues, I Senate Republicans are establishing ate tradition, the Senate had done its would suggest that is the way to do it— a new and harmful precedent of stall- job and had confirmed all pending at all costs avoid raising tax rates, ing judicial nominees on the Senate nominations and cleared the Calendar. which would, as he said a year ago, be Executive Calendar who are ready for There were no pending judicial nomi- a blow to our economy. final action by insisting that they be nees to be given a final confirmation Mr. President, I note the absence of a delayed into the succeeding year. They vote by the Senate in those years. quorum. held up judicial nominees three years Those are not precedent for the current The PRESIDING OFFICER. The ago, they did it two years ago, they did Republican obstruction. Following the clerk will call the roll. it last year, and they are doing it example from those years would have The assistant legislative clerk pro- again. They have found a new way to meant confirming all the nominations ceeded to call the roll. employ their old trick of a pocket fili- reported before the August recess long Mr. LEAHY. Mr. President, I ask buster. They stall nominees into the before this post-election lame duck ses- unanimous consent that the order for next year and force the Senate to con- sion. the quorum call be rescinded. tinue work on nominees from the past The fact is that from 1980 until this The PRESIDING OFFICER. Without year for the first several months of the year, when a lame duck session fol- objection, it is so ordered. new year. They delay and delay and lowed a presidential election, every f push other confirmations back in time single judicial nominee reported with and then cut off Senate consideration bipartisan Judiciary Committee sup- CONCLUSION OF MORNING of any nominees. port has been confirmed. That is the BUSINESS By way of example, last December, precedent that Senate Republicans are The PRESIDING OFFICER. Morning Senate Republicans refused to confirm now breaking. According to the non- business is closed. a single nominee before the end of the partisan Congressional Research Serv- f year. It then took us until May of the ice, no consensus nominee reported following year to confirm the 19 nomi- prior to the August recess has ever EXECUTIVE SESSION nees they stalled from the previous been denied a vote—before now. That is year’s Calendar, and we achieved that something Senate Democrats have not only after the Majority Leader was NOMINATIONS OF MARK E. WALK- done in any lameduck session, whether forced to file cloture on 17 nominees. ER TO BE UNITED STATES DIS- after a presidential or midterm elec- The fact is that the Senate has been al- TRICT JUDGE FOR THE NORTH- tion. lowed to confirm only 19 nominees who Senate Democrats allowed votes on ERN DISTRICT OF FLORIDA AND were reported this year by the Senate 20 of President George W. Bush’s judi- TERRENCE G. BERG TO BE Judiciary Committee. That is by far cial nominees, including three circuit UNITED STATES DISTRICT the lowest total for a presidential elec- court nominees, in the lameduck ses- JUDGE FOR THE EASTERN DIS- tion year since 1996, when Senate Re- sion after the elections in 2002. I re- TRICT OF MICHIGAN publicans, who were then in the Major- member, I was the Chairman of the Ju- The PRESIDING OFFICER. Under ity, would only allow 17 of President diciary Committee who moved forward the previous order, the Senate will pro- Clinton’s nominees to be confirmed. with those votes, including one on a ceed to executive session to consider These delays in filling judicial vacan- very controversial circuit court nomi- the following nominations, which the cies are harmful to our Nation’s courts nee. The Senate proceeded to confirm clerk will report. and to the American people they serve. judicial nominees in lame duck ses- The assistant legislative clerk read The Senate should be taking action on sions after the elections in 2004 and the nominations of Mark E. Walker, of all the pending nominees so that we 2006. In 2006 that included confirming Florida, to be United States District can make real progress for the Amer- another circuit court nominee. We pro- Judge for the Northern District of ican people and reduce the damagingly ceeded to confirm 19 judicial nominees Florida, and Terrence G. Berg, of high number of judicial vacancies. Fed- in the lame duck session after the elec- Michigan, to be United States District eral judicial vacancies remain near 80. tions in 2010, including five circuit Judge for the Eastern District of By this point in President Bush’s first court nominees. Michigan. term we had reduced judicial vacancies That is our history and recent prece- The PRESIDING OFFICER. Under to 28. There were more than 80 vacan- dent. Those who contend that judicial the previous order, there will be 15 cies when the year began. There were confirmation votes during lame duck minutes of debate, equally divided and more than 80 vacancies this past March sessions do not take place are wrong. I controlled in the usual form. when the Majority Leader was forced urge them to reexamine the false prem- The Senator from Vermont is recog- to take the extraordinary step of filing ises for their contentions and I urge nized. cloture petitions on 17 district court the Senate Republican leadership to re- Mr. LEAHY. Mr. President, today the nominations. And there are still cur- assess its damaging tactics. The new Senate will finally be allowed to vote rently near 80 vacancies today. precedent they are creating is bad for on the nominations of Judge Mark Those who argue that it would be the Senate, the Federal courts and, Walker to fill a vacancy on the U.S. ‘‘unprecedented’’ to confirm long- most importantly, for the American District Court for the Northern Dis- stalled nominations because they have people. trict of Florida and of Terrence Berg to delayed them into this lameduck ses- Moreover, arguments about past Sen- fill a judicial emergency vacancy on sion are wrong. They say that because ate practices do not help fill long- the U.S. District Court for the Eastern there were no lameduck confirmations standing vacancies on our Federal District of Michigan. It has taken far in 1984, 1988, 1992, 1996, 2000, or 2008, we courts, which are in dire need of addi- too long for this day to come but I con- should therefore not confirm these tional assistance. Arguments about gratulate these nominees and their nominees, and we should allow nearly a past Senate practice do not help the families on their confirmations. dozen judicial emergency vacancies to American people obtain justice. There After this vote, the Senate remains remain unfilled. They have omitted are no good reasons to hold up the judi- backlogged with 20 judicial nomina- some important facts. What they fail cial nominations being stalled on the tions reported by the Judiciary Com- to acknowledge is that they have de- Senate Executive Calendar. A wrong- mittee, including 15 nominations from layed action on 17 of these nominees headed desire for partisan payback for before the August recess. They should since before the August recess. In 1984, some imagined offense from years ago be confirmed before the Senate ad- 1988, 1992, and 1996—the first four of is no good reason. A continuing effort

VerDate Mar 15 2010 23:56 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.026 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7657 to gum up the workings of the Senate VIOLENCE AGAINST WOMEN ACT Despite her suffering, she says she’s in a and to delay Senate action on addi- Mr. LEAHY. Mr. President, I have better place than she was before the attack. tional judicial nominees next year is spoken on this subject many times on ‘‘I’m so much more blessed than I was the floor. The people who are affected then,’’ she said. no good reason. The book starts with Tarleton’s decision at It is past time for votes on the four by violence against women have won- 28 to move across the country from her na- circuit nominees and the other 15 dis- dered why the Congress has delayed so tive Vermont to Los Angeles, with her two trict court nominees reported by the long on the Violence Against Women children in tow, to work as a nurse at a Senate Judiciary Committee. When we Reauthorization Act, the bill we passed UCLA hospital. There she met Herb Rodgers, have consensus nominees before us who here in the Senate. If someone is a vic- whom she eventually married. The family can fill judicial vacancies, especially tim of violence, that person can’t un- moved back to Thetford, where her marriage judicial emergency vacancies, it is our derstand such delays. So I think it is started to unravel—in part over Rodgers’ dis- time for the Senate and the House to honesty, Tarleton said. duty to the American people to take Tarleton recalls what she now says was a action on those nominations. Doing so come together to pass the Leahy-Crapo premonition. One evening when she was is consistent with Senate precedent, Violence Against Women Reauthoriza- about to leave for her night shift at the hos- and it is right. Let us do our jobs so tion Act. The other body needs to do pital, her 12-year-old daughter was sobbing that all Americans can have access to what we did overwhelmingly in this in bedroom. When she asked what was justice. Senate. wrong, her daughter said, ‘‘Something real- Today, we will vote on two consensus Earlier this week, I read in the Bur- ly, really bad is going to happen to you.’’ nominees who were stalled for months lington, VT, Free Press the story of Eight months later, it did. Rodgers is serv- Carmen Tarleton. She is a woman from ing a minimum of 30 years in prison for the for no good reason, and are finally re- June 2007 attack. ceiving a vote. Judge Walker is nomi- Thetford, VT. Thetford, VT, is a small, When she set out to write the book three nated to fill a judicial vacancy on the quiet, beautiful little town in our years later with only limited vision in one U.S. District Court for the Northern State. eye, she stalled when it came time to explain District of Florida. He has served as a Five years ago, Carmen’s estranged what Rodgers had done to her that night. state court judge since 2009, and pre- husband broke into her home, he beat She had to coach herself through it. viously spent 10 years in private prac- her with a baseball bat, and he poured ‘‘Alone at my magnifying machine, I felt industrial strength lye on her, severely physically ill with what I was doing,’’ she tice. After law school he clerked for wrote. ‘‘The experience of reliving that Judge Emmett Ripley Cox on the U.S. burning a great deal of her body and nearly blinding her. Her doctors said night, trying to capture every detail as viv- Court of Appeals for the Eleventh Cir- idly as I remembered it, was sickening. Half- cuit and Judge Robert L. Hinkle on the she had suffered the most horrific in- way through, I let my pen drop and rushed to U.S. District Court for the Northern jury a human being could suffer. Today my bedroom, the edges of my limited vision District of Florida. The nonpartisan she is still disfigured and continues to blackening.’’ ABA Standing Committee on the Fed- experience pain from these injuries of 5 It took her two days to write it. It was eral Judiciary unanimously rated him years ago. She is currently awaiting scary, but it was what she wanted to do, she approval for a procedure that could said. well qualified—its highest rating. She talked out the rest of the book and re- Judge Walker’s nomination has the bi- help her get a face transplant. Despite this, Carmen is courageously sharing corded it. She hired Writers of the Round partisan support of his home state Sen- Table Press to write it all down, including her story in a book that she has writ- ators, Democratic Senator BILL NEL- dialogue she had recalled. ten called Overcome: Burned, Blinded, SON and Republican Senator MARCO ‘‘I was paying attention, because some of it and Blessed. RUBIO. I couldn’t forget if I wanted to,’’ she said. Terrence Berg is nominated to fill a Stories such as Carmen’s remind me She writes about facing Rodgers in court, that every day we do not pass VAWA how she dealt with being blind and dis- judicial emergency vacancy on the U.S. more people are suffering. figured, her pain, the help she has received District Court for the Eastern District I ask unanimous consent to have from her community, family and friends, and of Michigan. Since 2011, he has served printed in the RECORD a copy of the ar- how she came to forgive the man who on detail in the Professional Mis- ticle to which I referred. maimed her so she could get on with her own conduct Review Unit, in the Office of There being no objection, the mate- life. the Deputy Attorney General at the ‘‘That’s where I feel people get stuck be- rial was ordered to be printed in the cause we don’t have a segment of our society U.S. Department of Justice. He pre- RECORD, as follows: viously served as interim U.S. Attor- that says just because this terrible thing [From the Burlington Free Press, happened to you it doesn’t have to ruin the ney and First Assistant U.S. Attorney Dec, 3, 2012] rest of your life,’’ she said. ‘‘And I want to be in the Eastern District of Michigan and LYE ATTACK VICTIM WRITES OF FORGIVENESS the example of that because it doesn’t.’’ has received many awards for his serv- (By Lisa Rathke) Publishing the book was a no-brainer for Writers of the Round Table Press, which ice as a Federal prosecutor. After grad- MONTPELIER, VT.—While Carmen Tarleton uating from law school he clerked for lay in a hospital bed, burned, beaten and dis- helped Tarleton write it, said vice president the Honorable Anthony A. Alaimo in figured by her estranged husband with inju- David Cohen. the U.S. District Court for the South- ries that doctors called ‘‘the most horrific ‘‘Taking that kind of experience and turn- injury a human being could suffer,’’ she had ing that energy into something positive and ern District of Georgia, and has spent wanting to go out there and effect change most of his career as a Federal pros- vivid dreams. In one of the most memorable, dozens of with as much as she had to overcome, to me ecutor. His nomination has the support doors stretched around her. ‘‘Life is a was just striking,’’ Cohen said. of his home state senators, Senator choice,’’ a voice said. And then the words ap- As she awaits approval for a procedure LEVIN and Senator STABENOW. peared one at a time in white across a dark that could help her get a face transplant, she The Judiciary Committee reported movie screen: LIFE IS A CHOICE. looks forward to feeling well enough to both nominations by voice vote—Judge Tarleton carried that lesson with her speak publicly again about her ordeal to help Walker was reported six months ago, through her ongoing, daunting and remark- others. She has had several recent surgeries able recovery after her ex broke into her to install a catheter in her chest and was and Mr. Berg was reported five months sick last winter with hyperthyroidism. ago. After the Senate is finally allowed Theftord home five years ago, beat her with a baseball bat and poured industrial- ‘‘When life gives you a big negative situa- to confirm them, we need to move on strength lye on her, burning most of her tion like I’d been through, if you can get to consider and confirm the rest of the body. through that, you can really find all of the nominees who have been stalled on the Tarleton, who at age 44 continues to under- blessings and all of the positive things that Senate Executive Calendar so that all go surgeries and awaits a possible face trans- can come out of that,’’ she said. ‘‘And I found Americans will have better access to plant, has written a book that will be pub- so much that I would not go back.’’ justice. lished in March called ‘‘Overcome: Burned, Mr. LEAHY. Mr. President, the dis- I ask unanimous consent to speak on Blinded and Blessed.’’ She hopes it will speak tinguished Presiding Officer was a to abuse victims and others. strong supporter of this bill—the Vio- my time, without delaying the vote, as ‘‘I think I can help a whole bunch of peo- in morning business on another critical ple, not just domestic violence people,’’ she lence Against Women Reauthorization matter. said in a recent interview with The Associ- Act, as many of our colleagues were on The PRESIDING OFFICER. Without ated Press. ‘‘I think I can help a whole bunch both sides of the aisle. We tried to keep objection, it is so ordered. of people wherever you are in your life.’’ this a nonpartisan bill—even beyond

VerDate Mar 15 2010 02:01 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.024 S06DEPT1 tjames on DSK6SPTVN1PROD with S7658 CONGRESSIONAL RECORD — SENATE December 6, 2012 bipartisan, a nonpartisan bill—because lows defendants to remove a case to the books (and sponsored by House Judiciary certainly my experience has been that Federal court if any defendants’ rights Committee Chairman Lamar Smith) that violence occurs not because a woman is are violated. This modification should permits federal removal of state court crimi- a Republican or a Democrat or an Inde- ensure that only those tribes that are nal cases. We urge you to take a serious look at the Issa/Cole proposal in the coming days. pendent. Violence against women oc- following the requirements of the law It is the strong hope of tribal leaders that curs in all stratum, in all categories. and providing full rights can exercise Section 904 will rarely need to be used, but Senator CRAPO and I put together our jurisdiction, and that defendants can there are several reasons why this provision bill after listening to victims and the raise challenges at the beginning of a is so critical. First, it would create a very professionals who work with them case. important and much needed deterrent that is every day. We did not want provisions Some in the House Republican lead- currently lacking, given the absence of trib- in our bill included to score political ership have expressed a ‘‘just say no’’ al jurisdiction over non-Indian domestic vio- points. They were there to address the approach to any grant of tribal juris- lence offenders. Second, serious offenses will diction, but the House Republican lead- most likely continue to be referred for fed- urgent needs of vulnerable victims. eral prosecution because tribes are far from That was the one thing we wanted. ership should give serious consider- eager to incur the costs of additional pros- This wasn’t a Democratic or Repub- ation to this Republican proposal so we ecutions and incarcerations. And third, given lican bill, this was to address vulner- can move forward and protect thou- the long history of the inadequate federal re- able victims. sands of victims, non-Native Ameri- sponse to crime in Indian country—particu- One key provision in our bipartisan cans and Native Americans. larly in misdemeanor-level domestic vio- bill would allow tribal courts limited The National Congress of American lence cases—it is imperative that tribal gov- jurisdiction to consider domestic vio- Indians has sent a letter and urged ernments have the tools to intervene early lence offenses committed by non-Indi- Senator CRAPO and me to take a seri- and often to protect Native women and pre- vent the escalation of violence. ans against Indian women on tribal ous look at the Issa-Cole provisions. Under the current scheme, non-Indian per- lands. On this, I relied on the experi- We are. I have consulted with Senators petrators in Indian country are often shield- ences of Senator CRAPO and others who on both sides of the aisle regarding this ed from accountability at the expense of the come from States where there are trib- proposal so we can find a way forward. safety of Indian women. Section 904 would al lands. As we went into this and I urge the House Republican leadership help reverse this trend. This provision is es- talked to the leaders of various tribes to do so as well. sential to the safety of Native women, and from around this country, I heard that I ask unanimous consent to have NCAI cannot support any VAWA bill that printed in the RECORD a copy of the does not contain some form of it (see at- violence against Native women is not tached NCAI Resolution #SAC–12–038). only appalling, as we knew, but it has NCAI letter. There being no objection, the mate- Should you have any questions or need addi- become an epidemic. It has been re- tional information please contact myself, ported that almost three in five Native rial was ordered to be printed in the John Dossett, or Katy Tyndell at 202–466–7767 women have been assaulted by their RECORD, as follows: or [email protected], [email protected]. spouses or intimate partners. Much of NATIONAL CONGRESS Sincerely, OF AMERICAN INDIANS, the violence is committed by non-Na- JEFFERSON KEEL, Washington, DC, November 30, 2012. President. tive Americans—non-Indians. Hon. PATRICK J. LEAHY, Federal and State law enforcement Chairman, U.S. Senate Committee on the Judici- NATIONAL CONGRESS OF AMERICAN INDIANS may be hours away and lack the re- ary, Dirksen Senate Office Building, Wash- The National Congress of American Indians sources to respond to these cases, while ington, DC. Resolution #SAC–12–038 tribal courts lack jurisdiction to con- Hon. MICHAEL D. CRAPO, Title: Support for Immediate Passage of the sider these cases. So what happens? Dirksen Senate Office Building, U.S. Senate, VAWA Reauthorization with Tribal Crimi- The perpetrators are, in effect, immune Washington, DC. nal Jurisdiction Provision Intact DEAR CHAIRMAN LEAHY AND SENATOR Whereas, we, the members of the National from the law. The worst part about it CRAPO: The National Congress of American is they know they are immune from Congress of American Indians of the United Indians (NCAI) is pleased to hear that seri- States, invoking the divine blessing of the the law. So the jurisdiction provision ous efforts may be under way to resolve the Creator upon our efforts and purposes, in in the Senate Leahy-Crapo bill would impasse between the Senate and the House order to preserve for ourselves and our de- be a significant step toward addressing on the Violence Against Women Reauthor- scendants the inherent sovereign rights of this horrific problem, but it would also ization Act (VAWA). Enhancing the safety of our Indian nations, rights secured under In- ensure that no abuser is above the law. Native women is one of NCAI’s highest prior- dian treaties and agreements with the As the President said yesterday in a ities, and we support immediate passage of a United States, and all other rights and bene- strong, inclusive VAWA bill that contains fits to which we are entitled under the laws speech to the Tribal Nations Con- key protections for Native women, including ference: ‘‘With domestic violence so and Constitution of the United States, to en- those contained in Section 904 of the bipar- lighten the public toward a better under- prevalent on reservations, we’re push- tisan Senate VAWA bill that passed earlier standing of the Indian people, to preserve In- ing Congress to restore your power to this year (S.1925). dian cultural values, and otherwise promote bring to justice anyone—Indian or non- Section 904 takes small but historic steps the health, safety and welfare of the Indian Indian—who hurts a woman.’’ to overcome the systemic barriers that pre- people, do hereby establish and submit the Even though our tribal provision is vent equal access to justice for Native following resolution; and limited and guarantees comprehensive women by giving tribes limited authority to Whereas, the National Congress of Amer- prosecute domestic violence and dating vio- ican Indians (NCAI) was established in 1944 rights, House Republicans have ob- lence at the local level. NCAI commends the jected to it. So I come to the Senate and is the oldest and largest national organi- two of you for your leadership on this provi- zation of American Indian and Alaska Native floor to report to my colleagues what I sion. We strongly support Section 904 as it tribal governments; and hope is a breakthrough on this issue in stands in S.1925, but we understand the legis- Whereas, violence directed at American In- this important bill. Two conservative lative process. A reasonably modified version dian and Alaska Native women continues at House Republicans, with leadership po- of Section 904 would be vastly preferable to epidemic levels on many Indian reservations sitions in the Republican House major- the current situation on tribal lands. and communities, and is culturally, legally Tribes understand and support protecting ity, have introduced a reasonable, mid- and morally an impermissible state of af- the rights of criminal defendants. That is fairs; and dle-ground position regarding tribal ju- why we support reasonable improvements to Whereas, Alaska Native women are espe- risdiction. Section 904 that would further achieve those cially vulnerable to this type of violence and Representative ISSA of California and ends. For example, tribes are currently urg- the current system of justice in Alaska fails Representative COLE of Oklahoma have ing consideration of a removal provision like to adequately protect Alaska Native victims introduced the Violence Against Indian that in the bill recently introduced in the of sexual and domestic violence; and Women Act, H.R. 6625. Their cosponsors House of Representatives by Representatives Whereas, the NCAI has consistently sup- include Republicans from North Caro- Darrell Issa and Tom Cole. The provision in ported key changes to the Violence Against lina, Minnesota and Idaho. They all the Issa/Cole bill would give criminal defend- Women Act (VAWA), last authorized by Con- ants in tribal court the right to remove pros- have tribes within their states and are gress in 2005 for a six year period, the reau- ecutions to federal court for consideration of thorization of which Congress has been con- concerned about the violence our Sen- any constitutional infirmities. It is a con- sidering since 2010; and ate bill is trying to combat. The Issa- cept based loosely on the recently enacted 28 Whereas, one of the key provisions of the Cole bill includes a provision that al- U.S.C. 1455—a federal procedure currently on reauthorization has been the restoration of

VerDate Mar 15 2010 00:54 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.031 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7659 Tribal jurisdiction over non-Indian perpetra- fore we adjourn this year, he will sign trict of Michigan, received a ‘‘Well tors of violence directed at Native American it. Because with every day, every week, Qualified’’ rating from the American women that occurs within the boundaries of every month that goes by there are Bar Association Standing Committee an Indian reservation; and Whereas, this VAWA tribal criminal juris- more horrific accounts of domestic and on the Federal Judiciary. He graduated diction provision has bipartisan support in sexual violence. Whether it is a victim from the Georgetown University Law both chambers of Congress; and in Thetford, VT, or Kansas City, we Center, and then went on to clerk for Whereas, recent actions in Congress failed owe it to them to come together to find U.S. District judge. His career has been to reauthorize VAWA, with the House citing, a compromise. dedicated to public service. Since 2003, among other things, the restoration of Trib- I have said this before several times: he has worked at the United States At- al jurisdiction as a stumbling block to reau- I still have nightmares from the do- torney’s Office for the Eastern District thorization; and mestic violence crime scenes I saw as a Whereas, the longer the stalemate regard- of Michigan where he has worked on ing reauthorization of VAWA continues, the prosecutor in Vermont. I became a various cybercrime issues, has super- larger the number of Native American and prosecutor at a time when many of the vised criminal, civil, and administra- other women who will lose their lives and laws were changing—search and seizure tive divisions, and has handled a full their health because of acts of violence di- laws, Miranda laws, and so forth—and I fraud case docket, including theft of rected at them by men who do not believe would go with the police to crime trade secrets, mortgage fraud, health they will be prosecuted for their criminal scenes to give them advice on what the care fraud, corporate fraud and other acts: Now therefore be it new laws might mean. A lot of times Resolved, That the NCAI will not support a white collar crime cases. During this VAWA reauthorization bill that does not those scenes were at 2 or 3 o’clock in time, he received the Assistant Attor- contain some form of the tribal criminal ju- the morning. Many times we would see ney General’s Award for Distinguished risdiction provision that would give tribes battered women, sometimes women no Service and the Director’s Award for authority to prosecute all persons who com- longer alive. I had nightmares from Superior Performance in a Managerial mit domestic violence on tribal lands; and be those. But I remember the police never or Supervisory Role. it further asked: Is this an immigrant? Is this Prior to that service, Mr. Berg Resolved, That the NCAI calls on Congress woman gay or straight? Is this woman worked for the Michigan Attorney Gen- to immediately pass a final Violence Against Women Reauthorization Act that includes Native American? They just wanted to eral where he established and super- some form of the Tribal criminal jurisdic- stop the crime from happening again, vised the State’s first computer crime tion; and be it further and this legislation would give them a prosecution unit. He also served at the Resolved, That the NCAI urges Congress to lot of tools so they can do that. The U.S. Department of Justice here in include specific protections for Alaska Na- thought that our inaction could lead to Washington as a Computer Crime Fel- tive victims of sexual assault, domestic vio- more scenes such as those I saw would low. He has also served as an adjunct lence, dating violence, and stalking in any be tragic. professor at the University of Detroit final VAWA reauthorization bill; and be it fi- Congress must act now to protect Mercy School of Law and the Wayne nally Resolved, That this resolution shall be the victims of rape and domestic violence. State University Law School. policy of NCAI until it is withdrawn or modi- I am optimistic we can move together Mr. Berg has served on the Catholic fied by subsequent resolution. now that several House Republicans Lawyers’ Society Board of Directors, CERTIFICATION support a compromise position on trib- American Constitution Society and the The foregoing resolution was adopted by al jurisdiction. I look forward to hear- State Bar of Michigan Committee on the General Assembly at the 2012 Annual ing from the House Republican leader- Judicial and Professional Ethics and Session of the National Congress of Amer- ship. has published numerous articles on ican Indians, held at the Sacramento Con- Mr. President, I know we are going to cybercrime. vention Center from October 21–26, 2012 in vote at 12, so I yield the floor. Mr. NELSON of Florida. Mr. Presi- Sacramento, California, with a quorum The PRESIDING OFFICER. The Sen- dent, I wish to congratulate Judge present. ator from Michigan. Walker on his confirmation vote today. Mr. LEAHY. Mr. President, already, Mr. LEVIN. Mr. President, let me He has been waiting patiently since he eight House Republicans have endorsed first thank Senator LEAHY and mem- was voted out of committee in June, this approach in a letter to Speaker bers of the Judiciary Committee for and the Northern District of Florida BOEHNER urging passage of our VAWA the hearing they held on Terry Berg’s will be well served by his confirmation. legislation with this compromise. I am nomination for the U.S. District Court A Florida native, Judge Walker was reaching out to them and to members for the Eastern District of Michigan. I born in Winter Garden. of both parties in both houses of Con- know how hard Senator LEAHY works He received his bachelor’s degree gress asking them to consider how we to get these judges and their judicial from the University of Florida where can bridge differences and get VAWA nominations to the floor, and we are he graduated first in his class. reauthorization legislation enacted to deeply appreciative for all the efforts He earned his law degree at the Uni- meaningfully address the brutal vio- over all the years—indeed, may I say versity of Florida as well. lence on tribal lands. decades—of my good friend Senator He has clerked for Justice Stephen I remain committed to finding solu- LEAHY. Grimes of the Florida Supreme Court tions to all the areas of contention be- I think every member of the Judici- and Judge Robert Hinkle of the North- tween the House and the Senate on ary Committee who had the chance to ern District of Florida. VAWA. We ought to be able to pass leg- read the record or to be there during He served as an assistant public de- islation that includes provisions ad- the hearing will agree Mr. Berg is an fender of Florida’s Second Judicial Cir- dressing the violence on tribal lands outstanding nominee for our district cuit from 1997 to 1999, before then and the need to protect immigrant court bench. I will not go through all spending a decade in private practice women and those who have not had ac- his background. Mr. Berg’s qualifica- where he specialized in civil litigation cess to services because of their sexual tions are extraordinarily impressive. and criminal defense. orientation or gender identity. I be- He will make an excellent addition to And since 2009, he has had an out- lieve we can find acceptable versions of the Eastern District Court. He is going standing record as a circuit judge, liv- the Senate bill’s new protections for to serve with great distinction, and all ing in Tallahassee. students and other key provisions. I of us—and I know I speak for Senator We have another district judge nomi- am reaching out to the House Repub- STABENOW as well in terms of strongly nation pending on the Senate calendar lican leadership. I look forward to their supporting this nomination—thank our as well. seizing this opportunity provided by colleagues for bringing this nomina- Judge Brian Davis would fill a judi- these senior House Republicans to tion to the floor and for the strong sup- cial emergency for the Middle District work with me and Senator CRAPO and port it got in the Judiciary Committee. of Florida, and I urge my colleagues to the 68 Senators from both parties who Mr LEVIN. Mr. President, Terrence, take up this vote as soon as possible. voted for the Leahy-Crapo VAWA bill or ‘‘Terry’’ Berg, whom the President I hope the Senate can work to elimi- last April. If we can complete our work has nominated to the federal bench in nate the backlog of nominees pending and send this bill to the President be- the District Court for the Eastern Dis- on the floor.

