S6502 CONGRESSIONAL RECORD — SENATE September 20, 2012 Kay R. Hagan, Robert P. Casey, Jr., under rule XXII, the Chair directs the stopgap resolution in September to Richard Blumenthal, Ron Wyden, Bar- clerk to read the motion. fund the entire government for half the bara Boxer. The bill clerk read as follows: coming fiscal year. It is unfortunate MOTION TO COMMIT WITH AMENDMENT NO. 2846 CLOTURE MOTION that it has come to this. Mr. REID. Mr. President, I have a We, the undersigned Senators, in accord- Seven months ago, as we began this motion to commit the joint resolution ance with the provisions of rule XXII of the legislative session, the mood was quite with instructions, which is at the desk. Standing Rules of the Senate, hereby move different. There was broad support for The PRESIDING OFFICER. The to bring to a close debate on the motion to acting on appropriations bills. Several clerk will report the motion. proceed to calendar No. 504, S. 3525, a bill to Members on both sides of the aisle The bill clerk read as follows: protect and enhance opportunities for rec- came to the floor to speak about re- reational hunting, fishing, and shooting, and The Senator from Nevada [Mr. REID] moves for other purposes. storing regular order and passing all 12 to commit the joint resolution, H.J. Res. 117, appropriations bills. Both the Repub- to the Committee on Appropriations with in- Harry Reid, Jon Tester, Joe Manchin III, Jeanne Shaheen, Sheldon Whitehouse, lican and Democratic leaders spoke in structions to report back forthwith with the favor of considering all of these bills. instructions, amendment numbered 2846. , Ron Wyden, Max Baucus, Daniel K. Inouye, Kent Conrad, The Appropriations Committee was The amendment is as follows: Mark Pryor, Christopher A. Coons, Mi- urged to conduct a budget review as At the end, add the following new section: chael F. Bennet, Kay R. Hagan, Robert quickly as possible and report bills to SEC. lll. P. Casey, Jr., Richard Blumenthal, Ben the Senate for consideration, and our Nelson. This joint resolution shall become effec- subcommittees embraced this chal- tive 3 days after enactment. Mr. REID. I ask unanimous consent lenge. We shortened our hearing sched- Mr. REID. Mr. President, I ask for that the mandatory quorum required ule, conducted thousands of meetings the yeas and nays. under rule XXII be waived with respect with executive branch officials and the The PRESIDING OFFICER. Is there a to both cloture motions. public, and began to mark up bills sufficient second? The PRESIDING OFFICER. Without shortly after receiving our allocation There appears to be a sufficient sec- objection, it is so ordered. from the Budget Committee. ond. Mr. REID. Mr. President, the Presi- In most years the Senate Appropria- The yeas and nays were ordered. dent pro tempore of the Senate is on tions Committee begins its markups in AMENDMENT NO. 2847 the floor and seeks recognition. June. This year the committee re- Mr. REID. Mr. President, I have an The PRESIDING OFFICER. The ported its first two bills in April and amendment to the instructions. President pro tempore. had nine bills ready for floor consider- The PRESIDING OFFICER. The H.J. RES. 117 ation by the end of June. clerk will report. Mr. INOUYE. Mr. President, today, By July the committee had reported The bill clerk read as follows: as we near the end of the current fiscal out 11 bills, 9 of which were rec- The Senator from Nevada [Mr. REID] pro- year, the Senate is considering H.J. ommended with strong bipartisan poses an amendment numbered 2847 to the Res. 117, a continuing resolution to en- votes, and by that I mean 30 to 0 or 29 Instructions on the Motion to Commit. sure that the Federal Government will to 1. Despite the work of the com- The amendment is as follows: remain functioning through March of mittee, none of those bills have been In the amendment, strike ‘‘3 days’’ and in- next year in the absence of regular ap- considered by the Senate. The decision sert ‘‘2 days’’. propriations. Last Thursday, the House by the House to break faith with the Mr. REID. I ask for the yeas and passed this measure by a vote of 329 to Senate and the administration on fund- nays. 91. ing levels and the inclusion of out- The PRESIDING OFFICER. Is there a This bill provides total discretionary rageous legislative policy riders in sufficient second? spending of $1.047 trillion. This is the their bills drained the enthusiasm for There appears to be a sufficient sec- funding level the Senate Appropria- acting on those measures. But the real ond. tions Committee recommended on an culprit thwarting the efforts of the The yeas and nays were ordered. overwhelming bipartisan vote of 27 to 2 committee was a handful of my col- AMENDMENT NO. 2848 TO AMENDMENT NO. 2847 and the level agreed to last year in the leagues who insisted on delaying the Mr. REID. Mr. President, I now have Budget Control Act, but this bill is $19 business of the Senate. a second-degree amendment at the billion more than what was approved We have heard our distinguished ma- desk. by the House in the PAUL RYAN budget. jority leader cite the statistics. In 382 The PRESIDING OFFICER. The I am encouraged the House has finally instances in the past 6 years he has clerk will report. repudiated its own budget. I am only been forced to file cloture to break fili- The bill clerk read as follows: sorry it has taken them this long to busters. It is becoming very clear fili- The