VerDate Mar 15 2010 02:01 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\A06DE6.008 S06DEPT1 tjames on DSK6SPTVN1PROD with S7660 CONGRESSIONAL RECORD — SENATE December 6, 2012 Even nominees with the support of beef, we will sell more aircraft, we will of the concerns we all have regarding both home State Senators are being sell more tractors, and we will sell our bilateral trade relations with Rus- held up. more medical equipment. Our banks sia. The high level of judicial vacancies and insurance companies will grow. Finally, I would like to thank my across the country puts at risk the PNTR will give our knowledge indus- friend and colleague, Senator BAUCUS, ability of all Americans to have a fair tries greater protections for their in- and his wonderful staff because he and hearing in court. tellectual property, and our farmers his staff have had a great willingness I yield the floor. will have new tools to fight unscien- to work with us to make sure our con- With that, I yield the floor, and I tific trade barriers. If we pass PNTR, cerns were addressed in the bill. At the suggest the absence of a quorum. American exports to Russia are ex- conclusion of my remarks I will pro- The PRESIDING OFFICER. The pected to double in 5 years. This bill vide for the RECORD a list of names of clerk will call the roll. has strong enforcement provisions to staff members from both our offices. The bill clerk proceeded to call the help ensure that American farmers, The process we undertook in the Fi- roll. ranchers, businesses, and exporters get nance Committee is emblematic of how Mr. BAUCUS. Mr. President, I ask the full benefit of PNTR. This bill has the Finance Committee should work. It unanimous consent that the order for strong human rights provisions. Sen- is my sincere hope this will be a model the quorum call be rescinded. ator CARDIN’s Magnitsky Act punishes for future legislation. Working to- The PRESIDING OFFICER. Without human rights violations in Russia and gether, I am confident we can continue objection, it is so ordered. helps to address the corruption prob- to develop policies to grow our econ- f lems Russia now faces. omy through international trade and, In July, the Finance Committee hopefully, help advance the rule of law LEGISLATIVE SESSION voted unanimously, 24 to 0, in favor of around the world. This is a good pack- The PRESIDING OFFICER. Under PNTR legislation. Last month, the age that deserves our strong support. I the previous order, the Senate will re- House of Representatives passed the urge all of my colleagues to join me in sume legislative session. PNTR legislation now before us with supporting this bill. I believe we have to do more in the f 365 ‘‘yes’’ votes. Now we need to act to pass this bill that supports U.S. jobs. international trade world. Earlier, due RUSSIA AND MOLDOVA JACKSON- Let’s take advantage of this oppor- to the efforts of the distinguished VANIK REPEAL AND SERGEI tunity to take a good vote on a good chairman, Senator BAUCUS, and his MAGNITSKY RULE OF LAW AC- bill. I urge my colleagues to vote in staff and my staff, we were able to get COUNTABILITY ACT OF 2012 favor of giving U.S. workers and busi- the Korean, Colombian, and Panama- The PRESIDING OFFICER. Under nesses a chance to compete and vote in nian treaties through. These were steps the previous order, the Senate proceeds favor of the PNTR. in the right direction for all of these to consideration of H.R. 6156, which the I thank my colleague from Utah, years, and to have this happen is going clerk will report by title. Senator HATCH. He is a great person, to be a wonderful thing, I think, for The bill clerk read as follows: and we have worked very closely. The our country and for Russia itself, and A bill (H.R. 6156) to authorize the exten- two of us have worked together, and we it certainly is going to help us go down sion of nondiscriminatory treatment (nor- made a good team to get this legisla- the line in doing what is best for our mal trade relations treatment) to products tion passed. own trade. of the Russian Federation and Moldova and The PRESIDING OFFICER (Mrs. One of the other special things that to require reports on the compliance of the HAGAN). The Senator from Utah. is in this is it is going to cause Russia Russian Federation with its obligations as a Mr. HATCH. Madam President, I to have to live up to some inter- member of the World Trade Organization, want to praise the distinguished chair- national trade and international intel- and for other purposes. man of the committee. He has done a lectual property laws. We in this coun- The PRESIDING OFFICER. Under wonderful job, and, of course, he has try believe in obeying those laws, and I the previous order, there will now be 10 been a pleasure to work with. have to say Russia, India, and China minutes of debate equally divided and This bill marks an important step have invaded intellectual property in controlled between the two leaders or forward in our relations with Russia areas they shouldn’t have. Hopefully, their designees. and Moldova. Once this bill is signed this type of agreement, PNTR, will The Senator from Montana. into law, our workers, job creators, and help alleviate that problem. Mr. BAUCUS. Mr. President, we will farmers will be able to take full advan- So I urge my colleagues to join Sen- soon be voting on whether to establish tage of Russia and Moldova’s accession ator BAUCUS and I in voting for this permanent normal trade relations— to the WTO. very important bill. Again, I thank otherwise known as PNTR—with Rus- The bill includes strong enforcement staff on both sides for the wonderful sia and Moldova and to update human provisions to ensure that Russia lives work they have done and the Trade rights legislation on Russia. up to its international trade obliga- Representative in his office, as well, for We have to take many difficult votes tions. Finally, this bill will help ad- the wonderful work they have done. in this Chamber, but this is not one of vance human rights and the rule of law I reserve the remainder of my time. them. In fact, this is a rare oppor- in Russia. HUMAN RIGHTS ABUSERS tunity to pass a good bill on which we Today’s vote would not be possible Mr. MERKLEY. Madam President, all can agree. without the combined efforts of many we are about to take a momentous step PNTR is good for U.S. jobs. Russia is dedicated public servants. First, I forward in promoting human rights a fast-growing market. When Russia would like to thank the staff at the Of- abroad thanks to my good friend from joined the WTO in August, it opened its fice of the U.S. Trade Representative. Maryland. Here is a bill that promotes markets to the other 155 members of Many of them toiled for years to bring a robust trade relationship while at the the WTO who have PNTR with Russia. Russia and Moldova into the WTO, same time using this relationship to PNTR will give U.S. farmers, ranchers, often at great personal sacrifice. advance a very just cause: punishing businesses, and workers new opportuni- I also would like to take a moment past human rights abusers and inhib- ties in Russia and new jobs at home. to thank my colleagues for all of their iting would-be human rights abusers. Our competitors in China, Canada, hard work in helping to craft this bill. Mr. CARDIN. I couldn’t agree more and Europe are now taking advantage An open and transparent dialogue was with my friend from Oregon. As some of these opportunities because they critical to our success. And I would of my colleagues know, I am the origi- have PNTR with Russia. They already particularly like to again express my nal sponsor of Sergei Magnitsky Rule have it. We are the only WTO member appreciation to all the Republican of Law Accountability Act, the stand- missing out on these opportunities. If members of the Finance Committee alone bill that then became the human we now pass PNTR, we could level the who worked with me and my staff in rights title in this combined PNTR playing field and compete. If we com- good faith to develop a strong enforce- bill. I am enormously proud of the pete, we will win. We will sell more ment package which will address many work we have done on the bill, and I

VerDate Mar 15 2010 00:54 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.021 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7661 think it has real potential to not only ing a massive tax fraud by officials of comes to internationally recognized hold people accountable who have com- Russia’s Interior Ministry. While in human rights. mitted past human rights abuses, but jail, he became ill but was denied med- Finally, I do want to say a few words also potentially to prevent future ical treatment; he was brutally beaten about the trade facilitation aspects of human rights abuses from occurring. and left to die. This bill is clearly tar- this bill. By repealing Jackson-Vanik Those who are responsible for gross geted to go after the perpetrators of with respect to Russia and Moldova, human rights abuses such as torture or human rights violations in Russia, in- this bill will ensure that U.S. busi- extrajudicial killings, whether as pri- cluding those involved in the death of nesses and their employees will be able vate citizens or within organs of the Sergei Magnitsky, and would require to realize the benefits of Russia’s and State, now know that we, our markets, the President name and sanction those Moldova’s membership in the World and our financial system will remain individuals, subject to a waiver for na- Trade Organization. With respect to closed to them if they do so. These are tional security interests. Those listed Russia, these benefits include addi- real material consequences. by the President could be denied visas tional market access for U.S. service Mr. MERKLEY. I am very glad that to enter the United States and have providers and civil aircraft; improved my friend from Maryland has drawn at- their assets frozen by the U.S. Treas- intellectual property enforcement; con- tention to the forward looking provi- ury Department. sistent science-based sanitary and sions in this bill. It is crucial that Just yesterday the Washington Post phytosanitary measures; and new dis- while the Secretary of State makes the ran a large spread detailing the current pute settlement tools to enforce WTO initial determination as to who should state of political affairs in Russia. I rules. be on this list of gross human rights want to read an excerpt from that arti- Last year, Maine exported $14 million abusers, this is not the end of the cle: worth of goods to Russia, including $8.1 story. On the contrary, there is a con- Since his return to the presidency in million worth of aircraft parts and $5 tinuing oversight process built into the March, (President Vladimir) Putin has re- million worth of cattle. Granting Rus- bill, along with requirements for ongo- lentlessly demonstrated his determination sia PNTR can help cement this trade ing updates to the list of human rights to quell dissent. relationship by providing U.S. busi- In an apparent attempt to scare off dem- nesses more certainty that their in- abusers. In fact, the chairpersons and onstrators, 17 protesters are being pros- ranking members of appropriate con- ecuted for their part in a May 6 rally on the vestments will be protected. A Peter- gressional committees may request a eve of Putin’s inauguration, accused of at- son Institute for International Eco- written response from the Secretary of tacking police officers. One has already been nomics study estimates that the vol- State as to whether a particular indi- sentenced to 41⁄2 years in prison. ume of U.S. exports of merchandise and vidual has met the threshold required A newly passed law defines treason so services to Russia could double from for addition to this list. So whether a broadly that some Russians are afraid that $11 billion in 2011 to $22 billion over person’s human rights are being vio- even associating with foreigners could put about 5 years as a result of granting them at peril. The penalties for slander and lated because he or she is a dissident violations of rules governing rallies have Russian permanent normal trade rela- journalist, or a member of an ethnic been toughened. As of Nov. 21, nongovern- tions, or PNTR. minority group, or LGBT, or simply a mental organizations that receive money Additionally, the bill includes strong citizen exposing wrongdoing, the per- from abroad must register as foreign reporting requirements on Russia’s petrators will now face real risks and agents . . . compliance with its WTO commit- real scrutiny that they did not face be- . . . One by one, opposition leaders have ments and directs the U.S. Trade Rep- fore. come under intense pressure. Alexei resentative to develop a plan for action Mr. CARDIN. That is exactly right. Navalny, the anti-corruption blogger, has on areas where Russia does not live up been charged with bribery in a recently res- Those who violate the human rights of urrected three-year-old case. Sergei to its WTO requirements. such citizens through torture, Udaltsov, a socialist leader, has been charged I urge all my colleagues to support extrajudicial killings, or other gross with plotting mass disorder. this bill. violations of international human One of his associates, Leonid Mr. JOHANNS. Madam President, I rights will come to our attention. And Razvozzhayev, accused Russian authorities come to the floor today in support of I look forward to working with my of abducting him in Ukraine, where he was approving permanent normal trade re- friend from Oregon to help maintain seeking asylum. On Nov. 22, Russian inves- lations with Russia. tigators said they would not investigate the this vigilance and oversight in the Over the past several years, I have case because Razvozzhayev had not pre- often come to the floor in favor of free- years to come. sented convincing evidence that he had been Mr. MERKLEY. As do I. spirited out of Ukraine. trade agreements and other efforts to Ms. COLLINS. Madam President, I In September, Gennady Gudkov, like Putin expand market access for U.S. exports. rise to speak on the Russia and a former KGB agent, was stripped of his par- This legislation is yet another one of Moldova Jackson-Vanik Repeal and liamentary seat after he aligned himself those opportunities. This vote to repeal Sergei Magnitsky Rule of Law Ac- with protesters. a 1970s trade law and recognize Russia countability Act that is currently be- The article goes on to detail further as a member of the WTO will result in fore the Senate. As a cosponsor of acts of intimidation by the Russian increased export opportunities for U.S. Sergei Magnitsky Rule of Law and Ac- Government aimed at voices of dissent. manufacturers, farmers, and ranchers. countability Act, I am very pleased to It makes clear that despite all of the Increased exports lead to increased job see this important human rights legis- talk of a ‘‘reset’’ in U.S.-Russia rela- creation. lation move forward, and I want to tions, this is not a regime that shares Russia is the world’s ninth largest commend Senators CARDIN, MCCAIN, our values when it comes to demo- economy, with a population of 142 mil- and others who have worked so hard on cratic freedoms and other human lion and a growing middle class. Russia this bill for getting us to this point. rights. is already a significant trading partner The bill that we are considering Over the last several weeks, there importing over $10 billion annually today would repeal the so-called Jack- have been news reports that the Krem- from the United States. In just a 5-year son-Vanik amendment with respect to lin has claimed this bill in some way period, Nebraska’s exports to Russia Russia, which my colleagues know tied infringes on Russian sovereignty. That increased fourfold. In fact, in 2011 trade relations to the right of free emi- is simply not the case. The bill does alone, total exports of goods from Ne- gration, and replace it with a tough not require the Russian Government to braska were valued at $154 million. new law to impose sanctions on Rus- take any action against human rights I believe we have the opportunity to sians deemed to have grossly violated abusers it does not want, but it does continue this impressive trend by rec- human rights. say that those abusers may not enter ognizing Russia as a WTO member. A The bill is named after Sergei the United States or access our finan- vote in favor of this legislation will Magnitsky, a 37-year-old lawyer who cial system. This bill reaffirms our val- level the playing field for U.S. job cre- died on November 16, 2009, in ues, and makes a clear statement that ators looking to take advantage of Matrosskaya Tishina Prison in Mos- the United States stands for dignity, these growing export opportunities. cow. He was jailed in 2008 after expos- respect, and the rule of law when it This is especially true for Nebraska’s

VerDate Mar 15 2010 02:01 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.020 S06DEPT1 tjames on DSK6SPTVN1PROD with S7662 CONGRESSIONAL RECORD — SENATE December 6, 2012 equipment and machinery manufactur- Russia does not revert to its old ways together on this bill will be just the be- ers. My State has a reputation for pro- on trade. Further delay in repealing ginning of a long and fruitful partner- ducing some of the most sophisticated Jackson-Vanik would only hurt us. ship. irrigation equipment in the world. On August 22, Russia formally joined I would like to acknowledge a few of Acknowledging Russia’s membership the WTO after a lengthy process. Over the many people who helped make this in the WTO will reduce tariffs on this 150 other nations have already taken a successful process. First, I would like technology from 10 percent to 5 per- action and are reaping the export bene- to recognize the efforts of the U.S. cent—allowing U.S.-based companies fits. The United States has been left in Trade Representative’s Office who as- to compete more effectively with oth- the dust. Until we act, we cannot enjoy sisted in the very long process of as- ers around the globe. Additionally, the lowered tariffs, increased market sembling the Russia WTO accession. other agriculture equipment and ma- access, dispute settlement process, and Special recognition must go to Eliza- chinery manufacturers in Nebraska other benefits of Russia’s membership beth Hafner, Director for Russia and and elsewhere will see tariffs reduced in the WTO. Thus, we should vote to Eurasia; Catherine Field, Deputy Gen- or eliminated. Currently, these tariff repeal Jackson-Vanik and accept Rus- eral Counsel for Negotiations, Legisla- rates are up to 25 percent. They will sia as a permanent trading partner. tion and Administrative Law; Cecilia eventually drop to an average well The move ensures that American Klein, Senior Director for WTO Acces- below 10 percent when Russia meets all businesses are not disadvantaged and sions; Stephanie Murphy, Director for of its WTO commitments. This is a big losing market share to their competi- Agricultural Affairs; Scott Pietan, Di- deal beyond any single state or sector. tors. Russia already has access to the rector for Industry Trade Policy; and Total U.S. agricultural exports to U.S. market, so additional delay on Thomas Fine, Director for Services Russia are forecast at more than $1.4 PNTR only hurts our workers and com- Trade Negotiations. I would also like billion for 2012, and this further opens panies. Delaying action will only result to recognize former members of the the doors of opportunity. Here is an- in the delay of job creation and more USTR Office who dedicated many years other example: As part of the WTO ac- lost opportunities for American manu- to this process, including Dorothy cession process, Russia is required to factures, farmers, and ranchers. Dwoskin, Matt Rohde, and Chris Wil- lower its tariffs on U.S. beef products Our efficient export system, includ- son, who all served as former Assistant to 15 percent. Additionally, Russia ing handling, processing and distribu- United States Trade Representative for must allow a greater volume of frozen tion of our goods and agricultural prod- the World Trade Organization and Mul- beef imports. The quota will nearly tri- ucts, creates millions of U.S. jobs. At a tilateral Affairs, as well as the current ple: from approximately 22,000 tons in time when we face some very serious AUSTR, Mark Linscott. 2010 to 60,000 tons. Meat production is a challenges in our country related to Senator BAUCUS staff was instru- big part of our agricultural economy— debt, deficit, and unemployment, it mental in helping us advance this proc- in my home State and in our country— makes sense to unlock this door of op- ess and craft today’s bill. I would like so this is noteworthy. portunity. Thus, I support removing to thank them for all of their efforts. Now, our agricultural producers will application of Jackson-Vanik and in- In particular, I would like to acknowl- be the first to tell you that they don’t tend to vote for PNTR with Russia. edge Russ Sullivan, the majority staff think Russia always plays fair in the This status would help to level the director of the Finance Committee; world of exports. They say Russia playing field for U.S. exporters. chief international trade counsel sometimes offers unjustifiable reasons I encourage my colleagues to con- Amber Cottle; international trade to block our products. The fact is, Rus- sider the economic impacts of this bill counsels Bruce Hirsh and Lisa sia has a less-than-stellar record on es- on our Nation’s manufactures, farmers, Pearlman; trade advisors, Chelsea tablishing predictable, science-based ranchers, and other job creators, and I Thomas and Hun Quach; international import standards. So our producers look forward to voting to support nor- trade analyst, Rory Murphy; and their have not always had reasonable access malizing trade with Russia. detailee from Customs and Border Pro- to its markets. Mr. HATCH. Madam President, today tection, Heather Sykes. As Secretary of Agriculture, I relent- I wish to thank my colleagues for their Finally, I would like to recognize my lessly negotiated with Russia and other support of legislation granting perma- dedicated and hardworking staff. In trading partners to grant the same ac- nent normal trade relations to Russia particular, I would like to thank the cess to their markets for our agricul- and Moldova. This legislation allows staff director of my Finance Com- tural products as we granted to their U.S. businesses to take full advantage mittee staff, Chris Campbell; my chief products. This seems fair, right? They of trade opportunities in Russia and international trade counsel, Everett should offer us the same access we offer Moldova following their accession to Eissenstat; international trade coun- them? But based on Russia’s track the World Trade Organization. Legisla- sels Paul DeLaney and Greg Kalbaugh; record on U.S. meat exports, especially tion normalizing our trade relations our detaliee from Customs and Border pork and poultry, I continue to have with both these countries has taken protection, Richard Chovanec; our concerns. That is part of the reason I years to complete. It is important to detailee from the Department of Com- have decided we should recognize their note that, while the WTO accession merce, Steven Garrett; and our inter- membership in the WTO. process opened the door for U.S. busi- national trade staff sssistant, Rebecca The WTO has been an important tool nesses to take greater advantage of Nasca. They worked tirelessly to help for the United States to level the play- trade with Russia, we have created a prepare this bill for our consideration, ing field for our products in the inter- number of new enforcement mecha- and I am grateful for their hard work national trading system. Russia will be nisms which, in this, will, I very much and dedication. obligated to apply international food hope, hold Russia accountable for We can all be proud of this bill. It safety standards. This should mean meeting their international obliga- provides significant new tools to battle more certainty and predictable market tions. corruption within Russia while at the access for U.S. agricultural products. This process and its success would same time enabling U.S. workers and And these obligations will be enforce- not have been possible without the job creators to take full advantage of able through the use of WTO dispute leadership our chairman, Senator BAU- Russia’s membership in the World settlement mechanisms. CUS. I deeply appreciate his willingness Trade Organization. I look forward to Integrating Russia into a rules-based to work with me to address the many President Obama signing it into law as trading system and providing the concerns I and our colleagues on the soon as possible. means to enforce those rules will fur- Finance Committee had with Russia’s The PRESIDING OFFICER. The Sen- ther strengthen the ability of U.S. accession package. It is truly a pleas- ator from Montana. businesses to export products to Rus- ure to be working with someone so Mr. BAUCUS. Madam President, I sia. But this is an area where we will fully committed to opening markets thank the Senator from Utah. He is a need to show great vigilance. As Russia and securing new opportunities for U.S. good man. I also thank staff who implements its trade commitments, workers and job creators in the inter- helped put this bill together. Amber the administration must ensure that national marketplace. I hope our work Cottle, on my side, and Everett

VerDate Mar 15 2010 00:54 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.064 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7663 Eissenstat, who works for Senator Bennet Grassley Moran yelling no, then we will go ahead and Bingaman Hagan Murkowski HATCH, worked very hard. They lead schedule this as soon as we can this Blumenthal Harkin Murray very good, trained teams, I might add. Blunt Hatch Nelson (NE) afternoon, to vote. They are very talented, able folks. Boozman Heller Nelson (FL) The PRESIDING OFFICER. The Sen- I see this too as a vote to help propel Boxer Hoeven Paul ator from Texas. Brown (MA) Hutchison us to the next level of trade expansion. Portman Mrs. HUTCHISON. Madam President, Brown (OH) Inhofe Pryor One is the TPP, Trans-Pacific Partner- Burr Isakson Reid I know there are those on my side who ship, which is being worked on by the Cantwell Johanns Risch would also like to have a conference to Cardin Johnson (SD) Roberts United States and other Asian coun- Carper Johnson (WI) talk about this. Could we have an indi- Rubio tries. I think it is a dramatic oppor- Casey Kerry cation as to the timeframe of the vote? Schumer Chambliss Klobuchar tunity for growth. Sessions Mr. REID. Madam President, to my Second, working with Europe, the po- Coats Kohl friend from Texas, the conference we Coburn Kyl Shaheen tential free-trade agreement with Eu- Cochran Landrieu Shelby will have won’t take very long—half an rope, there has been a lot of interest in Collins Lautenberg Snowe hour, maybe 45 minutes. I am sure we Europe joining the United States and Coons Leahy Stabenow could finish that by 1:45 p.m. or some- Corker Lee Tester reducing barriers to trade. It is a great Cornyn Lieberman Thune thing like that, and we could have a opportunity that we should take ad- Crapo Lugar Toomey vote. DeMint Manchin Udall (CO) vantage of. Obviously, that raises an- f other question, which is trade pro- Durbin McCain Udall (NM) Enzi McCaskill Vitter motion authority. Next year Congress Feinstein McConnell Warner EXECUTIVE SESSION—Continued Franken Menendez Webb and I will work to get trade promotion VOTE ON NOMINATION OF MARK E. WALKER Gillibrand Merkley Wicker authority passed so we can include The PRESIDING OFFICER. Under these trade agreements and help Amer- Graham Mikulski Wyden NAYS—4 the previous order, the Senate will pro- ican companies and, equally impor- ceed to executive session. tantly, help American consumers be- Levin Sanders Reed Whitehouse The PRESIDING OFFICER. The cause American consumers and Amer- question is, Will the Senate advise and NOT VOTING—4 ican workers are, frankly, helped dra- consent to the nomination of Mark E. matically by properly negotiated trade Conrad Kirk Walker, of Florida, to be United States Inouye Rockefeller agreements when it is in the best inter- District Judge for the Northern Dis- ests of the United States. The bill (H.R. 6156) was passed. trict of Florida? I thank the Presiding Officer for all f Mr. CARDIN. Madam President, I ask she does too. ORDER OF BUSINESS for the yeas and nays. I yield the floor. Mr. REID. Madam President, this The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Who sufficient second? morning Senator MCCONNELL came to yields time? There appears to be a sufficient sec- Mr. BAUCUS. Madam President, I the floor. He made a serious offer deal- ing with the debt ceiling—one of the ond. yield back the remainder of my time. The clerk will call the roll. Mr. HATCH. I yield back the remain- most important issues facing this country. As I said, it is a serious offer. The assistant bill clerk called the der of our time. roll. Mr. BAUCUS. I ask for the yeas and I have not personally read it. My staff looked at it, and it is important Mr. DURBIN. I announce that the nays. Senator from North Dakota (Mr. CON- Mr. HATCH. I ask for the yeas and enough that I would like to have a vote on it this afternoon. I need to have a RAD), the Senator from Hawaii (Mr. nays. INOUYE), and the Senator from West The PRESIDING OFFICER. Is there a caucus and explain to my troops what this is all about. If we can work some- Virginia (Mr. ROCKEFELLER) are nec- sufficient second? There appears to be essarily absent. a sufficient second. thing out with Senator MCCONNELL, I would like to have a vote sometime Mr. KYL. The following Senators are The yeas and nays were ordered. necessarily absent: the Senator from The bill was ordered to a third read- this afternoon. I do need to have a cau- cus. We have another vote right now, North Carolina (Mr. BURR), the Senator ing and was read the third time. from South Carolina (Mr. DEMINT), and The PRESIDING OFFICER. Under and if my Republican colleagues think there is not a chance of having a vote the Senator from Illinois (Mr. KIRK). the previous order, the question is on The result was announced—yeas 94, passage of H.R. 6156. this afternoon—I can only do it by unanimous consent. If someone is nays 0, as follows: The yeas and nays have been ordered. going to object to it, they should do it [Rollcall Vote No. 224 Ex.] The clerk will call the roll. now and we will arrange another time YEAS—94 The bill clerk called the roll. to address this issue. Akaka Feinstein McCaskill Mr. DURBIN. I announce that the So the issue is that Senator MCCON- Alexander Franken McConnell Senator from Hawaii (Mr. INOUYE), the Ayotte Gillibrand Menendez NELL has made a proposal on how we Senator from West Virginia (Mr. Barrasso Graham Merkley handle the debt ceiling, and we have to Baucus Grassley Mikulski ROCKEFELLER), and the Senator from get permission from my Republican Begich Hagan Moran North Dakota (Mr. CONRAD) are nec- colleagues as to whether we can have a Bennet Harkin Murkowski Bingaman Hatch Murray essarily absent. vote on it this afternoon at a time that I further announce that, if present Blumenthal Heller Nelson (NE) would be as convenient as possible. I Blunt Hoeven Nelson (FL) and voting, the Senator from North don’t think we need a lot of time to de- Boozman Hutchison Paul Dakota (Mr. CONRAD) would vote bate it. We have done that lots of Boxer Inhofe Portman ‘‘aye.’’ Brown (MA) Isakson Pryor times. Brown (OH) Johanns Reed Mr. KYL. The following Senator is Mr. MCCAIN. Madam President, how Cantwell Johnson (SD) Reid necessarily absent: the Senator from about 1 p.m.? Cardin Johnson (WI) Risch Illinois (Mr. KIRK). Mr. REID. Madam President, I know Carper Kerry Roberts The PRESIDING OFFICER. Are there Casey Klobuchar Rubio there are airplanes that people want to Chambliss Kohl Sanders any other Senators in the Chamber de- leave in, but this is very important. Coats Kyl Schumer siring to vote? This vote will end at about 1 p.m. I Coburn Landrieu Sessions The result was announced—yeas 92, Cochran Lautenberg Shaheen scheduled the caucus for 1:30 p.m. Collins Leahy Shelby nays 4, as follows: There is no reason we couldn’t start Coons Lee Snowe [Rollcall Vote No. 223 Leg.] the caucus at 1:05 p.m. We can move it Corker Levin Stabenow up. Cornyn Lieberman Tester YEAS—92 Crapo Lugar Thune Akaka Ayotte Baucus I need some direction from my Re- Durbin Manchin Toomey Alexander Barrasso Begich publican colleagues. So if I hear no one Enzi McCain Udall (CO)