Senator from Nevada [Mr. REID] pro- come to their senses. One of the pri- busters are crippling the Senate. This poses an amendment numbered 2848 to mary reasons Congress now faces this year, this Senate has been in session amendment No. 2847. CR is that the House broke this agree- for 105 days. By my count, on 31 of The amendment is as follows: ment on spending. those days the Senate has done nothing In the amendment, strike ‘‘2 days’’ and in- I want my colleagues to know I sup- but consider motions to proceed, as we sert ‘‘1 day’’. port this measure even though it is far are doing with this motion, or to in- from perfect. In fact, I would say it is voke cloture. That means nearly 30 f not a good bill, but passing it is much percent of the Senate’s time this year SPORTSMEN’S ACT OF 2012— better than allowing the government has been completely wasted. MOTION TO PROCEED to shut down over a lack of funding. Moreover, the Senate has only voted Mr. REID. Mr. President, I move to Continuing resolutions are not new. on amendments and legislation on 21 of proceed to Calendar No. 504, S. 3525. As some of my colleagues are aware, I those days that we were in session. On The PRESIDING OFFICER. The have served in this Senate for 49 years 21 out of 105 days, we actually legis- clerk will report the bill by title. and 9 months. During my tenure, this lated and worked. The rest of the time The bill clerk read as follows: Congress has completed its work and was spent on a backlog of nominations The Senator from Nevada [Mr. REID] moves enacted all of its spending bills without or breaking filibusters. to proceed to the consideration of Calendar needing a continuing resolution on I have never experienced anything No. 504, S. 3525, a bill to protect and enhance only three occasions. In 49 years, three like this in my many years in the Sen- opportunities for recreational hunting, fish- times. This is not a record we should be ate. It is true that for some time the ing, and shooting, and for other purposes. proud of, but it demonstrates how dif- use of filibusters has been increasing, CLOTURE MOTION ficult it is to agree on funding for each but this year it has truly exploded. I do Mr. REID. I have a cloture motion at of the thousands of Federal programs not oppose filibusters. I believe the fili- the desk. that the Appropriations Committee re- buster is one of the most critical tools The PRESIDING OFFICER. The clo- views annually. However, never before Senators have to protect the rights of ture motion having been presented in history has the Congress passed a our constituents. This is especially

VerDate Mar 15 2010 01:28 Sep 21, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G20SE6.043 S20SEPT1 tjames on DSK7SPTVN1PROD with SENATE September 20, 2012 CONGRESSIONAL RECORD — SENATE S6503 true for small States, such as Hawaii, ing to activate new Federal prisons deserving of additional resources and which are at a disadvantage in the that currently sit empty was not in- which programs should be reformed or House of Representatives compared to cluded. terminated. Contracts will not be let in States with very large delegations. In This bill denies necessary authorities a timely and efficient manner, and ac- fact, the first speech I delivered in the for dozens of programs. In some cases, quisition and construction costs will Senate was in defense of the filibuster. the administration will find cum- rise with delay. The morale of the Fed- I supported the filibuster. Times were bersome work-arounds. For others it eral workforce will suffer. Perhaps different then. will have to slow down work on ongo- most importantly, we have lost a For example, I waited until April of ing programs, and this increases costs chance to supplant the looming seques- that year before speaking on the Sen- and brings about inefficiency. Many ter. ate floor, and I spoke on the filibuster. programs will simply have to cease ac- Elections have consequences, as they When I delivered my maiden speech, tivity and await additional action on most certainly should, but elections legendary Senators such as Everett appropriations bills. should not have the consequence of Dirksen, Richard Russell, Mike Mans- We urged the House to include many rendering Congress unwilling or in- field, and John Stennis were all in at- of the provisions requested by the ad- capable of performing its most funda- tendance. Truly, times have changed, ministration, but they refused. The bill mental duties in the times leading up but the most striking difference be- would have been far better had more of to those elections. In my view, the tween then and now is that a filibuster these requirements been met. Yet I thoughtful and dutiful appropriation of was used very rarely in those early would point out that the House has not funds for our national defense and days and only for matters of extreme played favorites. No department was other government operations is such a importance to Members and their granted the authorities it required. fundamental duty. States. The Defense Department has not been I deeply regret that the majority I did not agree with those who used singled out for special help by House leader chose not to call up a single ap- the filibuster in the 1960s to try to stop Republicans. If anything, it has been propriations bill. Chairman INOUYE has civil rights legislation. I disagreed treated more harshly than many other shown impressive leadership of our with those who used the filibuster agencies. committee in reporting 11 of the 12 against health care reform in 2010. But So I support this bill because oppos- bills out of our committee. Most were in both cases I defended the right to do ing it is not a responsible alternative. reported on a broad bipartisan basis. so. No one should be interested in delaying The chairmen and ranking members of This year the Senate has been held or defeating this bill. We simply can- the subcommittees have put a lot of up, delayed, and rendered ineffective not afford to shut down government time and thought into the bills. The for at least 30 percent of its time by operations. staffs have worked very hard producing the abuse of the filibuster. These fili- I urge my colleagues to join me in this legislation. The other body has busters were not to highlight impor- voting for this bill which will preserve also produced a bill. It has passed seven tant policy differences, nor were they our government. It is lean and it is of the appropriations bills in the other to protect a Senator’s constituents. In- stripped down, but it contains the body and I suspect would have passed stead, in virtually every case it was funding and minimal authorities essen- the others had there been any sign of simply to thwart the ability of the tial to ensure that the services pro- movement in the Senate. We can only speculate as to why none Senate to function. vided for all Americans can be contin- of the bills have been considered here So today is a sad day. The Senate is ued over the coming months. in the Senate. Other issues were forced to take up a 6-month continuing I yield the floor. deemed more pressing or expedient for resolution instead of acting upon reg- The PRESIDING OFFICER (Mrs. one reason or another. Perhaps votes ular appropriations bills. The bipar- SHAHEEN). The Senator from Mis- on amendments to spending bills were tisan zeal for regular order last spring sissippi. deemed to be politically perilous, has been crushed by dilatory tactics of Mr. COCHRAN. Madam President, this continuing resolution results from whatever the reasons. a few Members who have wasted the At a time when addressing our Na- an agreement reached between the Senate’s time. At some point, this body tion’s fiscal situation is so central to President and the congressional leader- needs to alter either its behavior or its our duty as Senators, it seems more ship for a 6-month, clean CR that ad- rules. imperative than ever that Members of heres to the fiscal year 2013 spending In addition to discretionary funding, this body have an opportunity to offer this resolution also provides $99 billion levels set out in the Budget Control amendments to shape the spending for overseas contingencies as requested Act. bills. Our problems are sufficiently The continuing resolution does not and necessary for the coming year. large that it will require all of our good make reductions in programs for which Further, it continues funding at cur- ideas to make the day-to-day oper- rent levels to pay for disasters under the President requested less money in ations of government as efficient and FEMA and to fight fraud, waste, and fiscal year 2013, nor does it make cuts effective as possible. This might mean abuse in the Social Security Program. that have been proposed by the Con- we have to take votes on difficult Each of these is consistent with the au- gress. Neither does the resolution in- amendments. But would that really be thorities included in the Budget Con- crease funding for programs Congress so traumatic? trol Act. or the administration deemed to be As a result of our inaction, we are In addition, the bill before the Senate high priorities, with a few exceptions. compelled to pass this continuing reso- provides only the bare minimum that The continuing resolution does not lution to fund the government. I would is necessary to maintain the functions contain any new oversight provisions have preferred a shorter term CR in of our Federal Government. The ad- to guide agencies, nor does it include order to motivate action on the appro- ministration sought approximately 78 any new riders to limit the activities of priations bills, but 6 months is what proposals to ensure that critical pro- the executive branch. In short, it puts has been agreed to. grams and authorities could be contin- the portion of government that we call Proponents of this 6-month CR argue ued for the next 6 months. This bill in- discretionary on automatic pilot. En- that the prospect of a government cludes only about half of them because actment of this resolution will, for the shutdown should be taken off the table the House was unwilling to allow more. time being, avoid a disruptive govern- so that we can focus on the complex Provisions deemed essential by the ment-shutdown fight. issues facing us in the coming months. Secretary of Defense to preserve au- The resolution represents a lost op- But do those issues look any more sim- thorities for ongoing programs in sup- portunity. We have lost the oppor- ple now that we are about to pass this port of our efforts in Afghanistan and tunity to provide agencies with at least CR? in Iraq are not in this measure. Special some certainty about funding for this All manner of taxes are scheduled to provisions to allow the Department of fiscal year. We have lost the oppor- go up on January 1. Medicare reim- Defense to award contracts for critical tunity to make informed judgments bursement rates will be cut dramati- programs were denied. Additional fund- about which programs are effective and cally. The debt ceiling looms. And due