VerDate Mar 15 2010 00:54 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.037 S06DEPT1 tjames on DSK6SPTVN1PROD with S7664 CONGRESSIONAL RECORD — SENATE December 6, 2012 Udall (NM) Webb Wyden The assistant majority leader. good idea is to propose a bill and then Vitter Whitehouse Mr. DURBIN. Madam President, what Warner Wicker filibuster your own bill. I do believe just transpired deserves a word. Sen- that is history in the making. But that NOT VOTING—6 ator MCCONNELL came to the floor this is why this appetite for the filibuster Burr DeMint Kirk morning and offered a change in law in the Senate has to change. Conrad Inouye Rockefeller that would help us avoid the kind of What an abuse, that we cannot have The nomination was confirmed. obstruction and the kind of showdowns a majority vote on something the Re- VOTE ON NOMINATION OF TERRANCE G. BERG that we have had in the past over the publicans proposed and the Democrats The PRESIDING OFFICER (Mrs. debt ceiling. In fact, the idea was not were prepared to vote for. This would MCCASKILL). The question is, Will the new. It was his original idea that has have been a true bipartisan measure, Senate advise and consent to the nomi- been the law of the land and followed. good news—maybe leading the news— nation of Terrence G. Berg, of Michi- He offered and challenged Senator REID across America. It really is unfortu- gan, to be United States District Judge to bring this matter for consideration nate. for the Eastern District of Michigan? in the Senate. Mr. SCHUMER. Will the assistant The nomination was confirmed. Senator REID just agreed to it. He majority leader yield? The PRESIDING OFFICER. Under said he would bring this to a vote in 20 Mr. REID addressed the Chair. the previous order, the motions to re- minutes, and we would decide, up or The PRESIDING OFFICER. The ma- consider are considered made and laid down, whether the debt ceiling problem jority leader. upon the table, and the President shall would be resolved once and for all Mr. REID. If my friend will yield, I be immediately notified of the Senate’s under Senator MCCONNELL’s proposal. have business here and then he will get action. Then Senator MCCONNELL objected— the floor right back. f objected—saying: No, no, we need 60 f votes. TRANSACTION ACCOUNT GUAR- LEGISLATIVE SESSION For those who do not follow the Sen- ANTEE PROGRAM EXTENSION The PRESIDING OFFICER. Under ate, 60 votes is the equivalent of a fili- ACT—MOTION TO PROCEED the previous order, the Senate will re- buster vote—breaking a filibuster vote. sume legislative session. So this may be a moment in Senate Mr. REID. Madam President, I now The majority leader. history when a Senator made a pro- move to proceed to Calendar No. 554, S. f posal and, when given an opportunity 3637. for a vote on that proposal, filibustered The PRESIDING OFFICER. The UNANIMOUS CONSENT REQUEST— his own proposal. I think we have now clerk will report the motion. S. 3664 reached a new spot in the history of The bill clerk read as follows: Mr. REID. Madam President, I now the Senate we have never seen before. Motion to proceed to the consideration of ask unanimous consent that at 1:30 I am going to ask the Parliamen- Calendar No. 554 (S. 3637), a bill to tempo- p.m. today, the Senate proceed to the tarian to look into this. I do not think rarily extend the transaction account guar- consideration of S. 3664, which is a bill this has ever happened before. But it antee program, and for other purposes. regarding debt limit increases, the text calls into question whether this was The PRESIDING OFFICER. The ma- of which is at the desk; that there be the kind of offer that one would con- jority leader. no amendments in order to the bill; sider to be good faith—if Senator REID CLOTURE MOTION that there be up to 10 minutes of de- offered a vote on it, and Senator Mr. REID. Madam President, 387 is bate equally divided between the two MCCONNELL said, no, it has to be 60, it on its way. I have a cloture motion at leaders or their designees; that upon has to be a filibuster-proof vote. the desk. the use or yielding back of time, the Ms. STABENOW. Will my colleague, The PRESIDING OFFICER. The clo- bill be read a third time and the Senate the distinguished assistant majority ture motion having been presented proceed to passage of S. 3664. leader, yield for a question? under rule XXII, the Chair directs the The PRESIDING OFFICER. Is there Mr. DURBIN. Yes. clerk to read the motion. objection? Ms. STABENOW. Is it also correct, The bill clerk read as follows: The Republican leader. basically, if we had voted, we would CLOTURE MOTION Mr. MCCONNELL. Madam President, have guaranteed we would not place We, the undersigned Senators, in accord- reserving the right to object, what we the country again in a situation of de- ance with the provisions of rule XXII of the are talking about is a perpetual debt faulting on our bills; that we would Standing Rules of the Senate, hereby move ceiling grant, in effect, to the Presi- send a message that we can work to- to bring to a close debate on the motion to dent. Matters of this level of con- gether—the fact that we were willing proceed to calendar No. 554, S. 3637, a bill to troversy always require 60 votes. So I to accept the Republican leader’s pro- temporarily extend the transaction account guarantee program, and for other purposes. would ask my friend, the majority posal and be willing to send a message Harry Reid, Joseph I. Lieberman, Jeff leader, if he would modify his consent that as a Senate we want to make sure Bingaman, Richard Blumenthal, Mark request to set the threshold for this we have fiscal stability, we are paying Begich, Jon Tester, Max Baucus, Herb vote at 60? our bills, that this could be one step Kohl, Kay R. Hagan, Barbara A. Mikul- The PRESIDING OFFICER. The ma- forward in making sure we can resolve ski, Tim Johnson, Mary L. Landrieu, jority leader. the fiscal issues for the country? Isn’t Kent Conrad, Jeanne Shaheen, Jeff Mr. REID. Madam President, reserv- that the Senator’s view of this as well; Merkley, Daniel K. Akaka, Mark L. ing the right to object, what we have is that, in fact, it would be an important Pryor. a case of Republicans in the Senate message about stability? Mr. REID. Madam President, I ask once again not taking ‘‘yes’’ for an an- I also have to say, I share the Sen- unanimous consent that the manda- swer. ator’s amazement that the leader tory quorum under rule XXII be This morning, the Republican leader would, in fact, object to his own pro- waived. asked consent to have a vote on his posal and now be filibustering his own The PRESIDING OFFICER. Is there proposal. Just now I told everyone we proposal that we were willing to accept objection? are willing to have that vote, an up-or- as a bipartisan, good-faith effort for Without objection, it is so ordered. down vote. But now the Republican the country. Didn’t he just take us in a The Senator from New York. leader objects to his own idea. So I wrong direction? THE DEBT CEILING guess we have a filibuster of his own Mr. DURBIN. Madam President, I say Mr. SCHUMER. Madam President, we bill. So I object. in response to the Senator from Michi- saw what happened here—the minority The PRESIDING OFFICER. Is there gan, the Senate Republican leader, leader filibustering his own bill. He objection to the original request? Senator MCCONNELL, has such a strong should have trusted his first instincts. Mr. MCCONNELL. Yes. I object. appetite for the filibuster that we have Imagine if we would have passed the The PRESIDING OFFICER. Objec- seen 386 or 387 filibusters in the last 6 minority leader’s resolution: The mar- tion is heard. years, and now he has decided another kets would have been jubilant, stocks

VerDate Mar 15 2010 00:54 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\A06DE6.009 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7665 would have gone up, one of the great about a proposal floated recently by tion’s economy will shrink next year, specters hanging over our economy— some Members of the majority regard- and the unemployment rate could rise that we would not raise the debt ceil- ing the rules of the Senate. They pro- again. In other words, we go back into ing—would have been greatly miti- pose to change the nearly 100-year-old recession. I believe we can avoid the gated in terms of damage and danger. Senate rule that requires a two-thirds fiscal cliff and address our massive def- We could move on to the real issues of majority to change the operating rules icit. But that requires doing three es- dealing with the fiscal cliff and dealing of the Senate. sential steps: reforming our Tax Code, with our debt situation and not have a Our colleagues in the majority are reforming entitlement programs, and debt ceiling hanging out there as a di- proposing to use a simple majority better controlling our spending. We can versionary but dangerous issue. vote to make the change. That is the get additional revenue by reforming But for some reason—inexplicable— issue here. The issue is the manner in our Tax Code. That means closing loop- the minority leader, the Republican which they plan to do it. Once the holes and limiting deductions. leader, changed his mind. Now he said precedent of changing a rule with a By closing loopholes and limiting de- on the floor, well, important measures simple majority vote is established, 51 ductions, we can make the Tax Code deserve 60 votes. But when he brought Senators could change the rules to suit simpler and fairer to stimulate growth it up earlier, he acted as if he was in their own convenience. In other words, in our economy. Markets get the kind favor of it. He was offering it. Now, of they want to break the rules in order of certainty they need to invest, to course, he is saying, no, he is going to to change the rules. grow, and to hire. It is a growing econ- object to his own resolution. I wish he That would be a big mistake. That omy, a growing economic base that would reconsider. would be, as the majority leader him- creates more jobs and revenue, not Again, using the debt ceiling as le- self said in his own book, the death of higher taxes. verage, using the debt ceiling as a the Senate. Votes that require a super- The simple fact is we must make threat, using the debt ceiling as a way majority serve a very valuable function America a great place to do business to achieve a different agenda is dan- in the Senate. They encourage con- again. Our progrowth strategies in my gerous. It is playing with fire. Yet, sensus, they encourage bipartisanship, home State of North Dakota have with the opportunity to take that off and they make certain that the minor- broadened our economic base and the table, reassure the markets, the ity has a voice in the lawmaking of raised revenue without raising taxes. minority leader blinked. I do not know this body. That has resulted in the lowest unem- In recent history, both Democrats why. It is hard to figure out the strat- ployment rate in the Nation, growing and Republicans have held the major- egy that he is employing. But we would personal income, and, rather than a ity. In fact, it was not that long ago hope on this side of the aisle—and I deficit, a budget surplus. that the Democrats themselves were think I speak for all of us—that he In addition to progrowth tax reform, adamantly opposed to changing the would reconsider and, perhaps, early we also need to start a fair and rules of the filibuster. They argued next week let us vote on his own reso- thoughtful process to reform entitle- that doing so could bring an end to a lution. ment programs. If we do not, they will century-old tradition of bipartisan con- I yield the floor. not be sound and solvent for future sensus building in the Senate and di- I suggest the absence of a quorum. generations. For example, Medicare’s minish the influence of minority The PRESIDING OFFICER. The Hospital Service Program is in serious voices. The reality is, we are now at a clerk will call the roll. financial trouble. In a report this point in our history when bipartisan- The assistant bill clerk proceeded to spring, the Medicare trustees cautioned ship and consensus is exactly what we call the roll. that the trust fund that covers the pro- Mr. HOEVEN. Madam President, I need. Laws passed by a narrow majority gram’s hospital services will be de- ask unanimous consent that the order will only fuel greater partisanship and pleted and consequently insolvent by for the quorum call be rescinded. greater divisiveness. We need both par- 2024. The PRESIDING OFFICER. Without The fact is, we can accomplish enti- ties working together so that when we objection, it is so ordered. tlement reform in a way that does not are done we can say, this is a plan the FACING CHALLENGES American people can agree on. That is change programs for people at or near Mr. HOEVEN. Madam President, the kind of approach we need to ad- retirement, yet ensures that those today I would like to speak on several dress the economic challenges that are promises will be there for our children important issues pending before the posed by the fiscal cliff. We need bipar- and grandchildren down the road when Senate—issues that I believe are re- tisanship and we need consensus build- they need them. Republicans and lated. ing. Democrats should be able to come to- I want to speak first about the recent With bipartisan consensus, I believe gether, as should older and younger proposal to change the rules of the we can avert the fiscal cliff looming be- Americans, because thoughtful entitle- Senate with a simple majority vote. fore us and put our Nation on a sus- ment reform is in everybody’s inter- Second, and related, I want to talk tainable fiscal path. To do anything ests. about the need for consensus and bipar- less could put our Nation and our fu- Finally, we need to control our tisanship to address our Nation’s press- ture at risk. In little more than a spending. Our Federal deficit for the ing challenges; specifically, the fiscal month, nearly $400 billion in tax in- fiscal year 2012 was $1.1 trillion. Our cliff that we face. creases will combine with sequestra- national debt is now more than $16 tril- We must, and in fact we can, find tion; more than 100 billion in manda- lion. That is unsustainable. More reve- consensus and agreement. We have tory across-the-board spending cuts nues from tax reform and economic done it before. We have done it in over 1 year, to drag our Nation over the growth, combined with entitlement re- building a good solid farm bill which so-called fiscal cliff. form and controlling spending, will re- actually found $23 billion in savings to- What those tax increases mean to the duce our deficit and our debt. There is ward the deficit. We did it in passing a average American family of four earn- no question we can do it. For example, strong highway bill that will strength- ing $50,000 a year is over $2,000 in high- we can help make a downpayment on en our Nation’s infrastructure. We did er income taxes. Add to that expiration our deficit reduction right now by pass- it most recently this week in working of the alternative minimum tax patch ing the farm bill we put together in through a large and complex Defense new taxes mandated by the Federal this Chamber. authorization bill that will keep our health care bill, and the reinstatement The farm bill version we passed with Nation safer and more secure in these of the death tax, which will impact the broad bipartisan support in the Senate perilous times. next generation of farmers, ranchers, would save $23 billion over 10 years. It will take more of this kind of co- and small business owners, and Ameri- The House version, which has been operation and consensus building to ad- cans will see the largest tax increase in passed out of committee and is now dress the very real and substantial the history of our country. pending on the floor, would save $35 challenges facing our Nation today. If all of this happens, the Congres- billion. Passing a good farm bill can be That is why I am deeply concerned sional Budget Office predicts the Na- part of the solution for the fiscal cliff.

VerDate Mar 15 2010 00:54 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.040 S06DEPT1 tjames on DSK6SPTVN1PROD with S7666 CONGRESSIONAL RECORD — SENATE December 6, 2012 The reality is, solving our Nation’s fis- mendable service, he has been awarded forward to staying involved and push- cal problems is achievable. We can find the Bronze Star Medal, Purple Heart, ing the conservative outside the body. real budget savings in a far more Army Good Conduct Medal, and the He was an effective voice in the Senate, thoughtful way than doing it through National Defense Service Medal. whether you agreed with JIM or not. He sequestration: Reforming our Tax Specialist Orgaard is survived by really did strongly and passionately Code, reforming entitlement programs, many loving friends and family includ- advocate for his positions and did it and better control of our spending will ing his parents, Josephine and Jesse very effectively. work. Orgaard. For the service and sacrifice JIM made the Republican Party, Add a measure of good-faith biparti- of these brave men, we offer our quite frankly, look inward and do some sanship and we can get our Nation thanks. We pledge to honor their lives self-evaluation. Conservatism is an growing again. We can get people back through our commitment to supporting asset, not a liability, as we try to gov- to work. For the sake of our country, our troops and veterans and by remem- ern this country in the 21st century. I we need to do it and we need to do it bering their lives of service. look forward to staying in touch with now. My wife Mikey and I also join our fel- JIM and to working with him at the HONORING OUR ARMED FORCES low North Dakotans and Americans in Heritage Foundation to see what we SERGEANT FIRST CLASS DARREN M. LINDE extending our deepest sympathy to the can do to improve the fate of our coun- SPECIALIST TYLER J. ORGAARD families of Sergeant First Class Linde try so we will not become Greece. I rise today to honor the lives of two and Specialist Orgaard. We recognize No one is more worried about this North Dakota soldiers who were killed that these men have made the ultimate Nation’s unsustainable debt situation in action on Monday, December 3, in sacrifice in defense of our Nation. We than Senator DEMINT. I have seen him southern Afghanistan while serving in will remain forever grateful for their evolve over time as someone who could support of Operation Enduring Free- selfless service and commitment to de- not sit quietly anymore, who had to dom. SFC Darren M. Linde and SPC fending the principles of liberty and take up the cause. In the 2010 election cycle, he was one Tyler J. Orgaard were both members of justice that continue to guide our of the strongest voices we had that we the North Dakota National Guard as- country. had lost our way in Washington. I signed to the 818th Engineer Company. May God bless and continue to watch know JIM to be a very kind, sincere Their unit had been tasked with an over their families. man. He is an individual who is a joy to important but dangerous mission. They I yield the floor. The PRESIDING OFFICER. The Sen- be around. were conducting a route clearance op- But when it comes to what is going eration when their vehicle struck an ator from South Carolina. on in America, I think JIM understands IED on Monday, fatally injuring both TRIBUTE TO SENATOR DEMINT Mr. GRAHAM. Madam President, I that if we don’t make some changes men and wounding SPC Ian Placek, and make them quickly, we are going who is currently undergoing medical wanted to be recognized for 10 minutes to talk about the decision by Senator to lose our way of life. That is what has treatment in Germany. We pray for his driven him above all else. He is trying DEMINT to leave the Senate next year. full recovery. to keep this country the land of the But I wish to say to my friend from Today we honor the lives of Sergeant free and the home of the brave, where North Dakota, all of us have in our First Class Linde and Specialist people’s hard work is rewarded—not prayers the loss of our soldiers there Orgaard. Our thoughts and our prayers punished—where we have a chance to and all of the soldiers who have been in are with their families and their come from nowhere to be anything, in- a tough, long, hard war. friends as well. cluding President of the United States. Sergeant First Class Linde of Devils I met with JIM DEMINT this morning. JIM is right to say our debt is To say I was stunned is an understate- Lake, ND, led a distinguished military unsustainable, that Washington does ment. JIM indicated to me that he will career since enlisting in North Dakota too much, and there is a better way. National Guard in 1990. During the be retiring from the Senate next year I will look forward to working with and taking over the presidency of the course of his career, he served with the JIM in the private sector. From a per- North Dakota National Guard as well Heritage Foundation, one of the great sonal point of view, we have had a as the United States Army and the conservative think tanks here in Wash- great ride together. It has been fun, it Montana National Guard. He earned ington. has been challenging, and I think we several recognitions for his valor, in- My reaction for the people of South put South Carolina on the map in dif- cluding the Bronze Star Medal, Purple Carolina is: You have lost a great, ferent ways at different times. To peo- Heart, Army Commendation Medal, strong conservative voice, someone ple back in South Carolina, I hope if who has championed the conservative and Army Good Conduct Medal. Since they get to see JIM anytime soon, say 2009, he worked as a full-time instruc- cause and represented our State with thank you. Because whether they agree distinction, sincerity, and a great deal tor with the North Dakota National with Senator DEMINT, he was doing Guard’s 164th Regional Train Institute, of passion. On a personal level, I have what he thought was best for South Camp Grafton Training Center in Dev- lost my colleague and friend. JIM and I Carolina and the United States. ils Lake. have known each other for almost 20 At the end of the day, that is as good Sergeant First Class Linde was a de- years now. I think we have done a pret- as it gets. Because if someone is doing voted and selfless leader as well as a ty darn good job for South Carolina, at what they truly believe in and not wor- committed family man. He enjoyed times playing the good cop, the bad ried about being the most popular or spending time with his family and cop, but always trying to work to- people getting mad at them, then one friends. He is survived by his wife Adri- gether. What differences we have had can do a good job in Washington. To enne and four children. have been sincere. the people back in South Carolina, ev- Specialist Tyler Orgaard of Bis- That is the word I would use about erything JIM has tried to do has been marck, ND, joined the North Dakota Senator DEMINT. He sincerely believes motivated by changing the country, National Guard shortly before his 2001 in his causes. He is a conservative making South Carolina the best we graduation from Bismarck Century voice that people in our party look to could be at home. High School, where he was a member of for leadership and guidance. What he So if you get a chance, run into JIM the Century Patriots wrestling team has done over the last 4 to 6 years to anytime soon or in the coming days, and began competing in the Impact build a conservative movement to get please say thank you because he did his Fighting Championships. He was pas- people involved in politics, such as job as he saw fit. He did what he sionate about training in mixed mar- MARCO RUBIO, whom JIM helped early thought was best, and he didn’t worry tial arts. His family and friends knew on in his primary, I think is going to about being the most popular or taking him to be an extremely disciplined, be a great legacy. From a State point on people when he thought he was hard-working man who served his of view, we have lost one of our great right. country with great pride. champions. JIM and Debbie have raised I can tell you this. When it comes to This was Specialist Orgaard’s first four wonderful children. They have me, he has always been a friend, some- overseas deployment. For his com- great grandkids. I know JIM is looking body I could count on personally. We

VerDate Mar 15 2010 00:54 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.042 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7667 enjoyed our time together. I was Both of those claims are untrue. He and as an unpaid for increase in Medi- stunned this morning. JIM has an un- also claimed his proposal contains $2 in care reimbursements, the doc fix, that limited bright future in the private spending cuts for every $1 in tax in- is going to be due and will cost $394 bil- sector. I will say more next year when creases—not so. lion. That is almost $400 billion that is his time comes to an end. Secretary Geithner has been around not currently funded—and will have to But on behalf of all of us in South a while. He knows these numbers be funded—that they have ignored, Carolina, I wish to say to JIM and aren’t accurate. It is disappointing to they have left it out of the budget, Debbie, thank you very much for tak- me to see him come in with so much which makes it look $400 billion better ing time away from your family, fight- bluster. In an interview yesterday he than it is. ing the good fight, and pressing issues said: We are going to go off the cliff un- We have to count that money. To- you passionately believe in. I wish to less Republicans agree to what we de- gether, that is almost $1.8 trillion in thank JIM and Debbie both for being mand, and we can’t have a debt ceiling new spending. But the only cuts that my friends. You all both mean a great anymore. To have to debate that the White House offers are $600 billion deal to me, and I am confident the best causes controversy. We don’t want a in mandatory spending reductions, ba- is yet to come for both of you. debt ceiling anymore. Those were basi- sically cutting the providers of Medi- On behalf of the people of South cally, as I heard him hubristically sug- care, it appears to us. In other words, Carolina, great job, well done. gest, nonnegotiable positions. The plan the doctors and the hospitals that al- I yield the floor. called for $1.6 trillion in new taxes, ready took a cut to fund ObamaCare The PRESIDING OFFICER. The Sen- twice what the President asked for in will now be asked to take another $600 ator from Alabama. the campaign. He asked for $800 billion billion in cuts. They tell the seniors: Mr. SESSIONS. I will associate my during the campaign. Now he wants Don’t worry. We are not cutting your remarks with Senator GRAHAM and say how much I have appreciated working $1.6 trillion in new taxes. Medicare. We are just going to cut pro- So far, even with $1.6 trillion in new viders. with JIM DEMINT. He is courageous, de- taxes, there is more than $1 trillion in But at some point, we have to under- termined, and principled. He has a vi- spending increases. Far from fixing our stand these reductions to providers can sion for America, and he has advocated for it every single day. He stood, some- debt, our debt will grow over the next damage their ability to provide care. A times alone, to advocate for those 10 years by nearly $9 trillion. That is hospital has to stay open. Doctors have views. He is smart, he is intelligent, almost $1 trillion a year, on average. It to make a living. A lot of them are and he is good. It has been my pleasure goes up in the last number of years. considering retiring early because it is So we remain on an unsustainable to work with him and actually to sup- so difficult to operate under the Fed- port him. course with our debt continuing to eral programs. I have consistently felt his values surge out of control. We are projected, The bottom line is that the proposal and views were beneficial to America, based on our debt now, to have our in- that is out there calls for a huge tax and we can all disagree sometimes terest payment on the money we bor- increase, $1.8 trillion they are now say- about how to accomplish them, but we rowed exceed the defense budget in just ing. And this money is being gobbled can’t just go along all the time. Some- 7 years. These are facts. up with new spending. times we have to rock the boat, and he Spending under that plan would in- I try to be precise and operate from a was willing to do that. I so much have crease $1 trillion above the levels known spending baseline; specifically, enjoyed working with him. agreed to in the Budget Control Act, as the Budget Control Act baseline we THE FISCAL CLIFF signed into law. We agreed to the Budg- agreed to 16 months ago. The Presi- I wished to share a few thoughts, as et Control Act 16 months ago, in Au- dent’s plan clearly contemplates this. ranking Member on the Budget Com- gust 2011, and we raised the debt ceil- The $1.2 trillion in sequester cuts mittee, concerning the proposal that ing and agreed to reduce spending. We would be eliminated. That is more than the President has made through Sec- raised the debt ceiling $2.1 trillion and half the cuts we agreed to last year. retary Geithner toward fixing the fis- agreed to reduce spending $2.1 trillion. They would be eliminated. cal cliff that has been talked about so The President’s plan would take out There would be one reduction. The much. I just want to say, sadly, that over $1.1 trillion of those spending lim- Medicare reimbursement cuts of $600 the facts disprove what they have al- itations that are in current law. I re- billion would reduce spending. That leged their plan would do. peat, spending will increase more than would still mean that net spending has We have looked at the numbers. $1 trillion above the already projected gone up $600 billion. The doc fix, as I There is no real mystery about this. growth in spending. just mentioned, is another $400 billion, There are gimmicks and manipulations Our spending is growing. It is not de- so it adds $1 trillion. There is about in the way they have expressed what creasing. It is already projected to $200 billion in stimulus spending that is they intend to accomplish that I think grow, but the President’s proposal is to over $1 trillion, and we have an $800 bil- are beyond the pale and the American have it grow even faster than the law lion tax increase. If the President got people need to know it is not accurate. currently calls for. that, which is what he originally asked This would not be possible if we had I don’t believe the numbers I have for, then we would end up with more the plan on the floor so it could be presented can be disputed. They can debt than if we didn’t have the $800 bil- voted on in the light of day. But we all spend, and they can say things and mix lion tax increase. know what the plan is, the scheme is, up baselines and confuse the American If he gets $1.6 trillion in new taxes— the strategy is. It is to meet in secret people, but the plan he has outlined which will not happen, in my opinion— and then plop down on the floor of the does just what I described. It is not but if he were to get that, it would re- Senate, at the last hour, some sort of much different from the budget the duce the debt two-thirds of that coerced agreement that all Senators— President submitted this last Feb- amount, plus maybe three-fourths like lemmings—are supposed to vote ruary. As a matter of fact, it is very would be used to fund new spending for. similar to it. What did that budget do? and only one-fourth to deal with our We are supposed to expect that the It increased taxes by $1.8 trillion, and current challenges. American people will believe the agree- it increased spending by about $1.4 tril- I would ask the American people, ment is what the President says it is, lion. when they read what Congress was con- but that is not, in reality, what is oc- So this is the kind of path we are sidering—and we have heard the Presi- curring. Secretary Geithner met with being asked to take. I don’t think the dent advocate more taxes—did they not Senate and House Members last week American people would agree to that. assume that money would be used to to present a proposal, and the Presi- There are other increases in spending reduce the deficit we have so we may dent made a number of claims. He says other than the elimination of the $1.2 put our country on a sound financial the proposal Secretary Geithner made trillion sequester cuts that were agreed path? Or did they at least not assume will fix our debt. He said his proposal to last year. For instance, more than it could be used to save Social Secu- will make our debt ‘‘stable and sustain- $170 billion has been in new spending, rity, which is already drawing money able.’’ arises from more stimulus spending from the General Treasury, so we have

VerDate Mar 15 2010 00:54 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.043 S06DEPT1 tjames on DSK6SPTVN1PROD with S7668 CONGRESSIONAL RECORD — SENATE December 6, 2012 enough money to pay recipients? Or did Again, if the President’s plan was ac- America and permanently use that they not think that maybe the money cepted and the $1.6 trillion in new taxes money on new spending programs, was going to be used to strengthen were imposed, which I don’t believe leaving Social Security, Medicare, Medicare and keep that program on will happen, we would have virtually Medicaid, and the Defense Department track so it will not go into bank- no reduction in the total debt accruing on the same dangerous course they are ruptcy? over 10 years. That does not change the on today. I think we can do better. Is any of that accomplished by the debt course of America. It does not I hope the American people will look President’s proposal? No. He proposes deal with the danger that exists. The at these numbers, maybe call the no fix to Social Security, no fix to spending path we are on is in the red White House, call their Members of Medicare, and no real reduction in zone. The tachometer spending needle Congress, and say: Look, if you have to debt. In fact, if we end up with $1.6 tril- is over in the red zone. raise taxes—and I think most Ameri- lion in tax increases over 10 years, we Mr. Bowles told us at our Budget cans don’t think we need to—be sure can expect the deficit to go up about Committee hearing 2 years ago that we you use this money wisely. Don’t start $8.6 trillion instead of $9 trillion. That are facing the most predictable debt new programs when we are going broke would be the only impact on the debt crisis in our country’s history. He said now. Don’t start new programs when because most of the new money would we have to get off this unsustainable we don’t have money to fund Social Se- be used for new spending. path. So the House has basically taken curity, don’t have money to fund Medi- So I am worried about this. I don’t his suggestions and worked with them. care, don’t have money to fund Med- think the leader of our Nation, the one I understand that earlier today there icaid. Don’t start new spending pro- person elected by people all over the was a discussion about raising the debt grams when we don’t have the money country, should be laying out a pro- ceiling. The Constitution clearly gives to take care of the ones we have. gram to the American people that does Congress the power to regulate the Madam President, I yield the floor, not honestly deal with the debt threat debt of America, and we have to pass and I suggest the absence of a quorum. we face, and does not honestly explain legislation to raise the amount—the The PRESIDING OFFICER. The to the American people how we are on ceiling or the limit—on how much we clerk will call the roll. an unsustainable course, as every ex- can borrow. We are at $16 trillion-plus The assistant legislative clerk pro- pert has said, and does not honestly now, and we are about to reach the ceeded to call the roll. talk with the American people about debt limit again early next year. The Mr. BEGICH. Mr. President, I ask why Medicare is in trouble, why Social President doesn’t want to have to deal unanimous consent that the order for Security is in trouble, and what we with that again because last time we the quorum call be rescinded. need to do to fix them. Our President came up against the debt ceiling—Au- The PRESIDING OFFICER (Mr. will not even talk about that, and gust a year ago—the President had to SANDERS). Without objection, it is so when somebody talks about it in a seri- reduce spending. It is the only time we ordered. ous way, they get attacked by the have actually done anything. We re- THE DEBT CEILING White House. This new budget doesn’t Mr. BEGICH. Mr. President, before I do anything about those issues. duced spending by $2.1 trillion out of speak on the subject matter of a bill I So I think this is not good leader- what was projected to be $47 trillion in have submitted for introduction, Pro- ship. I know Senator MCCONNELL and total spending. So August a year ago, the country tecting and Preserving Social Security Speaker BOEHNER have pleaded with the President to talk about these long- was on track to spend $47 trillion over Act, I wish to comment on two issues term, systemic problems. the next 10 years. Once the agreement that came up for debate or discussion Social Security, Medicare, Medicaid, was reached and $2.1 trillion was saved, earlier today. One was on the debt ceil- and interest on the debt are together we were on a course to spend $45 tril- ing. almost 60 percent of what we spend in lion instead of $47 trillion. Now, Amer- It is somewhat frustrating because at this country, and they are growing at ica is not going to sink into the ocean one point I thought for sure we were three times the rate of inflation. This if we reduce spending that much. It is going to vote on a debt ceiling issue is unsustainable. This is what Erskine still an increase—a very substantial in- that would bring certainty and some Bowles, the man the President chose to crease. Debt would have accrued over predictability to the markets and to head his debt commission, has warned the next decade. Instead of $11 trillion, the economy and not hold that issue us about. In fact, the House proposal it would have been $9 trillion. So we go hostage, as was done a couple of years indicated they would accept an $800 bil- from $16 trillion, to $25 trillion, to $26 ago by some. But some threatened lion tax increase as a good-faith at- trillion in new debt to the country. today to hold the good faith and credit tempt to reach out to the President, That is all that limit did. I believed it of this country hostage in these de- based on what Mr. Bowles had pro- did not go nearly far enough, and that bates on the budget. posed. They basically call it the Er- was a concern of mine, but the agree- The minority leader came forward skine Bowles plan. That is what he sug- ment was at least a step. The Presi- and proposed an idea which seemed like gested, how the tax rates wouldn’t go dent’s plan eliminates the sequester a pretty good one to me—it obviously up, but the deductions would be elimi- and does not pay for it with cuts else- was a pretty good idea to him because nated. You would have a simpler, more where. So it actually increases spend- he brought it forward. I have only been flat tax system. You would bring in ing because it backs off the agreement here 4 years, but from my under- $800 billion more in revenue, and they we reached just last year. standing of history, when a debt ceiling would use this revenue to help reduce Madam President, I believe the issue comes before us as a single item, our deficit. That is the kind of plan American people have a right to be un- it only requires 51-plus votes. For the that is serious. But the President has happy with us. And it absolutely is not first time I can recall since I have been hammered the House plan. Secretary true that if we take the current law here and prior to that time, that has Geithner says it is unacceptable. But it baseline, the President’s proposal cuts changed midway through. They have is the Erskine Bowles plan. That is spending $2.50 for every $1 of tax in- now said: No, we didn’t really mean what it was, and it was a serious, good- crease. In fact, there is no spending re- that. We don’t want to really deal with faith attempt to reach out and deal duction, really. There are only spend- the debt. We told you we did, but we with this crisis. ing increases. No net reductions prop- don’t, so we are going to make you I don’t believe we need tax in- erly accounted for occur in the plan have a 60-vote threshold. creases—any—but if we do, we have to Secretary Geithner laid out, and that People back in Alaska are fed up ask ourselves, Where are we going to is true with the President’s budget too. with these kinds of games, this show- apply them? What are we going to do The budget the President submitted manship to try to one-up the other with them that puts the country on a last year is very similar to this current side. This debt issue was a chance to do sound path for the future so our chil- proposal. It increases spending, it something to create certainty and pre- dren are not having ever larger doesn’t reduce spending. dictability in the markets for the next amounts of debt accruing every month, So we need to know that we are being several months and ongoing, ensuring every year that goes by? asked to permanently raise tax rates in that the markets would not have to

VerDate Mar 15 2010 00:54 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.044 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7669 worry about our credit rating, the good The solution has been around for Oregon, who is on the Senate floor faith and credit of this country on the years. In the 1980s, the Bureau of Labor also, as we talk about the deficit that debts we owe, that they would be cov- Statistics developed what is known as has taken center stage right now, we ered no matter what, which is a good a CPI-E, the Consumer Price Index for want to highlight one very clear thing: thing. That helps us not only in our do- Elderly Consumers. The index more ac- Social Security has not contributed, is mestic markets but across the globe. curately reflects the specific needs and not part of, and never will contribute What we saw was just some more she- purchases of seniors, unlike the cur- to the deficit. So those who like to nanigans or showmanship or an at- rent formula. My bill requires the So- meddle and try to combine it with this tempt to get some good headlines. I cial Security Administration to use the deficit talk are just playing games don’t think there are any good head- CPI-E to calculate the Social Security with our seniors and disabled in this lines for the minority here because it benefits. country. basically showed they were not sincere The second goal of the Protecting It is a separate issue. It is not im- about the issue of the debt. So now we and Preserving Social Security Act is pacting the Federal deficit. And I know are back at it again, and I am a little to make the system fair and more fi- some like to meld it in because then frustrated again. nancially solvent. It does so by making they like to talk about cuts and—their I would request that the minority sure everyone, even the wealthiest favorite line—privatize, which really leader reconsider his position, that he Americans, pays into the program all means seniors and the disabled get a would bring that piece of legislation year long. lot less in the future. They will not get forward. I am ready and I know many A lot of people don’t know what the the guarantee that they paid into. of my colleagues on this side are ready current law does. Under the current Also, I want to give credit to Con- to vote for that. I think it would be in- law, contributions to Social Security gressman TED DEUTCH, who has a simi- credible to show bipartisanship on will be capped once a person’s income lar measure on the House side. Both making sure we have debt certainty in hits $113,700 throughout the year. That plans may be difficult to pass, but we this country so people are not worrying is it. No matter how much more they are going to continue to push forward, about their government’s payment on earn, they stop contributing to Social and we will not be alone. A coalition of its debt. Security for the rest of the year. So let over 300 national and State organiza- Again, I didn’t come here to speak on me make sure that is clear. that, but I felt compelled to because I tions have already endorsed our bill. An example I like to use is us here in Together they represent 50 million am somewhat frustrated about it. Congress. We make $174,000. About the THE FARM BILL Americans. They are onboard because middle or end of September, when we this bill modernizes Social Security Also, I will mention one other thing. hit $113,000 of income, after that point I know Senator HOEVEN—and I consider without cutting benefits. we no longer contribute to Social Secu- Let me repeat that because I know him a friend—is working hard on the rity. So that means anyone making farm bill. I support the farm bill. It is some will say there must be some ben- over $113,000, after that fact they no efit reduction there. It will enhance ready, but it is on the House side. We longer contribute to Social Security. are patiently waiting for them to bring Social Security. It will ensure it con- To me, this is an unfair system. So my tinues without cutting benefits because it forward. I hope they do. It has deficit bill gradually lifts that cap. It also reduction reforms, making sure real the program plays a vital role in the says the more one puts into the pro- economy and security of America’s farmers are getting the benefits they gram, the more they will eventually need, the insurance they need, and en- working families. get out of it. Most of us, including myself, started suring that we are still doing incred- We are working with the Social Secu- contributing to Social Security as ible things with our farming commu- rity Actuary to get a final number, but teenagers. To those who send me e- nities all across the country, including it is fair to say that by lifting the in- mails—I just read one recently—we do Alaska. So I hope the House does some- come cap on contributions, this bill pay Social Security as Members of thing over there that will help reduce will extend the solvency of the Social Congress. I know people don’t think we the deficit and help take care of our Security trust fund for generations. We do, but we do. I saw one on our news- farmers. estimate at least a minimum of two paper blog—I should inform my press SOCIAL SECURITY generations. Mr. President, today I came to the A few weeks ago, back home in An- people, I responded to that without floor to discuss a subject the Presiding chorage I joined a group of seniors. I their knowledge. I wanted to make Officer cares greatly about; that is, presented this piece of legislation to sure that individual knew we pay. I protecting and preserving Social Secu- them at the Anchorage Senior Center. have been paying since I was a teen- rity. I have a piece of legislation that As she loves to describe herself, a ager, and I still pay today. I call the Protecting and Preserving young woman from Alaska stood up— It is important that when people get Security Act, which I introduced Tues- an 81-year-old Korean war Navy vet- to retirement or some tragedy strikes, day. The bill backs up our country’s eran—Beverly was there because the Social Security is there to help make longstanding guarantee that Social Se- majority of her modest income comes ends meet. I am proud of the leaders of curity will be there not just for today’s from Social Security, and she wanted the past who have fought and had the generation but for our grandchildren to know how this proposal would foresight and wisdom to create Social and their grandchildren. strengthen that lifeline for her and Security. The bill has two major components. thousands of Alaskans. Nowadays, some in Washington like One changes the way the cost-of-living In fact, one in nine Alaskans receives to call Social Security an entitlement. increases are calculated to make So- Social Security. With my State’s popu- If by that it means it is a government cial Security benefits more accurate lation of those 65 and older expanding handout, they are flat wrong. Ameri- and fair. The other component adds rapidly, Social Security will continue cans paid for and earned their Social decades of solvency to the program by to play a key role in supplementing a Security. The benefits are modest. No asking wealthier Americans to pay just decent living. If Social Security were one is getting rich off Social Security, a little more. not there for the elderly Alaskans, one- but it does provide an important foun- Today’s COLA—the cost-of-living ad- fifth of them would live below poverty. dation. The values that underlie Social justment—does not take into account It is vital for our State, it is vital for Security are American values. It re- the increasing and rising medical costs all our States, and for this whole coun- wards hard work. The longer one faced by seniors or the disabled. This try. works, the more they earn under Social means their Social Security checks I have no illusions this bill is going Security, the higher their benefits. lose value over the years because costs to pass in the final weeks of the 112th The program reflects the best of go up more quickly than the benefits. Congress, but I wanted to get it into America: hard work, personal responsi- But there is a solution, and again I the mix. I wanted to make sure people bility, human dignity, and caring for credit the Presiding Officer because he get the bigger point. our parents, our children, our spouses, talks about this a great deal in caucus I would say to my Presiding Officer, our neighbors, and ourselves. It also and here on the floor. who says this well, and my friend from assures that those who work long and

VerDate Mar 15 2010 00:54 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.046 S06DEPT1 tjames on DSK6SPTVN1PROD with S7670 CONGRESSIONAL RECORD — SENATE December 6, 2012 hard at low and moderate wages re- is something called a motion to pro- silent filibusters taking up 36 weeks. ceive a larger return on their contribu- ceed in which we have to raise the We get to the decade 2000 through 2009, tion. It is financially prudent and con- question: Should we address this topic? and an average of 48—or almost 1 per servative. And time and time again, we have seen week—starting to squeeze out any abil- Regardless, many people worry that the minority, acting in a partisan fash- ity to address the big issues facing Social Security is going to be broke. ion, say: No, we don’t want to debate. America. But here are the facts based on the an- They have used what is referred to as Then, since I came in 2009, we have nual report of the Social Security the silent filibuster to object and say: had an average of over 60 per year, Board of Trustees. To remind every- No, we don’t want to debate that issue more than 1 per week. The result of body, we get that annual report, a sec- before the American public. We don’t this last 2 years was the most dysfunc- tion of it. We see it every year. It want to debate it with our colleagues. tional legislature in decades; big issues projects the program’s financial status We don’t want to wrestle with this facing America, this floor, and this over the next 75 years. complex topic. forum of deliberation paralyzed by the The latest trustees report issued in Should we get onto a bill, we then see continuous use of the silent filibuster April said Social Security ran a sur- amendments treated in the same fash- on every issue. Essentially what this plus—a surplus—of $69 billion last year. ion, subjected to a 60-vote majority. In silent filibuster has done is convert The report also says the program can fact, that was the premise that the mi- this to a supermajority body. Not only continue to pay all benefits, on time nority leader, the Republican leader, that, converted it to a body that spends and in full, through the year 2033. After put forward in a change of heart just a its entire year just trying to get to the that its shortfall is modest, but it is a few minutes ago, saying he had a pro- vote as to whether we can have a final manageable shortfall. And, as I said a posal, that he reached agreement. But vote. That is the level of dysfunction minute ago, it should not trigger talk at the last second he decided it should we have reached. of benefit cuts, raising the retirement be subject to a supermajority vote. No wonder that public opinion of the age, or privatization. That is exactly what we have seen Senate has plummeted. No wonder the Instead, the modest revenue in- day in and day out, in increasing fash- frustration across this Nation has built creases in my bill will go into effect ion, which has prevented this body that in silence, out of public sight, the gradually and make Social Security from not only addressing the big issues minority has strategically thwarted solvent for decades longer, all without across our country but even the reg- the ability of this body to debate adding to the deficit. We can do this. ular issues of standard appropriations issues. We can protect and preserve the prom- bills. We have 13 such bills that should Over the course of time we see a pe- ise of Social Security for generations come to this floor each year to be de- riod where this body has been run by to come. bated, to be decided, and to be amend- Republicans and run by Democrats, so I ask my colleagues to join me in co- ed, and we don’t get to them. Why every minority has used this in an in- sponsoring this bill. don’t we get to them? Because the en- creasing fashion over time. This is not Mr. President, I yield the floor. tire year is consumed by the silent fili- simply a Republican-Democratic issue The PRESIDING OFFICER. The Sen- buster strategy of the minority. or Democratic-Republican issue. This ator from Oregon. Let me give a picture of what I am is an issue of a systematic change of THE BIG ISSUES talking about. This is a chart that culture where it was understood that Mr. MERKLEY. Mr. President, just shows the number of filibusters the Senate was a simple majority as following up on the comments of my launched as an average per year over envisioned under the Constitution. colleague from Alaska, he has laid out the preceding decades. Both Adams and Madison spoke elo- some very important thoughts regard- Now, I first came to this room when quently to what a supermajority could ing the farm bill, regarding the debt I was 19 as an intern for Senator Hat- do to destroy this body. Now their ceiling, and regarding Social Security. field, and I sat up in the staff gallery words resonate from the past because I applaud him for coming to the floor and covered the Tax Reform Act of we are seeing it happen right before us and sharing his thoughts with our col- 1976. I watched this body raise amend- today. leagues and with the American public. ment after amendment, debate it, de- In this situation, doesn’t it make These are big issues that we are wres- cide it on a simple majority basis, and sense for us to adjust the rules and re- tling with in the Senate. The farm bill proceed to enact tax reform. claim the ability to be a body that de- is something that was passed on a bi- Well, in the 1900s through 1970s there liberates and decides? That is what partisan nature through the Senate. It was an average of one silent filibuster many of us are proposing be debated in is over in the House. It will have to per year. Just one. Under the rules, January. When we start the new 2-year come back through here. We had a pro- this type of objection consumes a week period we should have a major debate posal from the Republican leader put because once the objection is made to on the floor of the Senate about how to forward this morning that we were unanimous consent to hold a majority make this body fulfill its responsibil- ready to vote on and that he objected vote, then a motion must be filed—a ities to the American people. Our re- to himself at the last second. motion by the majority that wants to sponsibility is not to come here and The debt ceiling is an important proceed. So they get 16 signatures, and throw sand in the gears of deliberation. issue because it involves paying the that takes a little bit of time. Then Our responsibility is to come here, bills on the decisions that have already once that motion has been filed—and study the issues, debate them on this been made and implemented by the that is called a cloture motion to close floor, reach thoughtful positions, advo- U.S. Government. It is not about debate—then it takes 2 days to get to a cate for those positions, and propose spending more; it is about paying the vote. that those solutions that have the bills on the spending that has already The vote has to happen a day after an strongest support go forward. That taken place. And it should be debated intervening day. So 2 days are gone. does not happen if the entire year is and discussed and addressed because Then, if 60 Members say, yes, they wasted with the silent filibuster strat- failure to have the responsibility that want to close debate, then we have to egy we have today. every family should have—to pay their have 30 hours of debate time before we So what can we do to address this sit- bills once incurred—poses significant can actually get to a final vote. So a uation? Quite a bit. Let’s start with issues for our Nation. We saw that with whole week is taken up by that proc- the very place that a bill begins, which the credit rating downturn. We cer- ess. is the motion to proceed. This is a mo- tainly have seen that with the impact In the 1970s, the average grew to 16 tion to say let’s come and debate the on the confidence that there was in the per year. That is 16 weeks wasted per farm bill. Let’s come and debate the American system. year. In the 1980s, it grew to 21 per year Defense authorization bill. Let’s come So it should be debated. These big average. Now we are getting to well and debate a spending bill for Health issues need to be debated and decided. over one-third of the number of weeks and Human Services. When that mo- But this Senate often fails to ever get in the course of the Senate year. Then tion was made in the past, it was rare- onto a bill to start with because there we go to the 1990s. We are up to 36 such ly filibustered. This is a chart that

VerDate Mar 15 2010 00:54 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.047 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7671 goes back to 1971. From 1971, here, So we have three motions necessary to floor when you object to a simple ma- through 1982, that entire decade, we establish a conference committee, and jority. When you vote for more debate, had 18 cases where the motion to pro- because all three can be filibustered, you are not required to debate. This is ceed was filibustered—18 over a decade, this silent filibuster—not standing and a surprise. This is the opposite of what plus. taking any public position, this silent ordinary citizens, myself included, be- In fact, during the previous 40 years objection—we have virtually given up lieved across America. Why was that? there had only been a dozen times the the use of the conference committee. I Where did our belief come from? motion to proceed was filibustered. don’t think you can find a State legis- I can tell you it came from this: Why is that? Because there is no inher- lature in this Nation that has so tied When this body believed in its con- ent logic in saying in order to facili- its hands that it cannot even hold a stitutional role to make decisions and tate debate I am going to block debate, conversation between a State House of to make decisions by a majority vote because that is what it is when you Representatives and a State Senate. as envisioned by our Founding Fathers, have this silent filibuster putting up They cannot even hold a conversation. it considered an objection to a simple this 60-vote hurdle to get onto a bill to That is how dysfunctional we have be- majority vote to be a huge deal, a deal begin with. So it makes sense for a come here. in which if you were going to make simple majority to be able to decide That was never part of the argument that objection you would have the let’s go to a bill, let’s debate it. for let’s have extended debate and let’s courage of your convictions to come to What we see over time here is a huge be a cooling saucer, a thoughtful body. this floor even if the rules didn’t re- change. By 2007–2008, we had 57 silent No, that is just a rule: Let’s waste the quire it, you would come to this floor filibusters, out of public sight, to pre- entire time of the Senate and preclude and you would make your case before vent bills from being debated on this the possibilities of even having a con- your colleagues and try to persuade floor; the next year, 31 objections, 2009– versation, a negotiation with the them of your point of view, and you 2010, that 2-year period. The next 2- House. We should eliminate the silent would make your case before the Amer- year period we are in now, we are al- filibuster on motions to get to a con- ican public. It is folks back home who would have ready up to 42 times. ference committee. a chance to weigh in on whether you Clearly we need to return to the cul- Let’s talk about another area. One of were a hero for carrying the torch on ture where the filibuster about an issue my colleagues from Minnesota, AL an important issue or you were a bum so close to your heart or so important FRANKEN, has proposed that instead of because your arguments didn’t hold to your values or so vital to your State having 60 votes to end debate, we water and you were objecting, keeping that you would object and say I am should have 41 to extend debate. Why the U.S. Senate from addressing an im- going to stand in the way; as a matter does that matter? First, in terms of the portant national problem. of principle I am going to stand in the framing of the issue, it really is the mi- That era where the social contract way of a bill that does damage to my nority saying we want more debate. By was that you would have the courage core principles or to the vital interests this I don’t mean minority party, I to stand before your colleagues—that of my State—that might happen a cou- mean 41 from either party coming to- era is gone. Since the rules do not re- ple of times in a career. gether and saying we want more de- quire you to stand, it has become the That is not what we have now. What bate. In that case the vote should be 41 practice to use the silent filibuster to we have now is routine obstruction on votes required to extend debate. kill bills in the dark of night with no every single act, which mires us in lost That has a practical impact. It case being made before your col- time and prevents us from addressing means that somebody who is absent leagues, no case being made before the issues facing America. from this Chamber does not count American people. Let’s return to that situation when automatically on the side of extending It is also true that Hollywood has the motion to proceed was not filibus- debate. It is 41 of those who are here, 41 helped cement the notion that a fili- tered. Let’s make it like the motion to of the 100 who are saying yes, we must buster involves standing before this proceed to a nomination, in which we go forward with more debate. That is a body with the courage of your convic- basically say no, you cannot filibuster very reasonable proposal. It changes tions. Here we have a scene from the that. You have a responsibility to ad- the framing to understand that it is movie ‘‘Mr. Smith Goes To Wash- vise and consent, to get nominations to the minority—not the Republican mi- ington.’’ He was trying to stop a land the floor. If the majority says we will nority but the minority of 51 from both grab where a boys camp should be. He come here and debate it, we will come sides of the aisle comes together and knew what was being done was wrong here and debate it. That is a simple says: Yes, we want more debate. They and he said he is going to take the change that takes care of a lot of the make an affirmative vote of 41. That floor and he is going to stand before his growth in the obstruction that wastes makes sense. colleagues and the American people the Senate’s time and prevents it from Then let’s talk about the talking fili- and he is going to do so as long as he acting. buster. I have been referring through- could stay standing because it was an A second proposal is to get rid of the out this discussion that we are facing important principle that was being vio- silent filibuster on starting a con- silent filibusters. Indeed, when I con- lated with an inappropriate land grab ference committee. Let me lay out the sidered running for the Senate I came back home. scenario for you. The House has passed here and talked to the majority leader The American public is hungry for a bill. The Senate has passed the same about it, and after discussing the possi- this kind of courage, that if you believe bill in a slightly different version. The bility of running I said: Mr. Majority a simple majority is not in the inter- two bodies say let’s meet and talk Leader, while I am here there is just ests of America because of the gravity about this. Let’s work out a common one thing I must say because citizens of an issue, you will stand on this floor position we can send back. That is a in Oregon are so frustrated about this, and make your case. That is what the conference committee. Why would any- and he kindly said yes, go ahead, tell talking filibuster proposes. It says that one object to starting the conference me what it is. at the time you have a vote on any de- committee to negotiate between two I said, it is this: If a minority is argu- bate, if a majority of this body says bills, slightly different, that have been ing for more debate, then make them yes, we should end debate and go for- passed by the two bodies? debate. Make them stand on the floor ward, but a supermajority of 60 is not One could say, is that their only op- and make their case, because all we see yet there—so the vote is between 51 portunity to make a statement about is a quorum call back home. All we see and 59—that says there is still a sub- things that might happen in the con- is the Senate wasting its time. stantial minority of 41 or more who ference committee? The answer is no. The majority leader put his head in want to have more debate, then they Because if the conference committee his hands like this and he said: Let me have to debate. It is as simple as that. comes to a proposal, then they send it explain the way the rules are written. They cannot basically go off on vaca- back to the two bodies and at that He explained to me what I have been tion while there is a quorum call. In- point it is debatable and it could be explaining to all of you, that it is not stead, at least one person has to stand filibustered. That opportunity is there. required under the rules to take the on this floor and make the argument.

VerDate Mar 15 2010 00:58 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.049 S06DEPT1 tjames on DSK6SPTVN1PROD with S7672 CONGRESSIONAL RECORD — SENATE December 6, 2012 Wouldn’t it be an incredible dif- surd? Doesn’t it just make you smile bate, they should be required to make ference if instead of these silent, hid- that a requirement to make a case be- their case and not to kill bills in the den filibusters paralyzing this body, fore colleagues can be framed as a situ- dark of night. Whether it is a progres- Senators who chose for additional de- ation where our views are being sup- sive county or a conservative county, bate had to make a stand before the pressed? No, quite the contrary. We are people believe in transparency and ac- American public? They had to make issuing them an invitation—this af- countability, and they want to see their case and the public could weigh fects people on both sides of the aisle— their Senators making their case on in on whether they were heroes or they to come forward and make their case this floor. Let’s make it so. were bums? In that case, maybe we publicly. Don’t kill these bills with f would get those 60 votes. this hidden maneuver in the dark of Let me give an example. We had a night. If they have the courage of their INTERNET PUBLICATION OF CER- case in which we had an act called the convictions, they should come and TAIN FINANCIAL DISCLOSURE DISCLOSE Act on the floor of the Sen- make their case. If they don’t, then let FORMS ate. The DISCLOSE Act simply said the process proceed. That is the talk- Mr. MERKLEY. Mr. President, I ask that for all campaign donations, the ing filibuster. unanimous consent that the Senate source must be disclosed. It was based I would like to applaud others who proceed to the consideration of H.R. on a premise that had been argued by have put ideas forward that are simi- 6634, which was received from the many on both sides of the aisle over lar. Senator LAUTENBERG of New Jersey House and is at the desk. many years, and it was this: that dis- had a bill that said—where I am talk- The PRESIDING OFFICER. The closure is the sunlight that disinfects ing about after the cloture vote, he clerk will report the bill by title. the political process. If voters know said: Well, let’s require people to talk The assistant bill clerk read as fol- that ad being put up on the air is being during the 30 hours before the cloture lows: done by a certain industry—even vote in order to see if nobody wants to A bill (H.R. 6634) to change the effective though they claim to be the Blue Skies take the floor. Let’s shorten that 30 date of the Internet publication of certain fi- Industry, maybe they are the Polluted hours. That is worthy of debate. nancial disclosure forms. Water Industry—the citizens should We have a responsibility for this There being no objection, the Senate know. If that ad that claims to be from body to debate in a transparent, ac- proceeded to consider the bill. Americans for Healthy Lives is actu- countable fashion and to make deci- Mr. MERKLEY. Mr. President, I ask ally being put on by an industry that is sions so our public can see it. That is unanimous consent that the bill be poisoning people, citizens should have what the talking filibuster does. read three times and passed, the mo- the right to know. This is the DIS- I encourage my colleagues to come to tion to reconsider be laid upon the CLOSE Act. Not only under current the floor and share their thoughts. If table, with no intervening action or de- practice is secrecy allowed, but foreign they are against making their case be- bate, and that any statements related donations are allowed. Foreign compa- fore the American people, then have to the bill be printed in the RECORD. nies are allowed to put unlimited se- the courage to come to the floor and The PRESIDING OFFICER. Without cretive funds into the U.S. system. say: I don’t like this idea because I objection, it is so ordered. Who would defend that on the floor of don’t want to have to make my case in The bill (H.R. 6634) was ordered to a the Senate? The answer is no one. We front of my colleagues. third reading, was read the third time, didn’t have those who wanted more de- I invite my colleagues to come to the and passed. bate willing to debate it. No, they floor and say to the American public: I Mr. MERKLEY. I yield the floor. wanted to obstruct it in silence be- am going to vote against the talking The PRESIDING OFFICER. The Sen- cause they knew the American people filibuster because I don’t want the pub- ator from Wyoming. would not approve of the fact that they lic to see that I am killing bills in the were arguing for secrecy on unlimited dark of night. f Have the courage to come and debate sums of secret funds in American cam- THE FISCAL CLIFF paigns. the issue now and in the future because That was before this last election the American people are looking at us Mr. BARRASSO. Mr. President, I rise cycle when in election after election with extraordinary levels of frustra- to talk about the fiscal cliff the coun- we saw super PACs funneling vast for- tion. They know there are big issues try will face on January 4. We are be- tunes into the primaries for the Presi- facing our Nation. yond the point of the election, and dency, into Senate races, and into Right now we are talking about the there is 4 weeks until the date of the House races. They were funneling the fiscal cliff. Well, the fiscal cliff has fiscal cliff. As Republicans have been money in, and no one knew where it many components. It may be broken pointing out on this floor, Congress came from. Now, some of the contribu- into many different bills that come be- must act soon to take on the numerous tors to those super PACs did disclose fore this body. We need to get rid of the expiring tax provisions and the seques- that they contributed to the super motion to proceed so we can get those ter. I believe President Obama must PACs. They bragged about it. But when bills to the floor to debate them. We provide leadership in those efforts. I the money went from the super PAC to need to make sure that if a group says: have seen very little so far. the State, their name was not attached Let’s block this bill from a final vote, Last week I came to the floor to to it. Nobody knew what funds went to they express their views accountably speak about the fiscal cliff and some of which State. It was basically an attack before the public. It is the least that the concerns I continue to have and by vast pools of dark money. should happen. hear about as I travel to Wyoming just If we had the talking filibuster and The Senate is headed out for the about every weekend. I just got back folks had to rise on this floor and de- weekend. We will be back next week, from there a few days ago, and people fend this secrecy and these foreign do- and I ask for the American public to are very concerned about the direction nations, then we would have gotten the weigh in and to think about the fact of the country and what may happen to 60th vote to close debate and we would that this hidden process is hurting our all Americans on January 1. have a better system to date. ability to address the big issues facing Last week on the floor, I spoke about How about pay equity for women? America. I ask my colleagues to wres- the President’s proposal to raise taxes How about pay equity? I think we tle with that. on people making more than $200,000 a would have had the public weigh in if It is my hope that folks will hold year. In terms of spending next year, they could have seen it was being those conversations with the public that tax increase would pay for just 6.8 torpedoed by the silent, hidden fili- back home. I have done so in every days of what Washington will spend. So buster. Now there are folks—and I have county of my State through my town- the whole proposal the President con- heard them over the past few weeks— hall meetings. I hold one in every coun- tinues to make is basically enough to who say: Oh, this strategy of asking ty every year. I have raised this issue fund the government for not 52 weeks people to talk is a way to suppress the of whether or not, when folks vote for but 1 week alone. The tax increases views of the minority. Isn’t that ab- debate, they should be required to de- President Obama is now trying to push