VerDate Mar 15 2010 01:28 Sep 21, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G20SE6.047 S20SEPT1 tjames on DSK7SPTVN1PROD with SENATE S6504 CONGRESSIONAL RECORD — SENATE September 20, 2012 to the inability of the supercommittee Washington, perhaps a little angry at 15, 2012, at Georgetown University Hospital to propose a debt reduction package, Congress, but after meeting Jennifer, in Washington, DC. She was born February we are facing a budget sequester that they left knowing they had a friend 23, 1966 in Princeton to the union of James F. Spicer and Beatrice Spicer and was the very few people seem to think is a good here. Jennifer put a human, caring face youngest of five children. Jennifer first ac- idea. on the Senate—a service to this insti- cepted the Lord at Mt. Calvary Missionary Perhaps passage of this CR will help tution that affected the way hundreds, Baptist Church in Princeton and after mov- us address these pressing matters. I and probably thousands, of Wisconsin- ing to Maryland she became a member of the hope that it will. But I am not so sure ites viewed their government. Maple Springs Baptist Church in Suitland, it changes things that much. Of course, no one, not visitor or staff, MD. She was a graduate of Princeton High Regardless of who wins what in the could leave the office without an up- School and was a former employee at the Dairy Queen in Princeton. Her first govern- upcoming election, we have a great date on Jennifer’s family, especially deal of unfinished business to resolve ment position was doorkeeper of the Senate her beloved mother Beatrice Spicer, Chamber, and she then worked as an elevator in the coming months. her father Floyd Spicer, her brothers operator in the Unites States Capitol in None of my colleagues likely relish and sisters, and her son Lorenzo Green. Washington, DC. Jennifer continued her the prospect of voting in March—up or She was so proud of this fine young service as mail carrier under the Senate Ser- down—on either a trillion-dollar omni- man, as we all are. Through Jennifer, geant at Arms Office for the Senate Post Of- bus bill or a trillion-dollar full-year we got to watch a mischievous little fice. She then became a data entry operator CR. Yet that is where we are headed if to U.S. Senator Paul Simon of and boy grow to a talented and strong man later accepted a position as front office re- we continue to do nothing. serving our country as a member of the Appropriations bills are not simply ceptionist with the Special Committee of U.S. Coast Guard. She made sure ev- Aging. During the changing of legislature, opportunities to spend more money. eryone got a good look at the hand- Jennifer moved to Charlotte, NC, where she They provide regular opportunities for some—and big—framed picture she worked with the American Heart Association effective oversight of Federal agencies. kept in her cubicle of Lorenzo in uni- and Gerrard Tire and Automotive. Upon And when we take the time to bring moving back to Maryland, Jennifer accepted form. them to the Senate floor, they provide the position as receptionist with the Senate Jennifer made us all feel as if we Finance Committee and then spent the last regular opportunities for the elected were part of her wonderful family. She representatives of all the people to sixteen years with the office of Senator Herb was always the first to ask to see the Kohl of Wisconsin in the positions of Mail- shape, as well as fund the operations of picture of a new baby, quick to drive a room Manager, Photographer, and Intern Su- the Federal Government. I hope the colleague to the doctor or listen to a pervisor. During this time she also worked Senate will not continue to deny the staffer who lost a parent, ready to swap part time for Senator Evan Bayh of Indiana, people that opportunity. Senator Kay Bailey Hutchinson of , a recipe or dissect the Redskins’ latest The PRESIDING OFFICER. The Sen- Senator Byron Dorgan of North Dakota, and ator from Hawaii. performance. And that was not just my Senator Bob Casey of Pennsylvania. She was Mr. INOUYE. Madam President, I be- experience and that of my staff—Jen- preceded in death by her maternal and pater- lieve the record should show how much nifer knew just about everyone who nal grandparents. Survivors include her lov- we appreciate the work of the distin- works on the Hill. We have had a ing son, Lorenzo J. Green of the U.S. Coast Guard stationed in Alaska; parents, Beatrice guished Senator from Mississippi, the steady stream of visitors stopping by the office to share memories and ex- E. Burton Spicer of Princeton and James vice chairman of the committee, THAD ‘‘Floyd’’ Spicer of Atlanta, GA; step chil- COCHRAN. We have demonstrated to our press their condolences. Thank you all dren, LaQuosha Jackson, Willard Green, Jr., colleagues that bipartisanship works in for the comfort that has brought our Byron Green, Latonya Green, and Trea this Senate. All they have to do is staff. Green; three godchildren, Brittany Coleman, watch us operate. Jennifer’s funeral will be held in her Mykisha Avery, and Amanda Spicer; two I yield the floor. hometown of Princeton, WV, this Sat- brothers, Joey A. Spicer and James ‘‘Toby’’ The PRESIDING OFFICER. The Sen- urday. I urge anyone who wants to