VerDate Mar 15 2010 00:58 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.050 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7673 through will really do almost nothing paid within 9 months. The tax is cal- is very stressful for many families to reduce our national deficit and noth- culated on those big valuations for the across the country who are running ing to reduce our national debt. farm or ranch property and has to be their own small businesses and their The White House and Democrats in paid in cash. Often, the only way for a own small farms or ranches. At the the Senate are focused only on tax family to pay the tax is to start selling very least, we should extend the cur- hikes while they continue to ignore the off parts of the farm. Families who rent limits worked out in the 2010 com- real drivers of our debt, which are the have farmed for generations are forced promise. President Obama should not out-of-control entitlement programs of to make life-changing decisions regard- be holding up that commonsense solu- Social Security, Medicare, and Med- ing their future, and they have to do it tion so he can satisfy his left-based icaid. Until we find a way to do mean- very quickly. They may have to sell agenda for unrealistically insisting on ingful entitlement reform, no amount land or livestock at a time when prices raising tax rates. of tax revenue will be able to match are low because the tax bill is due im- The other tax increase that is set to the increase in entitlement spending. mediately. If we don’t act in Congress, hit American families very hard very Well, instead of leading the conversa- this tax is going to hit more family soon is the alternative minimum tax. tion, the President continues in his farms, and it will hit them much hard- The Presiding Officer will recall the campaign mode, going around the er, taking a much larger portion of the AMT tax was created in 1969 and that country to try to sell his tax hikes. farm just to pay the taxes. occurred when some discovered there The President and the Democrats in When we take a look at this chart, were 155 people all across the country— Congress are willing to go over the fis- talk about crushed by the death tax in only 155 people—who had made a lot of cal cliff in order to get those tax hikes. terms of the number of small busi- money but didn’t pay any taxes on it, Rather than negotiate in good faith, nesses and the number of family farms and we know why. It was because of they are willing to try to spend their that will be hit under the estate tax in various tax loopholes. Congress could time trying to convince the American 2012 as opposed to what is going to hap- have done something to close those people that it is someone else’s fault. pen in 2013, it is a huge increase in 2013 loopholes but, instead, Congress cre- Going over the fiscal cliff will mean as they find a different way to cal- ated a whole separate tax scheme. another recession, and this one is culate the death tax, and the same is Then, to make matters worse, they squarely on the shoulders of President didn’t index the income limits for in- Obama. It will mean unemployment true with family farms. So the number flation. So Congress comes along every spiking back up over 9 percent. It will of family farms that will be hit by this year and enacts a patch to keep the tax also mean a whole host of tax increases death tax will jump from just under from hitting the middle class. The even beyond the higher tax rates Wash- 100—the current limits—to about 2,400 problem is we still have done nothing ington Democrats want so badly. farms next year. That is an enormous increase and an enormous burden on to patch the AMT for this year. Americans are also facing big increases I have another chart about the mil- on the death tax and the alternative those farm families. The same thing holds true for other lions of people who will owe the AMT minimum tax, also known as the AMT. come next April. In 2011, 3 million peo- Both of these taxes will go up January small family businesses, such as the ple paid the AMT. It was designed be- 1 unless Democrats work with Repub- local restaurant, the grocery on the cause of 155 people who didn’t pay licans and take action to stop the in- corner, or the local auto body shop. taxes. Now we will have 31 million creases that are already scheduled to Again, these are small businesses that Americans who will be hit by the tax occur. may have assets that are worth a lot Now, there is bipartisan agreement but are not easily turned into cash to for the tax year 2012 if nothing is done that these taxes should not be raised. pay a tax bill. to patch the problem. So if we don’t do There is bipartisan agreement that Where I live in Casper, WY, most of something soon, the AMT will hit an these taxes will do great damage to the businesses we have are small busi- additional 28 million taxpayers this middle-class families, family busi- nesses, such as the drycleaner, the flo- year for a total of $92 billion. That is nesses, and family farms. Any effort to rist, the car wash. A lot of those small the extra tax American families face stop these harmful tax increases is businesses are run by families. Maybe when they file their 2012 taxes by April being held up by the President’s insist- it has been in the family for a couple of 15 of next year. These aren’t the privi- ence on raising tax rates—not just rais- generations, and they want to pass leged few who are taking advantage of ing more revenue through tax reform their business down to the next genera- special loopholes the tax was intended and economic growth but specifically tion, but when Washington comes look- to catch. These are 28 million tax- raising tax rates. ing to take its 55-percent cut, which is payers who normally never have to Let’s take a look at the death tax. what is going to happen on January 1, deal with the AMT. It is going to hit Today this tax, also known as the es- that business will be forced to sell off middle-class families in every State, tate tax, is set up at a top rate of 35 assets or maybe just sell out entirely. more than 31 million taxpayers total percent, with an exception for the first When we look at the chart again, we across the country. $5.1 million in the estate’s value. Well, can see that under the limits we nego- We can debate whether it was ever a those are the levels that Congress set tiated in 2010, just 200 small business good idea to enact the AMT a number and the President agreed to in 2010. estates are hurt by the death tax. of years ago, but we certainly should There was a Republican House of Rep- Starting next year, it jumps to about all agree the AMT is about to hit a resentatives, a Democratic Senate, as 2,700 small businesses. Just like with whole lot of people who should never well as a Democratic President in the family farms, we are not talking about have had to worry about it in the first White House. That was in 2010. Those big, faceless corporations. We are not place. Those people are going to have levels are now set to jump dramati- talking about what happens when the to pay the IRS an average of $3,200 cally to a top rate of 55 percent, with founders of Walmart die. We are talk- more in taxes—that is what the IRS is an exemption for just the first $1 mil- ing about what happens when the going to expect—by April 15. Most of lion. Now, $1 million sounds like a lot owner of a small family business dies. these people have no idea they are of money until we start looking at a If these death tax increases go into ef- going to get caught in this AMT trap, situation of family-owned businesses fect, a lot of the sons and daughters are and they have no idea how big a check and family farms. For instance, farm- not going to be able to keep the family they are going to have to write. These ers and ranchers have a lot of assets, business their parents worked so hard are middle-class, hard-working families such as land, buildings, and livestock. to build and pass along. Democrats and who will get hit by additional taxes. Those things are worth a lot of money Republicans agree this would be a ter- Why? Because we can’t take the simple for the purposes of calculating the rible blow to a family farm or to a step of patching the AMT as we always value of someone’s estate, but they are small family business. do. not liquid assets—they cannot just There is so much we talk about when Again, there is bipartisan agreement spend a tractor. it comes to uncertainty, and just the that we need to enact this patch, but it Once a mom or dad dies in the farm uncertainty about what is going to is being held up as part of the fiscal family, the IRS wants the death tax happen next year under the death tax cliff negotiations.

VerDate Mar 15 2010 00:58 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.052 S06DEPT1 tjames on DSK6SPTVN1PROD with S7674 CONGRESSIONAL RECORD — SENATE December 6, 2012 The President has made his offer. He 350,000 jobs or what if it is more than years, though nobody’s bank account, wants to increase taxes, add more 700,000 jobs? This is not what we should if a person is a family farmer, reflects stimulus spending, ignore the entitle- want to do. that. A person’s financial statement ment spending that is the true driver This study also says that raising might reflect that, but their bank ac- of our debt, and hold campaign-style those taxes will decrease wages by al- count doesn’t reflect that unless that rallies around the country to try to most 2 percent and reduce economic person decided they were going to sell convince people it is not his fault if we growth by 1.3 percent in an economy part of the farm. What we don’t want go over the fiscal cliff. President that is barely growing 1.3 percent. If we to do is make people sell the farm or Obama clearly enjoys campaigning, but go totally off the cliff—that was the ranch or continue to have a little piece the election is over. It is time for him proposal of just the tax rates for the of the farm or ranch and more likely to stop campaigning and to start lead- so-called top 2 percent. If we go totally sell a piece of it and that multigenera- ing. This means giving up his stubborn off the cliff, the CBO—the Congres- tion of family farms, in most cases, the insistence on raising tax rates and in- sional Budget Office—says the con- person who dies and their family is im- stead focusing on raising revenue sequences will be even much worse pacted by the death tax, can very like- through tax reform and economic than that. In fact, they say we defi- ly become the last farming generation. growth. It means doing something on nitely would put the country into a re- At a time when we need to focus on these fundamental issues of tax policy cession. job creation, the Joint Tax Committee that both sides agree on. That way Just last month, the Congressional estimates that the increase in the es- American families will not get hit with Budget Office warned that with the tate tax would cost the country over 1 these massive tax increases. population aging and health care costs million jobs. Senator BARRASSO talked Thank you, and I yield the floor. per person likely to keep growing fast- about the State of Wyoming. In the The PRESIDING OFFICER (Mrs. er than the economy, the United States State of Missouri, we have the second SHAHEEN). The Senator from Missouri. cannot sustain the Federal spending highest number of farms in the Nation. programs that are now in place. That is f They are not the second biggest in why a lot of people are talking about many cases but the second highest CREATING ECONOMIC CERTAINTY entitlement reform and think we need number. Mr. BLUNT. Madam President, for to look where the money is and figure We have over 100,000 individual the last few days the Senate has out how to reform these programs so farms. The American Farm Bureau worked as the Senate should work. We we can be sure these programs last. says that right now, with the tax that have had amendments. We have had Programs that are based on how the is in place, 1,100 of those farms would both sides working to find solutions; population looks have to change as the be subject to the estate tax or the the Defense Authorization Act, the population changes. Medicare was put death tax—1,100. If we go back to the Russia trade agreement, a bipartisan in place in 1965. The average person 2000 levels of $1 million, which would be who reaches 65 lives 5 years longer now vote on each of those. In fact, every taking us over the cliff—as going over than they did in 1965. That, of course, time we have approached legislation the cliff would have us do—15,000 Mis- has a big impact on all the projections that way this year, we have actually souri families would be affected at as to how this program would work in gotten something done. The FAA ex- some point in the future by the estate 1965 that was put in place, and we need tension, the Transportation bill, the tax. The difference in 1,100 and 15,000 is to look at that. That is why Erskine postal reform bill, the farm bill, and 13 times as many families would have Bowles, the former Chief of Staff of now the Defense bill all came out of to worry about this tax, and it becomes President Clinton, said just last week: committee, all had amendments, all the motivating factor of how they run had debate, and they all had a bipar- Democrats must move on entitlements in their farm rather than how they can tisan vote that passed the bill. That is cliff deal. . . . We are going to have to reduce the cost of entitlement programs. pass their farm or ranch along to the the way I think the Senate should next generation. I don’t have the num- Senator CONRAD, the chairman of the work. I would like to hope it can work Budget Committee, said, we ‘‘abso- ber in front of me, but when I looked at that way as we approach the end of the lutely need’’ to enact ‘‘fundamental re- those numbers earlier in the year, I year and as we try not to go over the form’’ in our entitlement programs. He think it was about nine times as many fiscal cliff. was warning that Social Security is small businesses in my State would be They call it a cliff for a reason. I ‘‘headed for insolvency.’’ affected by the 2000 levels as would be think a lot of people are acting as Senator DURBIN said ignoring entitle- affected if that same estate was taxed though right below the cliff there must ment reform is not a ‘‘responsible ap- at today’s levels. be a fiscal ledge, but I don’t see the proach.’’ We have people stepping forward on ledge we are going to fall onto. I think We do not want to eliminate these this from both sides of the aisle. I re- we are actually going to—if we go over programs, but we want to be sure they cently discussed this issue with the the cliff, there will be some harm that last, and this is a good time to look at chairman of the Finance Committee, is done. both revenue and spending. Surely, if Senator BAUCUS from Montana, who If we are going to take a balanced ap- this Senate works as the Senate should has spoken out about protecting farm- proach focusing on job creation, we work, we can find out how to do both ers and ranchers in his State who want have to do the things that get spending those things. to pass their property along to their under control as well as the things that My friend from Wyoming just talked children. I told him I would do any- might produce more revenue. Nobody about the death tax, the estate tax. For thing I could to help him maintain the in the President’s party has yet en- all the reasons he mentioned, this is estate tax levels we have now, though dorsed the $1.6 trillion tax package he another tax we need to look at doing both he and I are in support of legisla- has talked about—or I don’t think something about before it goes back to tion that would eliminate the estate there is a growing demand to have the the taxable levels of 10 years ago. tax. That would be my preference. But permanent debt limit increased. I also There are 2 million family farms or very often in a democracy we don’t get don’t think there is any chance Con- farms and ranches in the United our preference. We try to figure out gress will look at the Constitution and States—2 million—and 98 percent of what we might be able to accomplish decide the President, on his own, can them—almost 2 million—are owned by that is not quite all we would want to borrow money. individuals, family partnerships, and accomplish. Keeping this year’s level A number of people who have looked family corporations. To any extent this would be important. at the fiscal cliff all come up with bad is corporate agriculture, it is only cor- Senator LANDRIEU from Louisiana conclusions. In July of this year, a porate agriculture because a family de- called the estate tax at this year’s lev- study by Ernst & Young warned that cided that was the best way to struc- els of estate tax ‘‘a make or break raising taxes on the top 2 percent ture what they owned as a family—98 issue’’ and called it ‘‘inherently un- would destroy 700,000 jobs. Nobody has percent of those 2 million farms. fair.’’ challenged that in any significant way. Cropland prices have gone up more Senator PRYOR from Arkansas has What if it is 500,000 jobs? What if it is than most things over the last few stressed the need for ‘‘stability’’ so

VerDate Mar 15 2010 00:58 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.053 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7675 families can plan. Whatever we do with together, particularly in a Congress lege students fare far worse than their these tax policies, as much as possible, where the Senate is controlled by one peers who graduate from public or pri- we need to do them in a permanent party and the House is controlled by vate nonprofit colleges. way. This business of going 1 year at a the other. What good does it do to force For-profit college students have more time or 2 years at a time on the estate things through our system that cannot debt and oftentimes they graduate tax—if someone’s family has a taxable possibly get to the President’s desk? with worthless degrees and no way to The Senate operates differently from estate event this year, it is not a big even repay their debt. deal; if they have it in January, it is the House of Representatives for a rea- devastating. We don’t need to continue son. I was in the House. I liked the The College Board report found that to have that. House. The House is run by the major- for-profit institutions accounted for 12 This shouldn’t be a partisan issue. It ity. That is the way the Constitution percent of all students enrolled in 2008– is about protecting families and the intended it. They have 2-year terms, 2009, 28 percent of those who entered things they have put together, often and every year after the election, it repayment of their loans in fiscal year working side by side as a family. We was envisioned that the House of Rep- 2009, and 47 percent of those who de- need to work across the aisle on this resentatives would be more responsive faulted on their loans by the end of issue and other issues. to what voters thought they wanted to September 2011. Madam President, 12 RULES CHANGES do that day. But it was also envisioned percent of students; 47 percent of the One of the issues that right now is that the Senate would serve as the rea- defaults—for-profit schools. making that harder than it needs to be son you had to think for a while about Why? They charge too much. The is this discussion of the rules changes. this. It would not just be one election, kids get too deeply in debt. The diplo- Some people want to change the his- but usually in the Senate it takes a mas are worthless or the kids drop out toric role of the Senate which is de- couple of elections where people have of school because they cannot afford to signed to foster compromise and debate verified: No, we want to change course. finish. as we had this week on the Defense And changing course in a country as Another report recently released by bill, or like we had as the Russian great and as big and as diverse as ours the Institute for Colleges Access and trade bill came to the floor. is a big decision. The Constitution Success found that for-profit college Instead of reaching across the aisle, works that way for a reason. this kind of discussion about a rules This is a hornet’s nest that I do not students take out more private student change is an attempt to build a wall. think we need to kick over. Our Na- loan debt than their peers. Now, every time this discussion hap- tion’s Founders knew what they were Private student loans are tough. pens, the minority always appears to doing. Let’s let the House be the House They are burdensome. They do not say the same thing. and the Senate be the Senate. Let’s come with any of the consumer protec- Senator REID, the majority leader, continue to have a reason for two dif- tions that Federal student loans come pledged, in December 2006, ‘‘to run the ferent legislative bodies. If all we are with, such as flexible repayment plans Senate with respect for the rules and having is a House that works like the or loan forgiveness for public service. for the minority rights the rules pro- House and a Senate that works like the Private loans are most prevalent at tect’’ when he became the leader. House, we have significantly mini- for-profit colleges—there is money to He said: mized the great genius of the Constitu- be made on these kids—where 64 per- The Senate was established to make sure tion. cent of graduating students at the for- that minorities are protected . . . and I am Allowing the minority party to exer- going to do everything I can to preserve the profit schools have private loan debt. cise its rights to debate and amend leg- traditions and rules of this institution that I One constituent recently contacted islation should be the rule, not the ex- love. my office about his experience at a for- ception. I hope the Senate, which is led In 2005, then-Senator Obama said: profit college. He attended the Inter- by Democrats today, and will be next If the majority chooses to end the fili- national Academy of Design and Tech- year, will stop this debate and start buster . . . then the fighting and bitterness nology, a for-profit college in Chicago figuring out what we can do together and the gridlock will only get worse. owned by the Career Education Cor- to solve problems, just like we have In that same year, 2005, Senator poration, one of the major league for- done this week with the Defense bill SCHUMER said breaking the rules would profit colleges. ‘‘change the whole balance of power and the trade bill; just like we have and checks and balances in this great done in this Congress with, as I said to His parents did not have the means Senate and great country.’’ start, with FAA and Transportation to pay for his education but helped him And Senator DURBIN warned in 2005 and postal reform and the farm bill— out by cosigning his loans. Now the that what was then called the nuclear all of which came out of committee, student and the parents have $103,000 in option would ‘‘really destroy our sys- were open to wide-ranging amend- student loan debt. One of the loans has tem of checks and balances.’’ ments, had a bipartisan vote, and a 13-percent interest rate and his bal- Everyone will rush and say: Well, the reached the kind of legislative conclu- ance continues to rise. Republicans talked about doing this sion that the Constitution envisioned This young man—young man—would then. That is why these people were and the people we work for have every like to finish his degree, but he cannot making these comments. But the point right to expect. afford to. He cannot borrow any more is, the Republicans did not do it. The I suggest the absence of a quorum. money. He is too deeply in debt. How Republicans did talk about it in the The PRESIDING OFFICER. The about that for a dilemma? Madam majority, and they listened to the mi- clerk will call the roll. President, $103,000 in debt, no degree, The assistant bill clerk proceeded to nority. They listened to the arguments he cannot borrow the money to get a call the roll. about the Constitution, and they did degree. not do it. What you talk about may be Mr. DURBIN. Madam President, I ask Many of these students find out these important, but what you do is really unanimous consent that the order for for-profit courses they took are worth- important. the quorum call be rescinded. Hopefully, Democrats will look at The PRESIDING OFFICER. Without less. They do not transfer anywhere. this again and decide they do not want objection, it is so ordered. The diplomas themselves turn out to to do it. The Senate rules say it takes f be worthless, and many employers just 67 Senators to change the rules. I be- COLLEGE PRICING TRENDS laugh at them. You would never know lieve that is what the Parliamentarian Mr. DURBIN. Madam President, the that from the advertising these for- will rule in the next Senate if this College Board recently released its an- profit schools engage in. comes up. Then, if you are going to do nual report on trends in college pric- I had a group of students in my office it with less than that, you have to im- ing. What the report found was more this morning. They are from Arch- mediately vote to overrule the Parlia- students in debt with higher amounts bishop John Carroll High School—not mentarian and break the rules to of debt than ever before. too far from the Capitol. They are stu- change the rules. The biggest offenders? No surprise, dents who know a little bit about being It does not sound like, to me, that is for-profit colleges. Study after study wooed and enticed by colleges and uni- the way to solve problems or to work continues to show that for-profit col- versities. We talked about this. They

VerDate Mar 15 2010 02:07 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.054 S06DEPT1 tjames on DSK6SPTVN1PROD with S7676 CONGRESSIONAL RECORD — SENATE December 6, 2012 are just being inundated by these more loans. When she graduated, her the Federal Government. They use our schools trying to sign them up. total loan balance was $90,000. That is money, taxpayers’ money, to advertise These young people are 18, 19, 20 pretty tough. She thought it was man- their worthless schools and worthless years old. How are they supposed to ageable though. With interest rates up diplomas. Everywhere you turn you see know that this so-called college is a to 9 percent, though, her balance kept their advertising. joke, that it is a sucker school that ba- growing faster than she could pay off Young people are lured into it. They sically will drag them in, heap debt on the loan. do not know any better. Who can them, and then toss them? They all re- Now she says she does not have any- blame them? It is tough to keep up. membered an ad that I remember from thing on the Earth but student loans. You have to believe if the Federal Gov- television in town that I thought was She says she will never have anything ernment is going to give me a loan to the worst. to call her own because her credit is ru- go to school here, this must be a decent For-profit colleges put out an ad that ined, ruined because she went to col- place. Not true. It is our fault. We need had a pretty young girl. She looked lege and law school, borrowing too accreditation that counts. We need to like she was 19 or 20 years old, and much money to do it. She cannot even hold these schools accountable for there she was lounging in her bedroom qualify for a car loan she is so deeply what they are doing to these students. saying: You know, you can go to col- in debt. She believes no matter how We need to put a limit on the amount lege in your pajamas. They try to get hard she works she will never be able of money they can force these kids into them in this mindset that this is just a to pay off her loans. borrowing. We need to put some skin in click away, a degree is just a click I guess this is a good point in this the game so if these kids cannot get a away—as long as you sign up for the presentation to remind everybody, stu- job after they get out of the college, debt. dent loans are not dischargeable in the schools themselves bear some re- I think these students are starting to bankruptcy—no matter how bad it sponsibility for the debt that is left be- catch on to the fact that they are being gets. When you are so deep in debt you hind. enticed into impossible situations. cannot imagine getting out of it, you We seriously, seriously need to look The Federal Reserve Bank of New cannot get relief in court. Why? at this bankruptcy exemption. This is York’s Quarterly Report on Household Well, we decided, years ago—maybe awful, to think that somebody in their Debt and Credit revealed that total 50 years ago—that government loans 30s or 40s is $200,000 or $300,000 in debt consumer debt fell again in the third would not be dischargeable. There were with a worthless diploma from a for- quarter. Sounds like good news—but a few, perhaps anecdotal stories, Apoc- profit school. Congress needs to take a not for student loans. All other types ryphal stories, maybe, about doctors look at this issue. We cannot ignore it. of consumer debt besides student loans graduating from medical school, then We also need to find some relief for has been decreasing; that is, mort- declaring bankruptcy, and walking Ana and the countless others whose fu- gages, auto loans, even credit card away from their government loans. tures are held back by student loan debt. Meanwhile, student loan debt has Well, we took care of that. We said: debt and who cannot find a way out. been growing every quarter for the last You cannot discharge government stu- This is not a simple problem; there will 10 years. The Federal Reserve Bank of New dent loans in bankruptcy. Then, about not be a simple solution. But for those York calculates that 11 percent of stu- 5 years ago, the for-profit schools came Americans who have nowhere to turn dent loans are now at least 3 months in and said: Count us in too. Let’s but bankruptcy, we should at least pro- delinquent. And it is not just the young make sure they cannot discharge our vide reasonable and realistic relief people. It is their parents, their broth- loans either—which, of course, means from private student loans. As I said to ers and sisters, even their grandparents the for-profit schools get the money these students as they were walking who are trying to show a little kind- and the student never ever can escape out, and I am sure they were stunned ness, be helpful, who cosigned for these the debt. this morning: Be ever so careful. These deadly private student loans at these Ana McNamara does not think now schools will say, you know, it is going for-profit schools. It could be people that she should have even gone to col- to cost $40,000 a year in tuition, but be- who graduated years before who are lege. She says it was a big mistake cause we like you, it is only 20. Think still making payments—people in their that destroyed her life. about signing up for $20,000 in debt, un- forties, fifties, and sixties who end up What a somber message to hear from less it is a school that is really worth with student loan debt. a person who originally thought col- the money. That, of course, is an im- One of these people is Eileen Cruz. lege was part of the American dream, portant decision each family and stu- Eileen took out loans to help her sons as most of us were taught. dent must make. pay for college. She said she educated The cost of college is increasing five I will put in a plug here. For many her sons to the highest standards, as times faster than inflation. It is not students who are not quite sure where most parents dream they will do some- just the for-profit schools, it is across to turn, start with a community col- day. But now she says she feels she is the board. Many for-profit colleges and lege. These are affordable; they are being punished for having done what universities are charging top dollar, local; they have a variety of courses. parents are supposed to do—send their many of them from the people who can Learn a little bit about college and kids to college. least afford it. They will accept any- yourself before you plunge into debt for She goes on to compare student loan body, anybody who can sign on the dot- something that may not pay off. debt to mortgages, but unlike a mort- ted line that they are a college stu- f gage she cannot refinance it. She is dent. EXTREME WEATHER/CLIMATE stuck. People like Eileen Cruz are put- Students often borrow from the pri- CHANGE ting off major life decisions—health vate sector rather than from the Fed- care, dental decisions, retirement—be- eral Government, which means the Mr. DURBIN. Madam President, I cause of student loan debt they in- terms of their loans give them little met with Jo Ellen Darcy, the Assistant curred for their kids. protection. These factors and others Secretary for the Army Corps of Engi- Ana McNamara is another borrower have led to a national student debt cri- neers. She came to my office last week who contacted my office when she sis. For people who really have no to discuss the low levels of water on started to feel hopeless about her stu- other option, as I said earlier, bank- the Mississippi River. This week the dent loans. Ana is nearly 45 years old ruptcy is no relief. National Weather Service reported the and owes more than $200,000 in student We need to do something about this. river was 4 feet below its average water loans. How about that? She did what This for-profit college industry is a na- level at this time of year. I saw it last you are suppose to do. She went to col- tional disgrace—to think that they si- Friday when I drove over the bridge lege. She worked her way through phon off $30 billion a year in student going from Lambert Airport in St. school. She had to take out some loans assistance. If it were a Federal agency, Louis headed home to Springfield. to help pay the cost. the for-profit schools in America would If the level keeps decreasing, the After graduating, she said: I need to be the ninth largest Federal agency, river may become too shallow for barge go to law school. She took out some they take in that much money from traffic to pass between St. Louis, MO,

VerDate Mar 15 2010 00:58 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.056 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7677 and Cairo, IL. The Mississippi River is traced to climate change, extreme They are changing their operations. a critical transportation artery for es- weather events do serve as a wakeup They are preparing for worse and even sential commodities, so the financial call that an environmental crisis of bigger losses. impact if the river shuts down could global proportion is occurring. Insurance commissioners in Cali- reach far beyond the Midwest. I find it incredible how little we talk fornia, New York, and Washington now The low water levels are the result of about this. When I think about our re- require companies to disclose how they this summer’s devastating drought sponsibility in the Senate and Con- are working to plot the effects of cli- that has been continuing to plague gress, we are almost afraid to bring it mate change and their responses. Con- many States in the United States. It up because it is controversial, because gress may be in denial, but the real has been the worst drought in more some on the right are in complete de- world, the private sector, is not. As the than half a century in the Midwest. As nial that anything is going on here. government is the ultimate insurer of of last month, over 60 percent of the The rise in global temperatures has led millions of Americans in the crop in- United States was experiencing to rising sea levels, warmer air and, as surance and National Flood Insurance drought conditions still. In my State of a result, more extreme weather. It has Programs, we have to get serious about Illinois, over 90 percent of the land is also led, at the same time—that is why addressing the cause and effects of cli- still ‘‘abnormally dry’’ or worse. some of this sounds so contradictory— mate change and the solvency and fu- Economists now predict that the to a decline in the size of the Great ture of these important programs. drought will cost the government over Lakes. Lake Michigan is losing water— Computer models suggest that the $12 billion in aid to farmers and ranch- you can see it on the shoreline—at the storms and heat waves we are seeing ers. This is in addition to the cost of same time as we say the oceans are ris- will become stronger and more extreme destruction caused in late October by ing. in the future, causing even greater Hurricane Sandy, the largest hurricane The National Climatic Data Center damage. Congress can no longer afford to ever form in the Atlantic basin. It is just reported that October was the to ignore this issue. estimated that Sandy will cost almost 332nd month in a row of above-average I yield the floor and suggest the ab- $80 billion in Federal funding for the global temperatures. That is over 27 sence of a quorum. replacement of homes, infrastructure, years of warming temperatures. Is that The PRESIDING OFFICER. The and buildings. fair warning? I think it is. During the clerk will call the roll. The assistant legislative clerk pro- Combined, the drought and Sandy last decade, the United States has ex- ceeded to call the roll. will cost the Federal Government tens perienced twice as many record high Mr. COONS. Madam President, I ask of billions of dollars at a time when we temperatures as record lows, and sci- entists project that record highs will unanimous consent that the order for are talking about our debt. It is the job the quorum call be rescinded. of Congress and the administration to outnumber record lows 20 to 1 by the year 2050. The PRESIDING OFFICER. Without help these Americans in time of need. objection, it is so ordered. Make no mistake about it, we should, In May, NOAA reported that America f we will. But we need to be honest about had just lived through the hottest 12 how we plan for disaster spending. Ac- months ever recorded. Even before FISCAL CHALLENGES Sandy and the droughts this year, the cording to a report by the GAO in Sep- Mr. COONS. Madam President, this is United States was still recovering from tember, there have been over 540 dis- a critical moment. Over the next few extreme weather events of last year. In aster declarations in the last 8 years weeks, serious choices must be made February of last year, Chicago was requiring over $90 billion in Federal about how our Nation spends its shut down with 2 feet of snow and 60- aid. It is time we face facts and state money, about our national budget. At mile-an-hour winds when a blizzard the obvious: Weather is getting worse. its heart, a budget is a statement of hammered the city. It caused 36 deaths, Extreme weather events are happening balance. A budget shows the world stranded 1,500 people on Lake Shore with increased frequency and intensity. what we care about, what we prioritize, Drive, which I go back and forth on I held a hearing last year to talk what we invest in, how we intend to every day. I still find it hard to imag- about this issue, to examine whether build our future. Everyone who comes ine: 1,500 people stuck on Lake Shore the Federal Government is prepared for to this Chamber comes with their own Drive. It resulted in $3.9 billion in this. The answer is no. I did not bring values, representing their own State. losses. in the environmentalists, did not even April was the wettest April in 116 But each of us also knows we have to bring in the government employees. I years in the Midwest, forcing the Mis- find a way to bridge those divides to brought in the insurance industry, the sissippi and Missouri Rivers to flood work together to solve the enormous people who write casualty policies, who thousands of square miles. This is 2011 fiscal challenges we face as a Nation. are probably more attuned to the I am talking about. That means addressing the more than weather than anybody. They said many There were 326 tornadoes in May $500 billion in automatic spending cuts, more disastrous weather events will throughout the Midwest and Southern tax increases, and other fiscal changes follow, all of them more expensive. United States, resulting in the dead- all scheduled to take place at the be- The Federal Government needs to liest May since 1933. ginning of the next year and known rethink how we protect Federal assets Wildfires burned 3 million acres of collectively as the fiscal cliff. and provide disaster assistance to com- property across the Western States We find ourselves at the edge of this munities on a more regular basis. causing over $1 billion in damages, and cliff because of our shared beliefs that Many are saying that 100-year weather Hurricane Irene devastated the Atlan- deficits matter and that we can’t keep events are now happening every 2 or 3 tic coast, causing $4.3 billion in dam- spending money we don’t have. As it years. But as we debate climate change ages, a very small amount compared to stands today, our deficit and debt are and global warming, the majority of Sandy but significant still for those af- unsustainable. Last year we ran a Americans view the recent extreme fected. budget deficit of well over $1 trillion, weather events as evidence the problem Nationwide, the financial con- and now we have a national debt that is no longer vague or distant. Many sequences of weather-related disasters exceeds $16 trillion. If we don’t get have likened the effects of climate and climate change hit a historic new these numbers under control, interest change to those of steroids in baseball. high last year. U.S. disasters caused payments will inevitably skyrocket, While no one can say that a given over $55 billion in damages. Federal, taking up a larger and larger percent- home run hit by a player using steroids State, and local governments are pay- age of our budget until they crowd out was the result of the drug, you can at- ing out more every year in damages other critical, progrowth investments tribute the overall increase in the bat- and lost productivity. So the question in our country’s competitiveness and ting average and the number of home is, as a government, what are we going the essential social safety net that runs a player hits during a season to be to do about this? Is this the new nor- puts a circle of protection around the linked to the use of steroids. mal? most vulnerable in our country. I don’t Similarly, though the cause of a sin- The insurance and defense sectors believe either one of us wants to put gle weather event cannot be directly have looked at the scientific data. those two vital things at risk.

VerDate Mar 15 2010 00:58 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.057 S06DEPT1 tjames on DSK6SPTVN1PROD with S7678 CONGRESSIONAL RECORD — SENATE December 6, 2012 When a budget is so out of balance we cerned about tax increases and the fis- to give us a stronger mandate is no have to take a hard look at both the cal cliff. She said that ‘‘the middle longer a tolerable or sustainable path money coming in and the money going class is the heart and soul of this coun- forward. Working together is not a sign out. The only way to get back on try—what keeps it going—what else of weakness but a sign of strength. track, in my view, is to address both can we be hit with? I know that I can- Americans have faced tough times sides of this equation—revenue and not take on any more financially.’’ before, but our strength has always spending. We have to find a balanced So my first call today is let’s give been our unity and our ability to come solution that combines tough spending Deborah and families like hers in Dela- together. It is my hope, my prayer, cuts with reforms to our Tax Code that ware and around the country the cer- that faced with the challenge of the bring in more revenue while also ensur- tainty, before we end this calendar impending fiscal cliff, we can do it ing fairness to taxpayers. I believe year, of knowing their taxes will not go again. there is real momentum for this kind up in 26 days when the calendar turns Madam President, I ask unanimous of big, balanced, bipartisan solution for to 2013. One way to do that is for the consent that I be allowed to enter into the first time in a long time. House to take up and pass legislation a colloquy with the senior Senator We have seen some courageous Re- this body has already considered and from Delaware. publicans in both the House and Senate passed in a bipartisan way that would The PRESIDING OFFICER. Without recently stand and say that revenue extend the Bush-era tax cuts for 98 per- objection, it is so ordered. has to be on the table and a few even cent of families and 97 percent of small Mr. CARPER. Would my colleague that an increase in tax rates for the businesses while also achieving nearly yield? Madam President, I want to follow wealthiest Americans may be nec- $1 trillion in debt and deficit reduction. up—we are supposed to talk about to- essary to get a budget deal that moves This bill extends tax cuts that would morrow being Delaware Day, if I could us forward. They know what we all otherwise expire for all Americans who do that. But I wish to follow up on Sen- know—that, frankly, even the most earn income and for all small busi- ator COONS’ remarks on the fiscal cliff. drastic across-the-board spending cuts, nesses that earn revenue but just on A friend of mine who has done a lot like the kinds contained in the seques- the first $200,000 of individual income of research on the fiscal cliff says that ter that will kick in in January, won’t or $250,000 in family income. if you look at domestic and discre- Tax rates on income over and above save enough to close the budget gap. At tionary spending, that is not really the $1⁄4 million a year would revert to the the same time, across-the-board, meat overwhelming problem as far as why ax cuts to domestic programs violate levels of the Clinton administration, we continue to have a big budget def- some of our basic American values by the time of enormous economic growth icit. The problem is really twofold. One failing to protect the most vulnerable and prosperity. of those is that if you look at revenues This one step would blunt the impact in our society, those who I believe our as a percentage of GDP, historically of the fiscal cliff for the vast majority values call us to put a circle of protec- when we have been in budget, the reve- of Americans and give them the cer- tion around, even in this most difficult nues as a percentage of GDP, at least tainty they so badly need. It would recovery. in the last 10, 15 years, revenues have Risking public safety, for example, also be a serious downpayment on been about 21 percent of GDP. Today by cutting funding for police and fire- meaningful deficit reduction and en- they are about 15, 16 percent of GDP. fighters or leaving families out in the sure that our budget more closely re- But the other big driver in our deficit cold this winter by cutting heating as- flects our values, our fundamental be- situation going forward is health care sistance to low-income seniors—these lief in the American dream and that if costs. It is health care costs, including are not American values. They are not you work hard, you can still get ahead. Medicare and Medicaid. While we have the best way to solve our fiscal chal- Leading Republicans in the House to be smart enough to try to figure it lenge. The truth is that those programs and the Senate, including Senator out while being humane about caring specifically have already been cut more SNOWE and Congressman COLE, have for older people and the poor who count than I would ever have liked to have urged the House to move forward and on Medicaid and Medicare to some ex- seen. The Budget Control Act passed pass this bill to provide badly needed tent, we have to focus on how to get last year made a dramatic $1 trillion in security and certainty to middle-class better health care results for less spending cuts over the coming decade, families before the end of this year. I money. That is what we have to focus which fell like an ax on some commu- join their call, but let’s not stop there. on—how to get better health care re- nity-based programs on which Dela- Let’s keep going and find additional sults for less money. There are a lot of ware families depend and which I used areas of compromise and constructive good ideas for doing that. Some of as county executive, in partnership common ground to provide the business them are actually part of the health with our community, to fight for the community with the certainty they care law for our country. disabled for affordable housing and for need to plan the deployment and in- So it is revenues, and the other key low-income heating assistance pro- vestment of capital so they can get here is better health care results for grams. Americans back to work. This would less money. We need to make sure that So let’s not let this moment pass us provide the market with certainty to we have focused on Medicare and Med- by. Let’s instead seize the opportunity sustain this recovery, while continuing icaid in a humane way and that we do before us and start finding areas where, to invest in our future. This would help so in a way that doesn’t harm, doesn’t across the aisle and between the Cham- families who need to know their budget hurt, is not mean-spirited to those who bers of the Senate and the House, we future and need to be able to have con- depend on those programs. can agree. One of those areas of agree- fidence to take risks, to invest in At the same time, we need to pre- ment is the need to extend tax cuts for growth. They want to educate their serve those programs for the coming the middle class, for families and small children, to buy a larger home, to take generations. For the pages down here— businesses still working their way out care of their children and their par- how old are you guys? Fifteen, sixteen of the deep hole of the financial col- ents. To find the kind of balanced, bi- years of age? Several of you are nod- lapse of 2008 and still making their way partisan, long-term solution we need is ding your heads. We want to make sure through this recovery. to find a solution to all of these prob- these programs are still around when No one from either party, from the lems. you are 65, 66, 67 or older. That is what House, the Senate, or any State in this It is only by coming together over this is for. It is sort of a P.S. to the country, wants to raise taxes on mid- the next few weeks—not as Repub- wonderful comments of my colleague dle-class families and small businesses licans and Democrats but as Ameri- from Delaware. and families like Deborah’s. cans—that we can avoid a fiscal calam- What is tomorrow in Delaware, I ask Deborah is a single mother in Wil- ity that was entirely predictable. This the Senator? mington, DE—my hometown—who is is the result of a decade of unresolved I seem to forget. What is this all working a full-time job and a part-time budget fighting in this Chamber. For about? job on top of that just to make ends both parties, simply blaming the other Mr. COONS. Madam President, as meet. She wrote to my office, con- side and waiting for the next election anyone who has looked at the beautiful

VerDate Mar 15 2010 00:58 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.059 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7679 Delaware flag knows—and it flies in Georgetown where crowds of thousands losers who don’t show up and only the our offices and hallways here—it has a come out to see the candidates, who most arrogant of winners who don’t date emblazoned on the bottom—De- just days before were engaged in vig- show up. So, frankly, it is almost al- cember 7, 1787, and that is known as orous political combat, being polite, ways everybody. In the elections I have Delaware Day. That is the day when being friendly, and waving to the been blessed to stand in and be success- Delaware became the first State to rat- crowds. ful in for the people of Delaware, the ify the Constitution. So to celebrate What happens after that, I ask Sen- Return Day is a great end to the cam- Delaware Day, we do some things to- ator CARPER? paign season and beginning of our sea- gether, don’t we? Mr. CARPER. We have this beautiful son of service to the people of Dela- Mr. CARPER. And we have fun doing center of Georgetown, with all these ware. them. One of the things we are going to beautiful old brick buildings, court- So as we go from the floor now to the do—a great idea from a brandnew Sen- houses and other buildings, and as we reception in honor of Delaware Day, I ator to Delaware about a year ago—is gather there in the circle of George- want to say how grateful I am to serve to have a ‘‘Taste of Delaware.’’ In fact, town—and the Senator may have said with my senior Senator, who has al- we are doing that this afternoon. It is this and I just missed it—but the town ways been personally a model of the ci- not something paid for by the Federal crier comes out on the balcony of the vility, of graciousness, and of the serv- Government but sponsored by our courthouse and he has on his top hat ice that marks the Delaware Way and Delaware State Chamber of Commerce, and his tails and he announces the re- marks Delaware Day which we cele- as I recall, and others of its members sults of the election 2 days earlier. This brate officially tomorrow but which we to sort of be able to show off some of is Thursday after the election. He calls kick off tonight with a reception. the finest of our State, and some of out the results of the election 2 days Mr. CARPER. I would add to that them pretty tasty, as it turns out. So earlier just for Sussex County, DE, this is a commitment to civility that we are looking forward to a lot of peo- where about a sixth of our State’s pop- Senator COONS and I share, and it is ple coming by and enjoying that. ulation lives. He calls out the results of also one that our Congressman JOHN Mr. COONS. We are looking forward everything from President, Vice Presi- CARNEY certainly does, and winning in to doing that in just a few minutes, ac- dent, all the way down to justice of the races before him, Mike Castle. If you tually. We have Dogfish Head Beer, we peace or sheriff. And when he finishes, think of all of those—Castle with a have Grottos pizza, and Capriotti subs, we have a couple of short speeches on ‘‘C’’, CARNEY with a ‘‘C’’, COONS with a and dozens of restaurateurs and brew- the platform there in front of thou- ‘‘C’’, and CARPER with a ‘‘C’’—people eries and wineries from across Dela- sands of people, maybe a patriotic song say what is it with the letter ‘‘C’’ and ware—in age-appropriate settings—who or two, and then the leaders of parties, the State of Delaware? If I can, before will make available some of the finest Democrat, Republican, maybe Liber- I close here, I want to roll back in time of what Delaware has to offer. So it is tarian chairman, take a hatchet—a about the economy of our State. People my hope members of staff and our col- pretty big hatchet—and they grab it, say what do you all do there? How do leagues will join in the celebration of each holding on, and they put it down you provide for your living, your in- Delaware Day. in a glass aquarium half full of sand. come? I would say the economy of our One of the questions folks who are And then someone brings in some State is pretty much founded on the listening might have is: What about buckets of sand, maybe from Rehoboth letter ‘‘C.’’ It includes corn. We started Delaware are you celebrating? It is, in Beach or Dewey Beach, and they cover off by growing corn. Then chickens. my experience—and I believe my col- up and literally bury the hatchet. There are a whole of lot of chickens Some of my colleagues from New Jer- league’s—a State that is not just the there. For every person in Delaware, sey said: If we had a ceremony like First State because of a wonderful ac- there are 300 chickens. For anyone lis- that in our State, and we buried the cident of history, where we were the hatchet, it probably wouldn’t be in the tening and wondering what to have for first State to have the vision and the sand. It would be in the anatomy or dinner, chicken would be good. We have courage to sign the Constitution, to some part of the body of our opponents. chemicals—the DuPont Company. A ratify it, but it is also a State that has But we do it in the sand. And then we poor impoverished French family came a nearly unique culture—a culture of have maybe a benediction, and we go to Delaware over 200 years ago and es- respect, of innovation, of education, off and eat, and people open their tablished what I call the DuPont coun- and of civility. It is a place that has a homes for a reception. So as the day try club. They didn’t have many mem- special, even a unique political culture, carries on and the Sun sets in the west, bers. They figured they needed to es- one that is at times the polar opposite the travails and the passions of the tablish some jobs so people could join of what I have seen here—forgive me, election begin to dissipate and people their country club, so they started a Madam President—in the last 2 years. start to think and refocus not on how chemical company, and a power com- Delaware, much like New Hampshire, do we beat our opponents’ brains out pany, and now they have quite a suc- feels and seems like a small town that but how do we work together to govern cessful science company in our State— is, through the magic of federalism and our State. for over 200 years. We have cars. We the Connecticut Compromise and the It is a wonderful tradition. We have have built a lot of cars over the years Continental Congress, a State with two talked about this before. I think we for GM and Chrysler. We are home to Senators. could use a return day for our country. corporations of over half the New York One of the things I am proudest of It certainly works in our State. It has Stock Exchange, half the Fortune 500. about my State—and Senator CARPER a very civilizing effect on all our cam- Credit card businesses are in our State. knows this well—is a tradition that paigns. The coast of our State is the site of the just celebrated its 200th anniversary. It Mr. COONS. Whether it is the recep- Nation’s summer capital—Rehoboth is the epitome of what we call the tion in the morning, the long carriage Beach and a bunch of other places. So Delaware Way. It is a tradition that ride through the middle of Georgetown, the letter ‘‘C’’ has been pretty big. happens 2 days after every election. It the speeches on the podium, the an- People say: Well, why do they call is called Return Day, and it happens in nouncement of the results, the literal you the First State? Well, we are actu- Georgetown, which is the county seat burying of the hatchet, or the recep- ally the first colony that threw off the of our southernmost county, Sussex tions that go on all afternoon and into yoke of British tyranny on June 15, County. What happens 2 days after the the night, the experience of Return 1776 and at the same time said to Penn- election—or the first thing that hap- Day for me—and I believe for my col- sylvania, take a hike, we want to be a pens, because there are a lot of dif- league Senator CARPER—has been one State on our own. And then 225 years ferent pieces to it—is we all gather out of reconciliation, one of moving past from tomorrow, to be exact, we were at a local farm, and two by two—ark the election and then forward toward the first State to ratify the Constitu- rules—the candidates who ran against the challenge of making decisions to- tion. each other in the general election get gether for the people we represent. We have the best beaches in the into horse-drawn carriages and ride— Everybody shows up—the winners country. Last year I think there were slowly—down the main streets of and the losers. It is only the sorest of four five-star beaches in America, with

VerDate Mar 15 2010 02:14 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.060 S06DEPT1 tjames on DSK6SPTVN1PROD with S7680 CONGRESSIONAL RECORD — SENATE December 6, 2012 two of them in Delaware—Rehoboth That constitution that enabled gen- ice men and women in classrooms and Dewey Beach. We have the best Air eration upon generation of Americans around the country since 1994. It brings Force base, we think, in the world. We had a preamble which said: to secure veterans and servicemembers into were first in Ph.Ds per capita. We have, the blessings of liberty for ourselves some of the hardest-to-serve areas in I think, the finest Judiciary—acknowl- and our posterity. It is important in our country. edged year after year after year as the these days of these budget discussions But in Colorado and across the finest judicial system in the States. We to remind ourselves they didn’t stop United States we have school districts have the best financial controls and with themselves. The document doesn’t near military installations that have cash management system. We have had stop with ourselves. It is about our- not been eligible to participate in triple A credit rating since—what was selves and our posterity. That is what Troops to Teachers. These barriers that guy’s name as Governor, Carper or we are talking about here when we are send exactly the wrong message. If vet- something? We continue to have that involved in this budget discussion. erans want to make a difference in a kind of credit rating. So we are proud These aren’t decisions that are about student’s life, they should be able to of being first. ourselves, these are decisions that are teach where they are needed most. What is our State motto? ‘‘It is good about the next generation of Ameri- That is why in 2009 I worked with Sen- to be first.’’ And we attempt to be first cans and the generation after that. And ator MCCAIN and his staff to introduce in a whole lot of ways. Some things it is time for us to do our job. It is time legislation to make it easier for vet- you don’t want to be first in, and we for us to walk back from this fiscal erans to participate and continue their want to be last in those. But we are cliff and come up with a comprehensive service in our classrooms. These changes to the program will proud of what we are first in—first in plan. We know what the outlines of increase the number of schools eligible civility. that are today, and we need to stop to participate by 49 percent. In Colo- As Senator COONS said, this all goes playing political games in this holiday back to Return Day. When you an- rado alone, that means it will open season and get this work done, not for over 1,000 of our schools to veterans nounce your candidacy for election, ourselves but for our posterity. whether it is for the U.S. Senate or as and servicemembers who want to par- sheriff, you know at the end of the f ticipate. As someone who has spent a campaign—2 days after the campaign— TROOPS TO TEACHERS lot of time in the classrooms as a you are going to be in Georgetown, DE, Mr. BENNET. Madam President, as former superintendent of the Denver Public Schools, the benefits of Troops in a horse-drawn carriage or maybe an you know, I have been to the floor to Teachers for our students are crys- antique car with the man or woman many times in the last several years to you were running against, their family, tal clear to me. talk about the dysfunction that reigns When he talks about this program, your family, and surrounded by friends in this place too often. But today I am Senator MCCAIN often mentions his and supporters and thousands of other here on a happier occasion because I people. And I think it has a very tem- English teacher—Mr. William B. want to celebrate an accomplishment, Ravenel—an Army veteran who served pering effect on the nature of our cam- a bipartisan accomplishment that I paigns, a wonderful effect. with General Patton in World War II. think is very important. We were able Because there is no way I could say it That is one of much that we are to work together earlier this week to proud of in our State. We are lucky to better, I wish to quote my friend from improve and expand something called Arizona. be Senators from this State, but this is Troops to Teachers. Nothing makes a a State that works and focuses on re- Every child should be blessed with a teach- greater difference to student learning er like I had, and to learn at institutions sults. This is a State where we govern than great teaching. Our teachers are from the middle, whether the Governor with high academic standards and codes of critical to our kids’ success and, to a conduct that reinforce the values their par- is DuPont or Castle or CARPER or greater extent, our country’s competi- ents try to impart to them. Many students Markell. And whether the Senator is tiveness in the economy. do have that opportunity. But too many do CARPER or COONS or Biden or Kaufman, America’s future depends on our abil- not. And government should be concerned we govern from the middle. We are a ity to recruit and retain great teach- with their fate. State where Democrats and Repub- ers. And by the way, we are falling I could not agree more with Senator licans actually like each other. We just down on the job. Fifty percent of the JOHN MCCAIN. Our military is the want to get things done and do what is people who go into teaching leave the strongest in the world not because of right for our State. profession in the first 5 years, which our weapons or our tanks but because With that in mind, we hope some of means we don’t have the benefit of the of the men and women who choose to our friends and neighbors can join us experience they have gained over that serve. Troops to Teachers enlists their later today in the Russell Building up period of time. And I will save for an- talents, their drive, their commitment on the third floor. We will make a to help make America’s system of pub- toast to Delaware and enjoy some sar- other day what we need to do about this, but for today’s purposes let me lic education once again the driver of saparilla and some other goodies as the American dream. well. observe we have done almost nothing— virtually nothing—as a country to I am glad to have done this bipar- It is a great joy to serve with my tisan work with Senator MCCAIN to change the way we think about recruit- friend. pass this amendment, and I wish to ing teachers, retaining teachers, inspir- Mr. COONS. I thank my colleague. thank Senator MCCAIN and his staff ing teachers in this country since we With that, I yield the floor. who worked so hard to get this over the had a labor market that discriminated The PRESIDING OFFICER. The Sen- finish line. ator from Colorado. against women and gave them two pro- Finally, I would like to thank Sen- Mr. BENNET. Let me be the first to fessional choices, one being a teacher, ator WEBB for his leadership on this congratulate my two colleagues from or a nurse. initiative, as well as Chairman LEVIN Thank goodness, those days are long Delaware on Delaware Day. Have a and the staff of the Armed Services gone. But we have not modernized our happy Delaware Day. Committee. We have a lot of great things in Colo- system to make it as attractive to peo- Mr. President, I yield the floor. rado, but I am not going to try to ple as it needs to be if we are serious The PRESIDING OFFICER (Mr. outcompete you on beaches this after- about educating the next generation of BLUMENTHAL). The Senator from New noon. We don’t have a lot of those. I do Americans. I believe it is our duty in Mexico. think it puts me in mind of something, that context to ensure we support new f and that is our constitution. Delaware, and existing pathways to the teaching as Senator COONS mentioned, was the profession. We should be making it CUBA TRADE EMBARGO first State to ratify the Constitution of easier, not harder, for those who want Mr. BINGAMAN. Mr. President, ear- this great country. My State didn’t be- to serve our country in America’s lier today, the Senate voted to grant come a State until nearly a century classrooms. Troops to Teachers is one permanent normal trade relations to later. We are the Centennial State as a of those undertakings. It has been re- Russia by a vote of 92 to 4, and I result of that. cruiting and placing veterans and serv- strongly supported that bill.

VerDate Mar 15 2010 02:01 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.062 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7681 To extend PNTR to Russia, we had to The Cuban government wages a permanent similar approach with Cuba, expanding repeal an out-of-date policy that was campaign of harassment and short-term de- economic ties while continuing to put adopted during the Cold War; that is, tentions of political opponents to stop them pressure on those responsible for re- the Jackson-Vanik amendment. I wish from demanding respect for civil and polit- pressing basic rights and basic free- to speak briefly on the Senate floor ical rights. The Cuban government should re- lease all political prisoners. doms. this afternoon about another out-of- Ultimately, because of the web of date policy of the Cold War that I be- The Cuban Government should also sanctions legislation that has been en- lieve should be ended; that is, the trade release Alan Gross, the American who acted over the years, only Congress has embargo on Cuba. has been jailed for more than 3 years the authority to fully lift the embargo. I have spoken about this many times now for distributing telephones in But until Congress is willing to end in the past. Along with Senator Pell, Cuba. As I understand it, he is in poor that embargo, I hope the President will Senator Dodd, and many others, I ar- health and a humanitarian parole is act. gued against the Helms-Burton Act in more than justified. The President has substantial au- 1996. When we hear about the Cuban Gov- thority to loosen the restrictions on For the past 50 years, our country’s ernment’s policies toward people—the travel and commerce. President Obama policy toward Cuba has been essen- repression of their basic freedoms, the has already taken important steps, for tially stagnant. The core element of persecution of political dissidents—it example, by removing restrictions on our foreign policy—which is the embar- is understandable to want to punish family travel and authorizing licenses go—was authorized in a proclamation the government and to weaken it so it for the sale of communications equip- signed by President Kennedy on Feb- collapses. We have to ask ourselves if ment. I urge the President to make ruary 3, 1962; that is, 51 years ago. At our goal is to punish the Cuban Gov- maximum use of the authorities he that time, President Kennedy justified ernment or, instead, to help the Cuban does have to relax sanctions. It should the embargo by citing the ‘‘ . . . sub- people. Our goal should be to help the have been done long ago. I hope it can versive offensive of Sino-Soviet Com- Cuban people. be done soon. munism with which the Government of Further, we have to ask ourselves I yield the floor and I suggest the ab- Cuba is publicly aligned. . . . ’’ whether continuing the embargo will sence of a quorum. He also stated his willingness to accomplish that goal. In my view, the The PRESIDING OFFICER. The ‘‘. . . take all necessary actions to pro- answer is clearly no. clerk will call the roll. mote national and hemispheric secu- It defies belief and 50 years of histor- The assistant legislative clerk pro- rity by isolating the present Govern- ical evidence to think that continuing ceeded to call the roll. ment of Cuba and thereby reducing the the embargo will result in the toppling Mr. REID. Mr. President, I ask unan- threat posed by its alignment with the of the Castro regime. That regime has imous consent that the order for the communist powers.’’ survived 50 years of sanctions. Fidel quorum call be rescinded. The PRESIDING OFFICER. Without It is an understatement to say Presi- Castro is 84 years old. Raul Castro is 81 objection, it is so ordered. dent Kennedy’s rationale is from a dif- years old. It is much more likely that ferent era. The Cold War is over. The old age and ill health will end their f ‘‘subversive offensive of Sino-Soviet rule rather than the embargo ending TRIBUTES TO DEPARTING Communism’’ has been turned back. their rule; nor will continuing the em- SENATORS What remains of the Communist pow- bargo into a sixth decade—which is JIM WEBB ers he was referring to are now our what we are now in danger of doing— major trading partners. We have now Mr. REID. Mr. President, I wish to result in the release of Alan Gross or say a few words about my friend and extended permanent normal trade rela- political prisoners in Cuba or a sudden tions to Russia, which was, of course, colleague Senator JIM WEBB. He has shift to democracy. the principal Communist power to made a decision not to run for reelec- A better approach is to build rela- which President Kennedy was refer- tion which, for me, is very sad, but it is tionships between the people and busi- ring, and neither Cuba nor those Com- truly not a good deal for the State of nesses in the United States and the munist powers pose a threat to na- Virginia or our country. JIM WEBB has people and businesses in Cuba. Inter- tional or hemispheric security today. served one term in the Senate. He ac- The world has changed. It is long action is a more powerful driver of complished more in that one term than past time that we change our policy to- change than isolation. We should allow most do in a lifetime. I repeat, I am ward Cuba. The embargo should have more travel, we should allow more very sorry to see him leave. been lifted decades ago. It does not communication, and we should allow JIM is a graduate of the U.S. Naval serve our national interest. It does not more commerce. Academy, a highly decorated Marine. make our country safer. It does no I wish to be clear that ending the em- He was an infantry officer and served good for the people of Cuba whom we bargo would not mean we agree with with distinction in Vietnam, and that claim to want to help. They would have the Cuban Government’s policies, nor is an understatement. He did serve better jobs and better lives if they does it mean we must stop advocating with distinction. He earned a Navy could do business with the United for basic freedoms and democracy in Cross, which is the second highest States, which is the biggest economy that nation. We need to be clear-eyed decoration in the Navy and Marine in the world. The embargo does not about the human rights abuses in Corps. He got that for heroism in Viet- help their families in the United Cuba. But the United States, as the nam. He was awarded a Silver Star, States. Until recently, their families in only remaining superpower in the two Bronze Stars, two Purple Hearts. the United States were severely re- world, should be able to balance these He, of course, wanted to be in the stricted in how often they could visit goals. It is the approach we have taken military all of his life, but when he re- and how much money they could send with China. It is the approach we are turned from Vietnam he could not do it back to their relatives. It is ironic that taking with our vote today with Rus- anymore. His injuries from the war for so long our policy for opposing the sia. prevented him from doing that. He at- repression of freedoms in Cuba has in- I wish to point out that as in Cuba, tended Georgetown Law School where cluded restricting the freedom of there are significant concerns about he graduated with distinction, served 4 Americans to travel to see their fami- human rights and democracy in Russia. years with President Reagan as Assist- lies in that country. In fact, the legislation we voted on to ant Secretary of Defense and Secretary As I have said before, I deplore the expand our economic ties with Russia of the Navy. He was the first Naval repression of the Castro brothers’ gov- includes sanctions targeted at people Academy graduate to serve as the civil- ernment. The United States should who commit human rights violations. ian head of the Navy. He is also an au- support the efforts of the Cuban people Those provisions are, of course, called thor, having written six books, a to fight for their basic rights, and they the Sergei Magnitsky Rule of Law and filmmaker, screen writer. He even won need our help. Earlier this year, Am- Accountability Act. They were au- an Emmy. nesty International issued a damning thored by Senators CARDIN, KYL, Long after JIM WEBB left the Marine assessment that said: MCCAIN, and others. We could take a Corps, and despite his many civilian