at- Spicer both of Princeton; two sisters, Cindy tend or to leave a message for the fam- E. Townes of New Carlton, MD and Donna M. ator from Wisconsin. Spicer of Mooresville, NC; special cousin REMEMBERING JENNIFER GREEN ily through the funeral home to con- that was like a brother to Jennifer, John Mr. KOHL. Madam President, I rise tact my office for details. We will also ‘‘Dexter’’ Coles of Capitol Heights, MD; today with great sadness to inform the be organizing a memorial service for faithful friend, Derrick Williams; and a host Senate that Jennifer Green, a valued Jennifer here in the Senate in the com- of aunts, uncles, nephews, nieces, cousins member of my staff and a cherished ing weeks, and we will make sure all and additional friends. Funeral services will member of the Senate family, passed offices get plenty of notice so that her be conducted at 11:00 AM, Saturday, Sep- many friends can be there. tember 22, 2012 at the George W. Seaver away last weekend after a brief illness. Chapel of Seaver Funeral Home in Princeton It is a comfort to all who knew Jen- Everywhere you look in the Capitol, with Bishop Romey Coles, Rev. Charles nifer that she spent her last hours in a there are plaques, pictures, and statues Stores, Rev. Jesse Woods and Rev. Terrance room filled with the family she cher- commemorating the men and women Porter officiating. Burial will follow at ished so deeply, but no room on Earth who built this great institution, but Restlawn Memorial Gardens, Littlesburg would have been large enough to hold these, like all things physical, often- Road in Bluefield. Family and friends may all those who mourn her, who have times fade or are forgotten. Jennifer call at the funeral home from 6:00 PM until touched the heart of the Senate, the 8:00 PM, Friday, September 21, 2012 and 10:00 been touched and made better by AM until the service hour on Saturday. On Jennifer’s beautiful smile, big heart, people who work here, and the people line condolences may be sent by visiting and easy friendship. She is sorely who visit. Hers is a legacy and a con- www.seaverfuneralservice.com. Seaver Fu- missed in my office, throughout the tribution that time cannot erase. neral Home in Princeton is serving the Green Senate, and even across the country. For everyone in my office and for the family. Jennifer worked in my office for the entire Senate, I offer my deepest con- Mr. KOHL. I yield the floor. past 14 years, but she served the Senate dolences to Jennifer’s dear family. I The PRESIDING OFFICER. The Sen- for nearly a quarter century, starting hope you can find comfort in knowing ator from Utah. with the Sergeant at Arms when she of all the good she did and the joy she TRIBUTE TO RYAN MCCOY was just 20 years old. Jennifer was brought in her time here. We will all Mr. LEE. Madam President, I rise often the first face visitors to my office miss her profoundly and hold her in our today to recognize and honor my friend would see. She did more than just ar- hearts forever. Ryan McCoy, a departing member of range Capitol tours or point them to Madam President, I ask unanimous my staff. Ryan McCoy is, in fact, much the nearest DC attraction; she worked consent to have printed in the RECORD more than just a member of my staff; out a botched hotel reservation, found a copy of Jennifer’s obituary. he has been the energy behind many of a glass of water to soothe an over- There being no objection, the mate- my legislative goals, and he is also a heated toddler, listened to worries rial was ordered to be printed in the close friend. While no tribute of words about a failing farm, a sick grand- RECORD, as follows: could ever match the debt of gratitude parent, or a threatened job. JENNIFER DENISE SPICER GREEN he truly deserves, I would like to pay Many of my constituents arrive in Jennifer Denise Spicer Green, 46 of Lusby, tribute in the official records of Con- the office a little overwhelmed by MD, departed this life Saturday, September gress to someone who fought to make a

VerDate Mar 15 2010 02:04 Sep 21, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A20SE6.009 S20SEPT1 tjames on DSK7SPTVN1PROD with SENATE September 20, 2012 CONGRESSIONAL RECORD — SENATE S6505 difference both for the State of Utah As much as we will miss Ryan, we To be fair, we had something to show and for our country. will also miss his wife Kara and her for it. We had won World War II and C.S. Lewis said: shared enthusiasm every bit as much. I the world was a very different place in Friendship is born at that moment when thank Kara. She and Ryan have be- 1945 than it is today. But the point is one person says to another: ‘‘What! You too? come an important part of my life, an that we were tested. How did we re- I thought I was the only one.’’ important part of my family, an impor- spond? Well, we invested in the things My friendship with Ryan McCoy, my tant part of my office family. we believed would grow the economy. former legislative director, was born in In addition to thanking Kara, I also We invested in education, things such that very way described by C.S. Lewis. want to thank Ryan and Kara’s chil- as the GI bill, which helped my moth- We met back in 2009 when I was speak- dren, Connor, Tate, Gage, and McCall, er-in-law, widowed at age 29, go to col- ing to a group of Utahans about a topic for loaning their dad to me for these lege. near and dear to my heart: article I, few years. Kara once told me that dur- We invested