VerDate Mar 15 2010 00:58 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.066 S06DEPT1 tjames on DSK6SPTVN1PROD with S7682 CONGRESSIONAL RECORD — SENATE December 6, 2012 accomplishments, he remains a marine Once he was elected, he was a marvel care bill. He has given me wonderful in- at heart. He is a marine through and to watch. He believed he could change formation on immigration—which I through. He learned the tradition of the world. He did change several cor- have spent a lot of time on. I have read service at home, although home ners of the world. Let me give one ex- some of his books. I have not read changed often with his father’s duty ample. He was a new Senator and he them all but I read a couple of them. station. Jim’s father was an officer in came to me and said, I have an idea. He is somebody I will miss very much the U.S. Air Force and a pilot during JIM WEBB is not a person who just fo- and I will always consider JIM WEBB World War II. cuses on an idea and walks away from somebody who made me a better per- JIM’s son, Jimmy Webb, a marine it. When JIM WEBB came to see me, he son. who served in Iraq, continued that tra- had the legislation he had drafted. It I suggest the absence of a quorum. dition of service. Although JIM WEBB was not sent to some bill drafter to The PRESIDING OFFICER. The was a vocal opponent of the Iraq war, have him look it over, he drafted the clerk will call the roll. he was incredibly proud of his son’s legislation himself. What did he want The legislative clerk proceeded to service as a soldier in battle-torn Iraq. to do? He wanted to introduce a post- call the roll. Every day of his 2006 campaign, JIM 9/11 GI Bill Of Rights. What he wanted Mrs. HAGAN. Mr. President, I ask WEBB wore his son’s combat boots. It to do was expand educational benefits unanimous consent that the order for was a tribute not only to Jimmy, his for military families and he brought the quorum call be rescinded. boy, but to all people who have been our commitment to our veterans to the The PRESIDING OFFICER. Without sent into harm’s way, he said. standard enjoyed by World War II vet- objection, it is so ordered. I met JIM WEBB in my office not far erans. He was just a freshman Senator. f from here as a result of Senator Bob After spending about an hour with Kerrey asking me if I would spend him with facts and figures and the ac- MORNING BUSINESS some time with him. I was happy to do tual legislation, I said sign me up. I Mrs. HAGAN. Mr. President, I ask so. I will never forget that meeting, will do whatever I can to help you with unanimous consent that the Senate just the three of us in the room. Those it. proceed to a period of morning business of us who worked with Bob Kerrey A brandnew Senator passed this with Senators permitted to speak know he is and was such a vibrant per- major piece of legislation. He built a therein for up to 10 minutes each. son. He was almost mischievous, I coalition of veterans and Democratic The PRESIDING OFFICER. Without guess you could put it. You could just and Republican Senators to fight for objection, it is so ordered. tell he had a little touch of this legislation. Since this legislation f differentness. became law in 2008, more than 750,000 ADDITIONAL STATEMENTS When he brought JIM in to visit with veterans of the wars in Iraq and Af- me I learned very quickly they were ghanistan and their families have used both warriors—Bob Kerrey, a Navy the program to access the education TRIBUTE TO SHERIFF DANNY Seal, recipient of the Medal of Honor, they deserve. HICKMAN and JIM WEBB, as we said, Navy Cross, JIM, who speaks Vietnamese, has also ∑ a Silver Star, two Bronze Stars, both helped shape our country’s foreign pol- Mr. BOOZMAN. Mr. President, today veterans of the Vietnam war. icy in other places. He played a key I wish to honor Boone County Sheriff As we sat talking, it was obvious role in Burma where he secured the Danny Hickman for his commitment to they were both fighters, warriors. JIM rights of democracy activists such as safety and law enforcement during 14 certainly proved that in his 2006 cam- Aung San Suu Kyi, who came and vis- years at the helm of the sheriff’s de- paign. The reason Bob wanted me to ited us a month or so ago. partment. visit with him is because JIM WEBB had JIM WEBB is a unique individual in so Sheriff Hickman made a career of decided he wanted to run for the Sen- many different ways. He has visited helping others, serving in the fire de- ate. What did I think of it? many of the places where the battles partment, medical, and law enforce- I probably told JIM what a lot of peo- were fought in World War II. He went ment fields, as well as the Boone Coun- ple told him: You want to run for the to those islands and spent time walk- ty Quorum Court before being elected Senate? The election is right upon us. ing to see what the veterans had gone sheriff in 1998. He said, I want to do that. through in a war prior to the one in His dedication to safety and law en- Not many believed he had any chance which he was involved. He actually did forcement has been instrumental in the of winning. He believed he could, Bob that. It was physically hard, but he improvements within the department Kerrey believed he could, but he ran wanted to do that and he did it on his and the services available to the citi- because he wanted to and, boy, did he own. zens of Boone Country. Sheriff Hick- run hard. Robert Kennedy said: man made 21st century improvements For me, though, it did not settle in Few will have the greatness to bend his- to office computers, patrol cars, and my mind until the night before the tory itself; but each of us can work to change provided resources for additional train- election. There was an event in Alexan- a small portion of events, and in the total of ing for officers and staff. dria, VA. It was a cold November night. all those acts will be written the history of In addition, he continuously strived I stood with JIM on that stage. I real- this generation. for opportunities to learn the newest ized then that he could win. People JIM WEBB should be proud of his methods available to law enforcement were lined up for blocks. ‘‘Lined up’’ part—it was not a small part—in writ- officers in programs offered by the Uni- was the wrong word—people covered ing the history of his generation. He versity of Arkansas division of Crimi- blocks. Every open space as far as you did it in the battlefields in Vietnam. nal Justice Institute and to help meet could see was filled with people. He did it in the Pentagon. He did it the needs of rural communities during President Clinton was there. I was here in the Senate. the Rural Executive Management In- there. They didn’t come to see me, of I do not know what is ahead for JIM stitute. course. They came to see not President WEBB, but we have not heard the last of His efforts helped bring nearly $1⁄2 Clinton, they came to see JIM WEBB be- him. He has a wonderful, beautiful wife million in Federal grants for school re- cause he was doing the impossible. He and wonderful children. He left his source officers, a domestic violence of- had captivated the voters. He was mark on the Senate and he will never ficer, radio and camera equipment for unafraid. He spoke his mind. And what be forgotten, even though he served area schools, and law enforcement a smart man. here one term. I am really sorry his services in Boone County. Sheriff Hick- I marvel at the intelligence of JIM Senate career was not longer, but I am man made safety improvements a pri- WEBB, his ability to learn and to ex- gratified it was so productive. ority. press his ideas. As I said, he captivated I congratulate JIM WEBB and express He has a true passion to making sure the voters. That is really why he won on this RECORD how much I admire him the people of Arkansas. Sheriff Hick- the race he should not have been able and what a strength he has been to me. man is the past president of the Arkan- to win. He was a strength to me on the health sas Sheriff’s Association and currently

VerDate Mar 15 2010 00:58 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.068 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7683 serves on the Arkansas Association of H.R. 6223. An act to amend section 1059(e) EXECUTIVE AND OTHER Counties Risk Management Trustees of the National Defense Authorization Act COMMUNICATIONS Board. for Fiscal Year 2006 to clarify that a period of employment abroad by the Chief of Mis- The following communications were I congratulate Sheriff Danny Hick- laid before the Senate, together with man for his successes in law enforce- sion or United States Armed Forces as a translator, interpreter, or in a security-re- accompanying papers, reports, and doc- ment and keeping Arkansas citizens lated position in an executive or managerial uments, and were referred as indicated: safe. I wish him continued success in capacity is to be counted as a period of resi- EC–8448. A communication from the Acting the future. We are all grateful for his dence and physical presence in the United Deputy Director, Office of Sustainable Fish- years of service and leadership in States for purposes of qualifying for natu- eries, Department of Commerce, transmit- Boone County.∑ ralization, and for other purposes. ting, pursuant to law, the report of a rule en- f H.R. 6602. An act to make revisions in title titled ‘‘Coastal Migratory Pelagic Resources 36, United States Code, as necessary to keep of the Gulf of Mexico and South Atlantic; TRIBUTE TO SERGEANT FIRST the title current and make technical correc- 2012–2013 Accountability Measure and Clo- CLASS TOMMY SHOEMAKER tions and improvements. sure for Gulf King Mackerel in Northern ∑ Mr. VITTER. Mr. President, I rise H.R. 6605. An act to eliminate an unneces- Florida West Coast Subzone’’ (RIN0648– today to honor a true American hero. sary reporting requirement for an unfunded XC273) received in the Office of the President During a parade honoring our veterans DNA Identification grant program. of the Senate on November 30, 2012; to the H.R. 6620. An act to amend title 18, United Committee on Commerce, Science, and on November 15, 2012, in Midland, TX, States Code, to eliminate certain limitations Transportation. four of veterans lost their lives when on the length of Secret Service Protection EC–8449. A communication from the Dep- their float was tragically struck by an for former Presidents and for the children of uty Director, Office of Sustainable Fisheries, oncoming train. Sixteen other veterans former Presidents. Department of Commerce, transmitting, pur- were also injured. The message also announced that the suant to law, the report of a rule entitled That day, SFC Tommy Shoemaker ‘‘Fisheries of Exclusive Economic Zone Off House agrees to the amendment of the Alaska; Pacific Ocean Perch in the West was among the veterans being honored Senate to the bill (H.R. 2838) to author- for their service, and his float was di- Yakutat District of the Gulf of Alaska’’ ize appropriations for the Coast Guard rectly ahead of the one struck. Upon (RIN0648–XC113) received in the Office of the for fiscal years 2012 through 2015, and President of the Senate on December 3, 2012; witnessing this tragedy, SFC Shoe- for other purposes, with an amend- to the Committee on Commerce, Science, maker jumped from his float that was ment, and agrees to the amendment of and Transportation. traveling 40MPH. He, his fellow vet- the Senate to the title of the bill. EC–8450. A communication from the Dep- erans, and other soldiers began imme- uty Director, Office of Sustainable Fisheries, diately assisting those injured. Prior to The message further announced that Department of Commerce, transmitting, pur- ambulances arriving, they provided the House has agreed to the following suant to law, the report of a rule entitled CPR and life-saving aid to stabilize concurrent resolution, without amend- ‘‘Fisheries of the Northeastern United those injured. SFC Shoemaker’s self- ment: States; Summer Flounder Fishery; Commer- less act of heroism not only saved lives S. Con. Res. 50. Concurrent resolution ex- cial Quota Harvested for the State of New York’’ (RIN0648–XC294) received during ad- but also is a testament to the special pressing the sense of Congress regarding ac- tions to preserve and advance the multi- journment of the Senate in the Office of the forces training he received. President of the Senate on November 8, 2012; SFC Shoemaker entered the military stakeholder governance model under which the Internet has thrived. to the Committee on Commerce, Science, in 1986 and later served in the Army and Transportation. Reserves in Monroe, LA, and also the ENROLLED BILLS SIGNED EC–8451. A communication from the Dep- Mississippi National Guard. In 2004, he At 4:34 p.m., a message from the uty Director, Office of Sustainable Fisheries, was deployed to Afghanistan as part of House of Representatives, delivered by Department of Commerce, transmitting, pur- an Embedded Transition Team. Unfor- Mrs. Cole, one of its reading clerks, an- suant to law, the report of a rule entitled tunately, his convoy unit was attacked nounced that the Speaker has signed ‘‘Fisheries of the Exclusive Economic Zone the following enrolled bills: Off Alaska; Pacific Cod by Vessels Using Pot twice in 2005 and again in 2006, the last Gear in the Central Regulatory Area of the a combination of road side bombs and S. 2367. An act to strike the word ‘‘lunatic’’ Gulf of Alaska’’ (RIN0648–XC288) received in an ambush. The incident left SFC from Federal law, and for other purposes. the Office of the President of the Senate on Shoemaker severely injured and forced S. 3486. An act to implement the provisions December 3, 2012; to the Committee on Com- him to return home. of the Hague Agreement and the Patent Law merce, Science, and Transportation. Since, SFC Shoemaker has been Treaty. EC–8452. A communication from the Attor- H.R. 6634. An act to change the effective working as an Associate Administrator ney-Advisor for the Department of Legisla- date for the Internet publication of certain tion and Regulations, Maritime Administra- at the Northeast Louisiana War Vet- financial disclosure forms. erans Home, a position he held prior to tion, Department of Transportation, trans- f mitting, pursuant to law, the report of a rule deployment. He also lends his time at entitled ‘‘Retrospective Review Under E.O. the American Legion, the Veterans of MEASURES REFERRED 13563: Seamen’s Claims; and Admiralty Foreign Wars, the Disabled American The following bills were read the first Claims’’ (RIN2133–AB79) received in the Of- Veterans, and the Office of Public and the second times by unanimous fice of the President of the Senate on Decem- Health. He does all of this with perma- consent, and referred as indicated: ber 4, 2012; to the Committee on Commerce, nent disabilities to 90 percent of his Science, and Transportation. body, as a loving husband to his wife H.R. 6602. An act to make revisions in title EC–8453. A communication from the Senior 36, United States Code, as necessary to keep Pam, and their four daughters, Program Analyst, Federal Aviation Adminis- the title current and make technical correc- tration, Department of Transportation, Malissa, Kayla, Suzie, and Sierra. tions and improvements; to the Committee transmitting, pursuant to law, the report of It is my privilege and honor to recog- on the Judiciary. a rule entitled ‘‘Amendment of Class E Air- nize SFC Tommy Shoemaker for his H.R. 6605. An act to eliminate an unneces- space; Lewistown, MT’’ ((RIN2120–AA66) bravery and courage and for his service sary reporting requirement for an unfunded (Docket No. FAA–2012–0538)) received in the to the United States of America.∑ DNA Identification grant program; to the Office of the President of the Senate on De- Committee on the Judiciary. f cember 4, 2012; to the Committee on Com- H.R. 6620. An act to amend title 18, United merce, Science, and Transportation. MESSAGES FROM THE HOUSE States Code, to eliminate certain limitations EC–8454. A communication from the Senior At 12:08 p.m., a message from the on the length of Secret Service Protection Program Analyst, Federal Aviation Adminis- House of Representatives, delivered by for former Presidents and for the children of tration, Department of Transportation, former Presidents; to the Committee on the transmitting, pursuant to law, the report of Mrs. Cole, one of its reading clerks, an- Judiciary. a rule entitled ‘‘Amendment of Class D and nounced that the House has passed the f Class E Airspace; Bozeman, MT’’ ((RIN2120– following bills, in which it requests the AA66) (Docket No. FAA–2012–0519)) received concurrence of the Senate: MEASURES READ THE FIRST TIME in the Office of the President of the Senate S. 2367. An act to strike the word ‘‘lunatic’’ The following bill was read the first on December 4, 2012; to the Committee on from Federal law, and for other purposes. Commerce, Science, and Transportation. S. 3486. An act to implement the provisions time: EC–8455. A communication from the Senior of the Hague Agreement and the Patent Law S. 3664. A bill to provide for debt limit ex- Program Analyst, Federal Aviation Adminis- Treaty. tensions. tration, Department of Transportation,

VerDate Mar 15 2010 02:01 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\CR\FM\G06DE6.065 S06DEPT1 tjames on DSK6SPTVN1PROD with S7684 CONGRESSIONAL RECORD — SENATE December 6, 2012 transmitting, pursuant to law, the report of EC–8464. A communication from the Senior tration, Department of Transportation, a rule entitled ‘‘Amendment of Class E Air- Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of space; Chenega Bay, AK’’ ((RIN2120–AA66) tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; (Docket No. FAA–2011–1429)) received in the transmitting, pursuant to law, the report of Airbus Airplanes’’ ((RIN2120–AA64) (Docket Office of the President of the Senate on De- a rule entitled ‘‘Airworthiness Directives; No. FAA–2012–0996)) received in the Office of cember 4, 2012; to the Committee on Com- Diamond Aircraft Industries GmbH Air- the President of the Senate on December 4, merce, Science, and Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– 2012; to the Committee on Commerce, EC–8456. A communication from the Senior 2012–0633)) received in the Office of the Presi- Science, and Transportation. Program Analyst, Federal Aviation Adminis- dent of the Senate on December 4, 2012; to EC–8473. A communication from the Senior tration, Department of Transportation, the Committee on Commerce, Science, and Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of Transportation. tration, Department of Transportation, a rule entitled ‘‘Amendment of Class E Air- EC–8465. A communication from the Senior transmitting, pursuant to law, the report of space; Augusta, GA’’ ((RIN2120–AA66) (Dock- Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; et No. FAA–2011–1334)) received in the Office tration, Department of Transportation, Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) of the President of the Senate on December transmitting, pursuant to law, the report of (Docket No. FAA–2012–0724)) received in the 4, 2012; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives; Office of the President of the Senate on De- Science, and Transportation. Various Restricted Category Helicopters’’ cember 4, 2012; to the Committee on Com- EC–8457. A communication from the Senior ((RIN2120–AA64) (Docket No. FAA–2010–0488)) merce, Science, and Transportation. Program Analyst, Federal Aviation Adminis- received in the Office of the President of the EC–8474. A communication from the Senior tration, Department of Transportation, Senate on December 4, 2012; to the Com- Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; tation. transmitting, pursuant to law, the report of Fokker Services B.V. Airplanes’’ ((RIN2120– EC–8466. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; AA64) (Docket No. FAA–2012–0589)) received Program Analyst, Federal Aviation Adminis- Eurocopter France Helicopters’’ ((RIN2120– in the Office of the President of the Senate tration, Department of Transportation, AA64) (Docket No. FAA–2012–0338)) received on December 4, 2012; to the Committee on transmitting, pursuant to law, the report of in the Office of the President of the Senate Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; on December 4, 2012; to the Committee on EC–8458. A communication from the Senior Lycoming Engines Reciprocating Engines’’ Commerce, Science, and Transportation. Program Analyst, Federal Aviation Adminis- ((RIN2120–AA64) (Docket No. FAA–2006– EC–8475. A communication from the Senior tration, Department of Transportation, 24785)) received in the Office of the President Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of of the Senate on December 4, 2012; to the tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; Committee on Commerce, Science, and transmitting, pursuant to law, the report of Pratt and Whitney Division Turbofan En- Transportation. a rule entitled ‘‘Airworthiness Directives; gines’’ ((RIN2120–AA64) (Docket No . FAA– EC–8467. A communication from the Senior Eurocopter France Helicopters’’ ((RIN2120– 2012–0060)) received in the Office of the Presi- Program Analyst, Federal Aviation Adminis- AA64) (Docket No. FAA–2012–1018)) received dent of the Senate on December 4, 2012; to tration, Department of Transportation, in the Office of the President of the Senate the Committee on Commerce, Science, and transmitting, pursuant to law, the report of on December 4, 2012; to the Committee on Transportation. a rule entitled ‘‘Airworthiness Directives; Commerce, Science, and Transportation. EC–8459. A communication from the Senior Pratt and Whitney Division Turbofan En- EC–8476. A communication from the Senior Program Analyst, Federal Aviation Adminis- gines’’ ((RIN2120–AA64) (Docket No. FAA– Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, tration, Department of Transportation, transmitting, pursuant to law, the report of 2010–0217)) received in the Office of the Presi- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; dent of the Senate on December 4, 2012; to a rule entitled ‘‘Airworthiness Directives; Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) the Committee on Commerce, Science, and Empresa Brasileira de Aeronautica S.A. (Docket No. FAA–2012–0588)) received in the Transportation. EC–8468. A communication from the Senior (EMBRAER) Airplanes’’ ((RIN2120–AA64) Office of the President of the Senate on De- Program Analyst, Federal Aviation Adminis- (Docket No. FAA–2012–0638)) received in the cember 4, 2012; to the Committee on Com- tration, Department of Transportation, Office of the President of the Senate on De- merce, Science, and Transportation. EC–8460. A communication from the Senior transmitting, pursuant to law, the report of cember 4, 2012; to the Committee on Com- Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. tration, Department of Transportation, Goodyear Aviation Tires’’ ((RIN2120–AA64) EC–8477. A communication from the Senior transmitting, pursuant to law, the report of (Docket No. FAA–2012–0881)) received in the Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; Office of the President of the Senate on De- tration, Department of Transportation, The Boeing Company Airplanes’’ ((RIN2120– cember 4, 2012; to the Committee on Com- transmitting, pursuant to law, the report of AA64) (Docket No. FAA–2012–0491)) received merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; in the Office of the President of the Senate EC–8469. A communication from the Senior Pratt and Whitney Turbofan Engines’’ on December 4, 2012; to the Committee on Program Analyst, Federal Aviation Adminis- ((RIN2120–AA64) (Docket No. FAA–2010–1095)) Commerce, Science, and Transportation. tration, Department of Transportation, received in the Office of the President of the EC–8461. A communication from the Senior transmitting, pursuant to law, the report of Senate on December 4, 2012; to the Com- Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; M7 mittee on Commerce, Science, and Transpor- tration, Department of Transportation, Aerospace LLC Airplanes’’ ((RIN2120–AA64) tation. transmitting, pursuant to law, the report of (Docket No. FAA–2012–0917)) received in the EC–8478. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; Office of the President of the Senate on De- Program Analyst, Federal Aviation Adminis- MD Helicopters, Inc.’’ ((RIN2120–AA64) cember 4, 2012; to the Committee on Com- tration, Department of Transportation, (Docket No. FAA–2012–0342)) received in the merce, Science, and Transportation. transmitting, pursuant to law, the report of Office of the President of the Senate on De- EC–8470. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; cember 4, 2012; to the Committee on Com- Program Analyst, Federal Aviation Adminis- Airbus Airplanes’’ ((RIN2120–AA64) (Docket merce, Science, and Transportation. tration, Department of Transportation, No. FAA–2011–1167)) received in the Office of EC–8462. A communication from the Senior transmitting, pursuant to law, the report of the President of the Senate on December 4, Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; 2012; to the Committee on Commerce, tration, Department of Transportation, General Electric Company Turbofan En- Science, and Transportation. transmitting, pursuant to law, the report of gines’’ ((RIN2120–AA64) (Docket No. FAA– EC–8479. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; 2012–1017)) received in the Office of the Presi- Program Analyst, Federal Aviation Adminis- Piper Aircraft, Inc. Airplanes’’ ((RIN2120– dent of the Senate on December 4, 2012; to tration, Department of Transportation, AA64) (Docket No. FAA–2011–0639)) received the Committee on Commerce, Science, and transmitting, pursuant to law, the report of in the Office of the President of the Senate Transportation. a rule entitled ‘‘Airworthiness Directives; on December 4, 2012; to the Committee on EC–8471. A communication from the Senior Univair Aircraft Corporation Airplanes’’ Commerce, Science, and Transportation. Program Analyst, Federal Aviation Adminis- ((RIN2120–AA64) (Docket No. FAA–2011–0360)) EC–8463. A communication from the Senior tration, Department of Transportation, received in the Office of the President of the Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of Senate on December 4, 2012; to the Com- tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of Turbomeca S.A. Turboshaft Engines’’ tation. a rule entitled ‘‘Airworthiness Directives; ((RIN2120–AA64) (Docket No. FAA–2011–0115)) EC–8480. A communication from the Senior BRP–Powertrain GmbH and Co KG Rotax Re- received in the Office of the President of the Program Analyst, Federal Aviation Adminis- ciprocating Engines’’ ((RIN2120–AA64) (Dock- Senate on December 4, 2012; to the Com- tration, Department of Transportation, et No. FAA–2012–0603)) received in the Office mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of of the President of the Senate on December tation. a rule entitled ‘‘Airworthiness Directives; 4, 2012; to the Committee on Commerce, EC–8472. A communication from the Senior Eurocopter Deutschland GmbH Helicopters’’ Science, and Transportation. Program Analyst, Federal Aviation Adminis- ((RIN2120–AA64) (Docket No. FAA–2012–0659))

VerDate Mar 15 2010 02:01 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\CR\FM\A06DE6.018 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7685 received in the Office of the President of the tration, Department of Transportation, ment of State, transmitting, pursuant to Senate on December 4, 2012; to the Com- transmitting, pursuant to law, the report of law, a six-month periodic report relative to mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Airworthiness Directives; the national emergency that was originally tation. Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) declared in Executive Order 12938 of Novem- EC–8481. A communication from the Senior (Docket No. FAA–2012–0422)) received in the ber 14, 1994; to the Committee on Banking, Program Analyst, Federal Aviation Adminis- Office of the President of the Senate on De- Housing, and Urban Affairs. tration, Department of Transportation, cember 4, 2012; to the Committee on Com- EC–8499. A communication from the Gen- transmitting, pursuant to law, the report of merce, Science, and Transportation. eral Counsel of the Federal Housing Finance a rule entitled ‘‘Airworthiness Directives; EC–8490. A communication from the Senior Agency, transmitting, pursuant to law, the Various Restricted Category Helicopters’’ Program Analyst, Federal Aviation Adminis- report of a rule entitled ‘‘Organization and ((RIN2120–AA64) (Docket No. FAA–2012–0896)) tration, Department of Transportation, Functions, and Seal’’ (RIN2590–AA54) re- received in the Office of the President of the transmitting, pursuant to law, the report of ceived in the Office of the President of the Senate on December 4, 2012; to the Com- a rule entitled ‘‘Airworthiness Directives; Senate on December 5, 2012; to the Com- mittee on Commerce, Science, and Transpor- Airbus Airplanes’’ ((RIN2120–AA64) (Docket mittee on Banking, Housing, and Urban Af- tation. No. FAA–2012–0038)) received in the Office of fairs. EC–8482. A communication from the Senior the President of the Senate on December 4, EC–8500. A communication from the Assist- Program Analyst, Federal Aviation Adminis- 2012; to the Committee on Commerce, ant to the Board of Governors of the Federal tration, Department of Transportation, Science, and Transportation. Reserve System, transmitting, pursuant to transmitting, pursuant to law, the report of EC–8491. A communication from the Senior law, the report of a rule entitled ‘‘Super- a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- visory and Company-Run Stress Test Re- Bell Helicopter Textron Canada Helicopters’’ tration, Department of Transportation, quirements for Covered Companies’’ ((RIN2120–AA64) (Docket No. FAA–2012–0337)) transmitting, pursuant to law, the report of (RIN7100–AD86) received in the Office of the received in the Office of the President of the a rule entitled ‘‘Airworthiness Directives; President of the Senate on December 5, 2012; Senate on December 4, 2012; to the Com- Airbus Airplanes’’ ((RIN2120–AA64) (Docket to the Committee on Banking, Housing, and mittee on Commerce, Science, and Transpor- No. FAA–2012–0192)) received in the Office of Urban Affairs. tation. the President of the Senate on December 4, EC–8501. A communication from the Assist- EC–8483. A communication from the Senior 2012; to the Committee on Commerce, ant to the Board of Governors of the Federal Program Analyst, Federal Aviation Adminis- Science, and Transportation. Reserve System, transmitting, pursuant to tration, Department of Transportation, EC–8492. A communication from the Senior law, the report of a rule entitled ‘‘Annual transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- Company-Run Stress Test Requirements for a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, Banking Organizations with Total Consoli- Airbus Airplanes’’ ((RIN2120–AA64) (Docket transmitting, pursuant to law, the report of dated Assets Over 10 Billion Dollars Other No. FAA–2012–0671)) received in the Office of a rule entitled ‘‘Airworthiness Directives; than Covered Companies’’ (RIN7100–AD86) re- the President of the Senate on December 4, The Cessna Aircraft Company Airplanes’’ ceived in the Office of the President of the 2012; to the Committee on Commerce, ((RIN2120–AA64) (Docket No. FAA–2012–0644)) Senate on December 5, 2012; to the Com- Science, and Transportation. received in the Office of the President of the mittee on Banking, Housing, and Urban Af- EC–8484. A communication from the Senior Senate on December 4, 2012; to the Com- fairs. Program Analyst, Federal Aviation Adminis- mittee on Commerce, Science, and Transpor- EC–8502. A communication from the Direc- tration, Department of Transportation, tation. tor, Office of Sustainable Fisheries, Depart- EC–8493. A communication from the Senior transmitting, pursuant to law, the report of ment of Commerce, transmitting, pursuant Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; to law, the report of a rule entitled ‘‘Endan- tration, Department of Transportation, Eurocopter France Helicopters’’ ((RIN2120– gered and Threatened Wildlife and Plants; transmitting, pursuant to law, the report of AA64) (Docket No. FAA–2012–0354)) received Endangered Status for the Main Hawaiian Is- a rule entitled ‘‘Airworthiness Directives; in the Office of the President of the Senate lands Insular False Killer Whale Distinct Fokker Services B.V. Airplanes’’ ((RIN2120– on December 4, 2012; to the Committee on Population Segment’’; (RIN0648–XT37) re- AA64) (Docket No. FAA–2012–0593)) received ceived in the Office of the President of the Commerce, Science, and Transportation. in the Office of the President of the Senate EC–8485. A communication from the Senior Senate on December 5, 2012; to the Com- on December 4, 2012; to the Committee on Program Analyst, Federal Aviation Adminis- mittee on Environment and Public Works. Commerce, Science, and Transportation. tration, Department of Transportation, EC–8494. A communication from the Senior EC–8503. A communication from the Assist- transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- ant General Counsel for Legislation, Regula- a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, tion and Energy Efficiency, Department of The Boeing Company Airplanes’’ ((RIN2120– transmitting, pursuant to law, the report of Energy, transmitting, pursuant to law, the AA64) (Docket No. FAA–2011–1229)) received a rule entitled ‘‘Airworthiness Directives; report of a rule entitled ‘‘Criteria and Proce- in the Office of the President of the Senate The Boeing Company Airplanes’’ ((RIN2120– dures for Determining Eligibility for Access on December 4, 2012; to the Committee on AA64) (Docket No. FAA–2011–1411)) received to Classified Matter or Special Nuclear Ma- Commerce, Science, and Transportation. in the Office of the President of the Senate terial: Technical Amendments’’ (RIN1992– EC–8486. A communication from the Senior on December 4, 2012; to the Committee on AA36) received in the Office of the President Program Analyst, Federal Aviation Adminis- Commerce, Science, and Transportation. of Senate on December 5, 2012; to the Com- tration, Department of Transportation, EC–8495. A communication from the Senior mittee on Environment and Public Works. transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- EC–8504. A communication from the Acting a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, Administrator of the General Services Ad- The Boeing Company Airplanes’’ ((RIN2120– transmitting, pursuant to law, the report of ministration, transmitting, pursuant to law, AA64) (Docket No. FAA–2011–1319)) received a rule entitled ‘‘Airworthiness Directives; a report relative to the General Services Ad- in the Office of the President of the Senate The Boeing Company Airplanes’’ ((RIN2120– ministration’s Fiscal Year 2013 Capital In- on December 4, 2012; to the Committee on AA64) (Docket No. FAA–2012–0424)) received vestment and Leasing Program; to the Com- Commerce, Science, and Transportation. in the Office of the President of the Senate mittee on Environment and Public Works. EC–8487. A communication from the Senior on December 4, 2012; to the Committee on EC–8505. A communication from the Assist- Program Analyst, Federal Aviation Adminis- Commerce, Science, and Transportation. ant Secretary, Legislative Affairs, Depart- tration, Department of Transportation, EC–8496. A communication from the Assist- ment of State, transmitting, pursuant to the transmitting, pursuant to law, the report of ant Secretary, Bureau of Political-Military Convention on Cultural Property Implemen- a rule entitled ‘‘Airworthiness Directives; Affairs, Department of State, transmitting, tation Act, a report relative to action taken Bombardier Inc. Airplanes’’ ((RIN2120–AA64) pursuant to law, an addendum to a certifi- to extend the Memorandum of Under- (Docket No. FAA–2012–0267)) received in the cation, transmittal number: DDTC 12–142, of standing between the Government of the Office of the President of the Senate on De- the proposed sale or export of defense arti- United States and the Government of the Re- cember 4, 2012; to the Committee on Com- cles and/or defense services to a Middle East public of Cyprus Concerning the Imposition merce, Science, and Transportation. country regarding any possible affects such a of Import Restrictions on Pre-Classical and EC–8488. A communication from the Senior sale might have relating to Israel’s Quali- Classical Archaeological Objects and Byzan- Program Analyst, Federal Aviation Adminis- tative Military Edge over military threats to tine Period Ecclesiastical and Ritual Ethno- tration, Department of Transportation, Israel; to the Committee on Foreign Rela- logical Materials; to the Committee on Fi- transmitting, pursuant to law, the report of tions. nance. a rule entitled ‘‘Airworthiness Directives; EC–8497. A communication from the Chair- EC–8506. A communication from the Chief The Boeing Company Airplanes’’ ((RIN2120– man and President of the Export-Import of the Border Securities Regulations Branch, AA64) (Docket No. FAA–2011–1326)) received Bank, transmitting, pursuant to law, a re- Customs and Border Protection, Department in the Office of the President of the Senate port relative to a transaction involving U.S. of Homeland Security, transmitting, pursu- on December 4, 2012; to the Committee on exports to Germany; to the Committee on ant to law, the report of a rule entitled Commerce, Science, and Transportation. Banking, Housing, and Urban Affairs. ‘‘Technical Amendment to List of User Fee EC–8489. A communication from the Senior EC–8498. A communication from the Assist- Airports: Addition of Bozeman Yellowstone Program Analyst, Federal Aviation Adminis- ant Secretary, Legislative Affairs, Depart- International Airport, Belgrade, Montana’’

VerDate Mar 15 2010 00:58 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\CR\FM\A06DE6.020 S06DEPT1 tjames on DSK6SPTVN1PROD with S7686 CONGRESSIONAL RECORD — SENATE December 6, 2012 (CBP Dec. 12–20) received in the Office of the SUBMISSION OF CONCURRENT AND SEC. 1. DEBT LIMIT EXTENSION. President of the Senate on December 5, 2012; SENATE RESOLUTIONS Subsection (b) of section 3101 of title 31, to the Committee on Finance. United States Code, is amended by striking EC–8507. A communication from the Chair- The following concurrent resolutions ‘‘as provided by law through the congres- man, Federal Maritime Commission, trans- and Senate resolutions were read, and sional budget process described in Rule XLIX mitting, pursuant to law, the Commission’s referred (or acted upon), as indicated: of the Rules of the House of Representatives Semiannual Report of the Inspector General By Ms. COLLINS (for herself and Ms. or as provided by section 3101A or other- for the period from April 1, 2012 through Sep- SNOWE): wise.’’ and inserting ‘‘as provided— tember 30, 2012; to the Committee on Home- S. Res. 611. A resolution designating De- ‘‘(1) by law through the congressional land Security and Governmental Affairs. cember 15, 2012, as ‘‘Wreaths Across America budget process described in Rule XLIX of the EC–8508. A communication from the Direc- Day’’ ; considered and agreed to. Rules of the House of Representatives or as tor of the Regulation Policy and Manage- By Mr. VITTER (for himself, Mr. BAR- provided by section 3101A or otherwise, or ment Office of the General Counsel, Veterans RASSO, Mr. BLUNT, Mr. COATS, Mr. ‘‘(2) by executive order of the President. Health Administration, Department of Vet- COBURN, Mr. CORNYN, Mr. ENZI, Mr. An executive order issued pursuant to para- erans Affairs, transmitting, pursuant to law, HELLER, Mrs. HUTCHISON, Mr. INHOFE, graph (2) shall be considered as a major rule the report of a rule entitled ‘‘Contracts and Mr. JOHANNS, Mr. JOHNSON of Wis- for purposes of chapter 8 of title 5, United Provider Agreements for State Home Nurs- consin, Mr. LEE, Mr. MCCONNELL, Mr. States Code.’’. ing Home Care’’ (RIN2900–AO57) received in MORAN, Mr. RISCH, Mr. ROBERTS, Mr. the Office of the President of the Senate on THUNE, Mr. BOOZMAN, Mr. COCHRAN, By Mr. KERRY (for himself, Mr. December 5, 2012; to the Committee on Vet- and Mr. WICKER): INHOFE, Mr. FRANKEN, Mr. erans’ Affairs. S. Con. Res. 61. A concurrent resolution ex- pressing the sense of Congress that a carbon LEVIN, Mrs. MURRAY, Mr. f tax is not in the economic interest of the CARDIN, Mr. BLUMENTHAL, Mr. EXECUTIVE REPORTS OF United States; to the Committee on Finance. BEGICH, Mr. ROCKEFELLER, and COMMITTEE By Mr. BLUMENTHAL (for himself, Ms. LANDRIEU): Mr. ISAKSON, Mr. GRASSLEY, Mr. S. 3665. A bill to amend the Higher The following executive reports of PORTMAN, Mr. TESTER, Mr. AKAKA, Education Act of 1965 to provide infor- nominations were submitted: Mr. BROWN of Ohio, Mr. CARDIN, Mr. mation to foster youth on their poten- By Mr. LEAHY for the Committee on the BINGAMAN, Mrs. HAGAN, and Mr. tial eligibility for Federal student aid; BOOZMAN): Judiciary. to the Committee on Health, Edu- Katherine Polk Failla, of New York, to be S. Con. Res. 62. A concurrent resolution ex- United States District Judge for the South- pressing the sense of the Congress that our cation, Labor, and Pensions. ern District of New York. current tax incentives for retirement savings Mr. KERRY. Mr. President, we cur- Troy L. Nunley, of California, to be United provide important benefits to Americans to rently have over 400,000 children in our States District Judge for the Eastern Dis- help plan for a financially secure retirement; foster care system due to abuse or ne- trict of California. to the Committee on Finance. glect by their biological families, with Sheri Polster Chappell, of Florida, to be f 104,000 eligible for adoption. Tragically United States District Judge for the Middle every year nearly 28,000 of these chil- District of Florida. ADDITIONAL COSPONSORS dren age out of our foster care system Pamela Ki Mai Chen, of New York, to be S. 845 with no place to call home. On average, United States District Judge for the Eastern At the request of Mr. ENZI, the name foster children spend over 3 years in District of New York. of the Senator from Colorado (Mr. Mark A. Barnett, of Virginia, to be a Judge the system and around 16 percent lan- UDALL) was added as a cosponsor of S. of the United States Court of International guish in the foster care system for over 845, a bill to amend the Internal Rev- Trade. Patrick J. Wilkerson, of Oklahoma, 5 years. Only around 3 percent start enue Code of 1986 to provide for the log- to be United States Marshal for the Eastern college and even fewer finish their de- ical flow of return information between District of Oklahoma for the term of four gree. We must continue working to years. partnerships, corporations, trusts, es- connect children in our foster system Louise W. Kelton, of Tennessee, to be tates, and individuals to better enable to a safe, loving, and permanent home United States Marshal for the Middle Dis- each party to submit timely, accurate while also doing more to address their trict of Tennessee for the term of four years. returns and reduce the need for ex- educational outcomes. (Nominations without an asterisk tended and amended returns, to provide were reported with the recommenda- for modified due dates by regulation, I am greatly concerned that too tion that they be confirmed.) and to conform the automatic cor- many of our Nation’s foster youth are unable to appropriately access critical f porate extension period to long- standing regulatory rule. Federal programs that provide assist- INTRODUCTION OF BILLS AND ance to help increase their educational S. 3608 JOINT RESOLUTIONS opportunities. Higher education can At the request of Mrs. GILLIBRAND, hold the key to a future of stability The following bills and joint resolu- the name of the Senator from Oregon and it is unacceptable that many foster tions were introduced, read the first (Mr. WYDEN) was added as a cosponsor youth who are eligible for higher edu- and second times by unanimous con- of S. 3608, a bill to modernize voter reg- cation funds, such as Education and sent, and referred as indicated: istration, promote access to voting for Training Vouchers, ETV, and support individuals with disabilities, protect By Ms. SNOWE (for herself and Mr. through the John H. Chafee Foster BEGICH): the ability of individuals to exercise Care Independence Program, are never S. 3663. A bill to reassert the proper role of the right to vote in elections for Fed- told about these programs. Congress in closing or realigning military in- eral office, and for other purposes. stallations; to the Committee on Armed This is why I have worked with my Services. f colleagues to introduce a bipartisan By Mr. REID: STATEMENTS ON INTRODUCED bill to direct the Department of Edu- S. 3664. A bill to provide for debt limit ex- BILLS AND JOINT RESOLUTIONS cation to fully utilize the Free Applica- tensions; read the first time. tion for Federal Student Aid, FAFSA, By Mr. KERRY (for himself, Mr. By Mr. REID: as a tool to notify foster youth of all INHOFE, Mr. FRANKEN, Mr. LEVIN, S. 3664. A bill to provide for debt Mrs. MURRAY, Mr. CARDIN, Mr. limit extensions; read the first time. Federal funds which may be available BLUMENTHAL, Mr. BEGICH, Mr. ROCKE- Mr. REID. Mr. President, I ask unan- to support their pursuit of higher edu- FELLER, and Ms. LANDRIEU): imous consent that the text of the bill cation, and include information specifi- S. 3665. A bill to amend the Higher Edu- be printed in the RECORD. cally for foster youth on their agency cation Act of 1965 to provide information to There being no objection, the text of website. The Foster Youth Higher Edu- foster youth on their potential eligibility for the bill was ordered to be printed in cation Opportunities Act will automate Federal student aid; to the Committee on the notification to foster youth of their Health, Education, Labor, and Pensions. the RECORD as follows: By Mr. VITTER: S. 3664 potential eligibility for programs that S. 3666. A bill to amend the Animal Welfare Be it enacted by the Senate and House of Rep- serve as a lifeline to a better future. Act to modify the definition of ‘‘exhibitor’’ ; resentatives of the United States of America in I would like to recognize Senators considered and passed. Congress assembled, INHOFE, FRANKEN, LEVIN, MURRAY,

VerDate Mar 15 2010 01:12 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\CR\FM\A06DE6.022 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7687 CARDIN, BLUMENTHAL, BEGICH, ROCKE- SENATE CONCURRENT RESOLU- Whereas from 2000 through 2009, employers FELLER, and LANDRIEU as original co- TION 61—EXPRESSING THE have contributed almost $3,500,000,000,000 to sponsors of this bill. I ask all of my SENSE OF CONGRESS THAT A public and private retirement plans; colleagues to support this important CARBON TAX IS NOT IN THE Whereas tax incentives are an important impetus for individuals to save for retire- legislation. ECONOMIC INTEREST OF THE ment and for employers to offer plans under UNITED STATES our voluntary system; f Mr. VITTER (for himself, Mr. BAR- Whereas generally, the taxation of RASSO, Mr. BLUNT, Mr. COATS, Mr. amounts contributed to pension and retire- SUBMITTED RESOLUTIONS COBURN, Mr. CORNYN, Mr. ENZI, Mr. ment plans is simply deferred, not lost; HELLER, Mrs. HUTCHISON, Mr. INHOFE, Whereas more than 70 percent of American workers making between $30,000 and $50,000 a Mr. JOHANNS, Mr. JOHNSON of Wis- SENATE RESOLUTION 611—DESIG- year contribute to their own retirement consin, Mr. LEE, Mr. MCCONNELL, Mr. when covered by a retirement plan at work; NATING DECEMBER 15, 2012, AS MORAN, Mr. RISCH, Mr. ROBERTS, Mr. Whereas under current law, if business ‘‘WREATHS ACROSS AMERICA THUNE, Mr. BOOZMAN, Mr. COCHRAN, and owners and managers sponsor a retirement DAY’’ Mr. WICKER) submitted the following plan, they also must cover and provide bene- Ms. COLLINS (for herself and Ms. concurrent resolution; which was re- fits to lower-income and middle-income em- ployees; SNOWE) submitted the following resolu- ferred to the Committee on Finance: S. CON. RES. 61 Whereas 401(k) and similar defined con- tion; which was considered and agreed tribution plans have been enhanced over the Whereas a carbon tax is regressive in na- to: years by Congress on a bipartisan basis; ture and would unfairly burden those vulner- S. RES. 611 Whereas the private retirement system in able individuals and families in the United Whereas, 21 years ago, the Wreaths Across States that are already struggling under a the United States is voluntary and is depend- America project began an annual tradition, stagnating economy; ent on the willingness of business owners and during the month of December, of donating, Whereas a carbon tax would increase the corporations to adopt and maintain retire- transporting, and placing Maine balsam fir cost of every good manufactured in the ment plans; and holiday wreaths on the graves of the fallen United States; Whereas the United States system of em- heroes buried at Arlington National Ceme- Whereas a carbon tax would harm the en- ployer-based retirement savings is designed tery; tire United States manufacturing sector; to work together with other personal savings Whereas, since that tradition began, Whereas the increase in production of do- and the Social Security program to provide through the hard work and generosity of the mestic energy resources on private and meaningful income replacement upon retire- individuals involved in the Wreaths Across State-owned land has created significant job ment: Now, therefore, be it America project, more than 350,000 wreaths growth and private capital investment; and Resolved by the Senate (the House of Rep- have been sent to more than 800 locations, Whereas affordable and reliable energy resentatives concurring), That it is the sense including national cemeteries and veterans sources are critical to maintaining the of the Congress that— memorials in every State, and to locations United States’ global competitiveness: Now, (1) tax incentives for retirement savings overseas; therefore, be it play an important role in encouraging em- Whereas the mission of the Wreaths Across Resolved by the Senate (the House of Rep- ployers to sponsor and maintain retirement America project to ‘‘Remember, Honor, resentatives concurring), That it is the sense plans and encouraging participants to con- Teach’’ is carried out in part by coordinating of Congress that a carbon tax would be detri- tribute to such plans; wreath-laying ceremonies at Arlington Na- mental to American families and businesses, (2) existing tax incentives have increased tional Cemetery as well as veterans ceme- and is not in the interest of the United the number of Americans who are covered by teries and other locations in all 50 States; States. a retirement plan; and Whereas the Wreaths Across America f (3) a reformed and simplified Federal tax project carries out a week-long veterans pa- code should include properly structured tax rade between Maine and Virginia, stopping SENATE CONCURRENT RESOLU- incentives to maintain and contribute to along the way to spread a message about the TION 62—EXPRESSING THE such plans and to strengthen retirement se- importance of remembering the fallen heroes SENSE OF THE CONGRESS THAT curity for all Americans. of the United States, honoring those who OUR CURRENT TAX INCENTIVES f serve, and teaching the people of the United FOR RETIREMENT SAVINGS PRO- AUTHORITY FOR COMMITTEES TO States about the sacrifices made by veterans VIDE IMPORTANT BENEFITS TO MEET and their families to preserve our freedoms; AMERICANS TO HELP PLAN FOR Whereas, in 2011, wreaths were sent to A FINANCIALLY SECURE RETIRE- COMMITTEE ON BANKING, HOUSING, AND URBAN more than 700 locations across the United MENT AFFAIRS States and overseas, 180 more locations than Mr. BEGICH. Mr. President, I ask the previous year; Mr. BLUMENTHAL (for himself, Mr. unanimous consent that the Com- Whereas, in December 2012, the Patriot ISAKSON, Mr. GRASSLEY, Mr. PORTMAN, mittee on Banking, Housing, and Guard Riders, a motorcycle and motor vehi- Mr. TESTER, Mr. AKAKA, Mr. BROWN of Urban Affairs be authorized to meet cle group that is dedicated to patriotic Ohio, Mr. CARDIN, Mr. BINGAMAN, Mrs. events and includes more than 250,000 mem- HAGAN, and Mr. BOOZMAN) submitted during the session of the Senate on De- bers nationwide, will continue their tradi- the following concurrent resolution; cember 6, 2012, at 10 a.m. to conduct a tion of escorting a tractor-trailer filled with which was referred to the Committee hearing entitled ‘‘Oversight of FHA: donated wreaths from Harrington, Maine, to on Finance: Examining HUD’s Response to Fiscal Arlington National Cemetery; Challenges.’’ Whereas thousands of individuals volun- S. CON. RES. 62 The PRESIDING OFFICER. Without teer each December to escort and lay the Whereas private retirement plans in the wreaths; United States paid out over $3,824,000,000,000 objection, it is so ordered. Whereas December 10, 2011, was previously in benefits from 2000 through 2009, while pub- COMMITTEE ON THE JUDICIARY designated by the Senate as ‘‘Wreaths Across lic sector retirement plans paid out Mr. BEGICH. Mr. President, I ask America Day’’; and $2,651,000,000,000 during the same period, with unanimous consent that the Com- Whereas the Wreaths Across America both playing an essential role in providing mittee on the Judiciary be authorized project will continue its proud legacy on De- retirement income for millions of our Na- to meet during the session of the Sen- cember 15, 2012, bringing approximately tion’s senior citizens; 125,000 wreaths to Arlington National Ceme- Whereas there are approximately 670,000 ate on December 6, 2012, at 10 a.m., in tery on that day: Now, therefore, be it private-sector defined contribution plans SD–226 of the Dirksen Senate Office Resolved, That the Senate— that are currently covering 67,000,000 partici- Building, to conduct an executive busi- (1) designates December 15, 2012, as pants, and over 48,000 private-sector defined ness meeting. ‘‘Wreaths Across America Day’’; benefit plans covering 19,000,000 participants; The PRESIDING OFFICER. Without (2) honors the Wreaths Across America Whereas $4,700,000,000,000 is held in 401(k), objection, it is so ordered. project, the Patriot Guard Riders, and all of 403(b), 457 and similar defined contribution SUBCOMMITTEE ON SURFACE TRANSPORTATION the volunteers and donors involved in this plans, $2,300,000,000,000 is held in private de- AND MERCHANT MARINE INFRASTRUCTURE, worthy tradition; and fined benefit plans, and another SAFETY, AND SECURITY (3) recognizes the sacrifices our veterans, $4,900,000,000,000 is held in Individual Retire- members of the Armed Forces, and their ment Accounts, largely consisting of funds Mr. BEGICH. Mr. President, I ask families have made, and continue to make, rolled over from employer-based retirement unanimous consent that the Sub- for our great Nation. plans; committee on Surface Transportation

VerDate Mar 15 2010 01:12 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\CR\FM\A06DE6.024 S06DEPT1 tjames on DSK6SPTVN1PROD with S7688 CONGRESSIONAL RECORD — SENATE December 6, 2012 and Merchant Marine Infrastructure, SECTION 1. ANIMAL WELFARE. Whereas the Wreaths Across America Safety, and Security of the Committee Section 2(h) of the Animal Welfare Act (7 project will continue its proud legacy on De- on Commerce, Science, and Transpor- U.S.C. 2132(h)) is amended by adding ‘‘an cember 15, 2012, bringing approximately owner of a common, domesticated household tation be authorized to meet during 125,000 wreaths to Arlington National Ceme- pet who derives less than a substantial por- tery on that day: Now, therefore, be it the session of the Senate on December tion of income from a nonprimary source (as Resolved, That the Senate— 6, 2012, at 10:30 a.m. in room 253 of the determined by the Secretary) for exhibiting (1) designates December 15, 2012, as Russell Senate Office Building. an animal that exclusively resides at the res- ‘‘Wreaths Across America Day’’; The Committee will hold a hearing idence of the pet owner,’’ after ‘‘stores,’’. (2) honors the Wreaths Across America entitled, ‘‘Superstorm Sandy: The Dev- f project, the Patriot Guard Riders, and all of the volunteers and donors involved in this astating Impact on the Nation’s Larg- WREATHS ACROSS AMERICA DAY est Transportation Systems.’’ worthy tradition; and The PRESIDING OFFICER. Without Mrs. HAGAN. I ask unanimous con- (3) recognizes the sacrifices our veterans, members of the Armed Forces, and their objection, it is so ordered. sent that the Senate proceed to the consideration of S. Res. 611, which was families have made, and continue to make, f submitted earlier today. for our great Nation. AMERICAN ENERGY MANUFAC- The PRESIDING OFFICER. The f TURING TECHNICAL CORREC- clerk will report the resolution by MEASURE READ THE FIRST TIONS ACT title. TIME—S. 3664 The legislative clerk read as follows: Mrs. HAGAN. I ask unanimous con- Mrs. HAGAN. Mr. President, I under- sent that the Senate proceed to the A resolution (S. 611) designating December 15, 2012, as ‘‘Wreaths Across America Day.’’ stand that S. 3664, introduced earlier consideration of H.R. 6582, which was today by Senator REID, is at the desk, received from the House and is at the There being no objection, the Senate proceeded to consider the resolution. and I ask for its first reading. desk. Mrs. HAGAN. I ask unanimous con- The PRESIDING OFFICER. The The PRESIDING OFFICER. The sent that the resolution be agreed to, clerk will read the bill by title. clerk will report the bill by title. the preamble be agreed to, and the mo- The legislative clerk read as follows: The legislative clerk read as follows: tions to reconsider be laid upon the A bill (S. 3664) to provide for debt limit ex- A bill (H.R. 6582) to allow for innovations table. tensions. and alternative technologies that meet or The PRESIDING OFFICER. Without Mrs. HAGAN. Mr. President, I now exceed the desired energy efficient goals, and ask for its second reading and object to to make technical corrections to existing objection, it is so ordered. The resolution (S. Res. 611) was my own request. Federal energy efficiency laws to allow The PRESIDING OFFICER. Objec- American manufacturers to remain competi- agreed to. tive. The preamble was agreed to. tion having been heard, the bill will be The resolution, with its preamble, read for a second time on the next leg- There being no objection, the Senate reads as follows: islative day. proceeded to consider the bill. Mrs. HAGAN. I ask unanimous con- S. RES. 611 f sent that the bill be read three times Whereas, 21 years ago, the Wreaths Across SIGNING AUTHORITY and passed, the motion to reconsider be America project began an annual tradition, during the month of December, of donating, Mrs. HAGAN. Mr. President, I ask laid upon the table, with no inter- transporting, and placing Maine balsam fir unanimous consent that from Thurs- vening action or debate, and any state- holiday wreaths on the graves of the fallen day, December 6, through Monday, De- ments relating to the bill be printed in heroes buried at Arlington National Ceme- cember 10, the majority leader be au- the RECORD. tery; thorized to sign duly enrolled bills or The PRESIDING OFFICER. Without Whereas, since that tradition began, joint resolutions. objection, it is so ordered. through the hard work and generosity of the The PRESIDING OFFICER. Without The bill (H.R. 6582) was ordered to a individuals involved in the Wreaths Across objection, it is so ordered. America project, more than 350,000 wreaths third reading, was read the third time, f and passed. have been sent to more than 800 locations, including national cemeteries and veterans ORDERS FOR MONDAY, DECEMBER f memorials in every State, and to locations 10, 2012 overseas; AMENDING THE ANIMAL WELFARE Mrs. HAGAN. Mr. President, I ask ACT Whereas the mission of the Wreaths Across America project to ‘‘Remember, Honor, unanimous consent that when the Sen- Mrs. HAGAN. I ask unanimous con- Teach’’ is carried out in part by coordinating ate completes its business today, it ad- sent that the Senate now proceed to wreath-laying ceremonies at Arlington Na- journ until 2 p.m. on Monday, Decem- the consideration of S. 3666, which was tional Cemetery as well as veterans ceme- ber 10, 2012; that following the prayer submitted earlier today. teries and other locations in all 50 States; and pledge, the Journal of proceedings The PRESIDING OFFICER. The Whereas the Wreaths Across America be approved to date, the morning hour clerk will report the bill by title. project carries out a week-long veterans pa- rade between Maine and Virginia, stopping be deemed expired, and the time for the The legislative clerk read as follows: along the way to spread a message about the two leaders be reserved for their use A bill (S. 3666) to amend the Animal Wel- importance of remembering the fallen heroes later in the day; that following leader fare Act to modify the definition of ‘‘exhibi- of the United States, honoring those who remarks, the Senate be in a period of tor.’’ serve, and teaching the people of the United morning business until 5 p.m., with There being no objection, the Senate States about the sacrifices made by veterans Senators permitted to speak therein proceeded to consider the bill. and their families to preserve our freedoms; for up to 10 minutes each; and that fol- Mrs. HAGAN. I ask unanimous con- Whereas, in 2011, wreaths were sent to lowing morning business, the Senate sent that the bill be read a third time more than 700 locations across the United States and overseas, 180 more locations than resume consideration of the motion to and passed, the motion to reconsider be the previous year; proceed to S. 3637, the TAG extension considered made and laid upon the Whereas, in December 2012, the Patriot legislation, with the time until 5:30 table, with no intervening action or de- Guard Riders, a motorcycle and motor vehi- p.m. equally divided and controlled be- bate, and that any statements relating cle group that is dedicated to patriotic tween the two leaders or their des- to the bill be printed in the RECORD. events and includes more than 250,000 mem- ignees; further, that the cloture vote The PRESIDING OFFICER. Without bers nationwide, will continue their tradi- on the motion to proceed to S. 3637 objection, it is so ordered. tion of escorting a tractor-trailer filled with occur at 5:30 p.m. Monday. The bill (S. 3666) was ordered to be donated wreaths from Harrington, Maine, to The PRESIDING OFFICER. Without engrossed for a third reading, was read Arlington National Cemetery; Whereas thousands of individuals volun- objection, it is so ordered. the third time, and passed, as follows: teer each December to escort and lay the f S. 3666 wreaths; PROGRAM Be it enacted by the Senate and House of Rep- Whereas December 10, 2011, was previously resentatives of the United States of America in designated by the Senate as ‘‘Wreaths Across Mrs. HAGAN. Mr. President, at 5:30 Congress assembled, America Day’’; and p.m. on Monday there will be a cloture

VerDate Mar 15 2010 01:12 Dec 07, 2012 Jkt 029060 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\CR\FM\A06DE6.027 S06DEPT1 tjames on DSK6SPTVN1PROD with December 6, 2012 CONGRESSIONAL RECORD — SENATE S7689 vote on the motion to proceed to S. that it adjourn under the previous CONFIRMATIONS 3637, the TAG extension legislation. order. Executive nominations confirmed by f There being no objection, the Senate, the Senate Thursday, December 6, 2012: ADJOURNMENT UNTIL MONDAY, at 4:52 p.m., adjourned until Monday, THE JUDICIARY DECEMBER 10, 2012, AT 2 P.M. December 10, 2012, at 2 p.m. MARK E. WALKER, OF FLORIDA, TO BE UNITED STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF Mrs. HAGAN. Mr. President, if there FLORIDA. is no further business to come before TERRENCE G. BERG, OF MICHIGAN, TO BE UNITED STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT the Senate, I ask unanimous consent OF MICHIGAN.

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