in Pell grants which section 8 of the Constitution. I spoke of ing a particularly busy time in the helped my wife Franni and her three my passion for the Constitution and for Senate, one of their children—I do not sisters go to college. We invested in in- the principles of limited government remember which one—actually came to frastructure. We built 40,000 miles of embodied therein, and my message ap- her and asked her where their dad had highways in the 1950s. We invested in parently struck something of a chord gone and whether or when he might be innovation and we won the space race with Ryan, who had recently taken a returning. I appreciate their sacrifice, which, in turn, led to the creation of greater interest in finding ways to re- and I hope they will grow up knowing whole new industries such as personal store those same principles. We spent their father is a true hero of mine—and computers and telecommunications. Those investments paid off and our several hours after the speech talking always will be—one who works tire- economy experienced three decades of about what the Constitution meant to lessly for his country and for their fu- incredible growth, growth that flowed both of us. I had not always thought ture. I wish them the best back in to the top, to the middle, and to the about running for office, but when Utah, and on behalf of myself, Sharon, bottom. Between 1947 and 1977, wages Ryan suddenly prepared a PowerPoint and my entire staff, I extend my love for the top fifth, the top fifth of work- presentation for me about the problems and sincere appreciation to each of ers, grew by 99 percent, and wages for we face as a country and about the them. those in the bottom fifth rose by 116 ways in which he and I, working to- Thank you, Madam President. percent. I know that is hard to believe. The PRESIDING OFFICER. The Sen- gether, could make a difference, I The wages of the bottom fifth grew ator from Minnesota. started thinking much more seriously more than those of the top fifth. But about it. TAX AND ECONOMIC POLICY that happened. When Ryan and I discussed later his Mr. FRANKEN. Madam President, Even though we remained a Nation in leadership role in my office, his wife two enormous challenges will await us which many kids like my wife Franni Kara jokingly told him that he had no when we return from recess. Our econ- grew up in poverty, we had enough to idea what he was doing. But the truth omy is still not yet fully recovered invest in a strong safety net that is that we needed to know only one from a devastating recession, and the helped those kids like Franni and her thing, just one thing: that we could prospects for our middle class and for sisters and her brother work their way make a difference. In the end, I believe those aspiring to be in the middle class into the middle class. We bounced back that was our greatest asset. Ryan and or to get back into the middle class re- from World War II to build an economy I shared a vision for change in Wash- main uncertain. Meanwhile, our budget with a middle class that was strong, se- ington. We knew it would not come remains sorely out of balance, and our cure, and accessible to almost every- easily, but it had to come from people long-term debt crisis is putting our Na- one. who wanted to make a difference. It tion’s fiscal future at risk. These two Thanks in large part to the growth had to come from people who had lived challenges are, of course, linked. We generated by that thriving middle in difficult economic circumstances cannot hope to solve our long-term class, we were able to lower our na- and felt the need for change as it debt problem unless we get our econ- tional debt to about 31 percent by 1981; tugged at their own pocketbooks and omy growing again, and we cannot so 121 percent at the end of World War at their own individual freedoms being hope to rebuild our prosperity unless II, to 1981, about 31 percent. Since then eroded by an ever-expanding govern- we resolve our budget problems. our economy has had some good times ment. So we will have big decisions to make and some bad times. We have raised At a meeting a few months after we when we come back, but in the mean- taxes and we have lowered taxes. We met, Ryan spoke of the common goals time the American people will be wres- have had surpluses and we have had we shared. He said that our movement tling with the same issues: What deficits. would be based on a clear, unequivocal should we do to grow our economy and As this chart shows, our debt relative message that it was time to change reduce our debt? What are the right in- to GDP has gone up and down. We have course for our country. Ryan and I vestments to make? seen the results of a variety of ap- shared this vision, and Ryan knew oth- How should we pay for them? What proaches to the issues we face today. In ers would catch on to it. In the nearly sacrifices must be made in the name of the 1980 election, was 2 years he served as my legislative di- fiscal responsibility? Who is going to elected on a platform that appealed to rector, he worked hard, he worked tire- make them? That is the debate our Na- concerns that the government taxed lessly, he worked constantly to keep us tion will have over the next 6 weeks. too much and spent too much. His ap- focused on these legislative goals and Those are the questions we must be proach was later called ‘‘starving the to keep us true to our principles. prepared to answer when we return. So beast.’’ Here is how he explained it. It is safe to say that I would not be before I go home to Minnesota to share This is a quote. This is President here today without the hard work and my thoughts with my constituents, I Reagan. dedication of Ryan McCoy. Once here, I wanted to take a few moments to share There are always those who told us that taxes could not be cut until spending was re- would never have been able to do many them with my colleagues. duced. Well, you know, we can lecture our of the things I have done without Ryan My view of what we should do in re- children about extravagance until we run McCoy’s expert assistance. Ryan will sponse to these challenges is based out of voice and breath or we can cure their be remembered in my office as a re- upon what we have done in response to extravagance by simply reducing their al- spected leader and as a man who truly similar challenges in the past. We are lowance. loves his country. not the first Congress or the first gen- Cutting taxes, cutting revenue to the Too often in the hustle and bustle of eration to struggle with these issues. government. When Reagan took office, Washington, we tend to take our staff At the end of 2011, our national debt he fulfilled his campaign promise and members for granted. It is when they had reached 100 percent of our gross do- signed into law a huge tax cut, and on leave that we truly see the impact they mestic product. That is frightening. cue we began to amass enormous defi- have had and the wide breadth of influ- But after World War II, our debt was cits almost immediately. In fact, Presi- ence they had while they were here. 121 percent of GDP. dent Reagan’s Budget Director at the

VerDate Mar 15 2010 04:30 Sep 21, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G20SE6.050 S20SEPT1 tjames on DSK7SPTVN1PROD with SENATE S6506 CONGRESSIONAL RECORD — SENATE September 20, 2012 time, David Stockman, has explained the projected deficit that President out the Recovery Act, imagine how that 1981 was when the era of large per- Bush left for President Obama. many more teachers and firefighters manent deficits began. So far I have talked about President and police officers would have had to The deficits were so bad in his first Reagan and his approach of cutting have been laid off, and imagine what year, in 1981, that President Reagan revenue in order to force the govern- that would have meant to our econ- had to increase taxes in 1982, and again ment to cut spending. We saw what omy, never mind what it would have in 1983. In fact, he ended up raising happened. We could not or did not cut meant to our communities. But the taxes 11 times; not because Ronald enough spending to keep our budget in one-third that gets the most attention Reagan was a Socialist—at least I real- balance. We had huge deficits even was the one-third that went toward ly do not think so—but, rather, be- when Reagan tried to backtrack and creating jobs. cause he could not ignore the arith- raise more revenue. I have talked Did it work? There are a few ways to metic. about President Clinton and his ap- answer that question, but the answer is Still that first tax cut was so big proach of raising taxes on the top 2 the same every time: Yes. First, we can that over the course of his Presidency, percent in order to bring the budget look at our chart and see that once the our national debt nearly tripled. It did into balance. We saw what happened. Recovery Act began to be implemented not grow rapidly during the adminis- The economy grew and we generated a we started losing less jobs and then we tration of George H. W. Bush. Then he record surplus. I have talked about started creating jobs. We have had 30 handed it off to President Clinton. And President Bush and his approach of straight months of private job cre- what he handed off was at that point cutting taxes and incurring large ex- ation—of growth. the largest deficit in the history of our penses without worrying about the country. ramifications on the deficit. We saw Secondly, we can ask economists. In President Clinton’s 1993 deficit re- what happened. Deficits ballooned and The most reputable economists, includ- duction package, he added two new tax when the economy crashed, it crashed ing—— rates, marginal tax rates, at the top hard. Mr. REID. Would my friend yield? end: 36 percent for income above So what about President Obama? Mr. FRANKEN. Certainly. $180,000, 39.6 percent for incomes above What has his approach been? Well, if $250,000. The Republicans objected you ask some people, including unfor- Mr. REID. Madam President, we are rather vehemently, arguing that ask- tunately many in this Chamber, they going to have no more votes today—no ing the top 2 percent pay a little more tell you that President Obama’s ap- more votes today. It is obvious to me would send the economy into a reces- proach was to go on a massive spending what is going on. I have been to a few sion, which, of course, would be detri- spree. Well, it is not true. Over his 4 of these rodeos. It is obvious a big stall mental to the goal of reducing the def- budget years, Federal spending is on is taking place, so one of the Senators icit. track to rise from $3.52 trillion to $3.58 who doesn’t want to be in the debate The bill passed without a single Re- trillion, an annual increase of 0.84 per- tonight will not be in the debate. He publican vote in either House. But the cent. can’t use the Senate as an excuse. Republicans’ dire predictions turned You can hash these figures out, but There will be no more votes today. out to be wrong, extremely wrong. Be- here is a chart that comes from Market The PRESIDING OFFICER. The Sen- tween 1993 and 2001, this country expe- Watch, a publication of Dow Jones ator from Minnesota. rienced an unprecedented expansion of which also owns the Jour- our economy. We created 22.7 million nal, that shows Obama’s increase in Mr. FRANKEN. I thank the Chair. net new jobs. We decreased the number spending from 2010 to 2013. These are That is too bad. of Americans in poverty to record lows. Reagan’s. These are numbers from the I was going over what happened, re- We increased the median household in- nonpartisan Congressional Budget Of- viewing what happened once the stim- come and we created more millionaires fice, from the Office of Management ulus package had been passed in Feb- than we ever had before. and Budget. You can see the growth of ruary, when unemployment was over 8 Not only did President Clinton’s def- Federal spending. This is lower than it percent. And we can see as it started icit reduction plan reduce the deficit, was under any of the Presidents I taking effect we lost less and less jobs it eliminated the deficit. President talked about. and have since had 30 straight months Clinton was able to hand off to Presi- Indeed, the article that ran with this of private sector job growth. I said we dent George W. Bush a record surplus. chart concludes that the growth of could ask economists. Most reputable In fact, in January of 2001, we were on Federal spending under President economists, including those of the non- track to completely pay off our na- Obama is the lowest it has been since partisan Congressional Budget Office, tional debt by the year 2011. However, the Eisenhower administration during agree the Recovery Act created or as we know, President Bush chose a the wind-down from the Korean war. saved anywhere from 2.5 million to 3.5 different course. Whether you agree But remember that besides a $1.1 tril- million jobs. with the two wars we entered into dur- lion deficit, President Obama inherited In the words of Mark Zandi, the eco- ing his administration, the new entitle- an economy that in the month he took nomic adviser to Senator JOHN MCCAIN ment program that we created, or the office lost over 800,000 jobs. That was in his 2008 Presidential campaign, the two tax cuts we passed, the fact of the January. The next month, February, Federal policy response to the finan- matter is we did not pay for any of 2009, he lost about 700,000 jobs. But that cial crisis, including the stimulus, those things. They all went on our na- is also the month in which we passed ‘‘probably averted what could have tional credit card. the Recovery Act. By the way, when been called the Great Depression 2.0.’’ While the two tax cuts tilted toward the Recovery Act was passed in Feb- those at the top—they did help some at ruary of 2009, the unemployment rate But we don’t have to take the word of the top do extremely well during the was already above 8 percent. Mark Zandi. We don’t have to take the Bush administration—it is hard to say The Recovery Act, also known as the word of all the other reputable econo- the things we put on that credit card stimulus, is what people usually point mists. We don’t even have to take the created the kind of durable broad-based to when pressed to explain why they word of the Congressional Budget Of- prosperity we saw in the 1990s or that think President Obama has increased fice, although the CBO sort of exists we built in the 30 years after World spending. But the truth is that more for those of us in Congress. We can ask War II, for that matter. It would be than one-third of the Recovery Act was Jamie, Cecil, and Sheila. hard to say, because when President tax cuts. The stimulus cut taxes for 95 This is Jamie, working on the Duluth Obama took office from President percent of American families. Another Lift Bridge a couple years back. This is Bush, the economy was hemorrhaging one-third was fiscal aid to the States, a picture of Cecil, who is working on a jobs at the rate of over 800,000 a month. which were feeling the same budget highway extension project. Let’s give And when the bill came for the Bush crunch as the Federal Government but, Cecil his due. He is working on a high- policies, we were staring at a projected in most cases, didn’t have the option of way extension project in Brooklyn $1.1 trillion deficit for 2009. That was running a deficit in tough years. With- Park in the suburban Twin Cities.

VerDate Mar 15 2010 04:31 Sep 21, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G20SE6.051 S20SEPT1 tjames on DSK7SPTVN1PROD with SENATE September 20, 2012 CONGRESSIONAL RECORD — SENATE S6507 Then we have Sheila. This is Sheila in I don’t think only government can We are not going to get anywhere if front of her Bobcat working the night create jobs. I know that. But I know we can’t agree that, yes, the govern- shift on an I–94 improvement project. that only government can make those ment does have a role to play in help- These are people who were put back critical investments that will help the ing the private sector create jobs; and, to work by the stimulus. Despite private sector create jobs, and I know no, we will not cut the deficit by cut- claims by some that the only jobs cre- it works when we do. It worked after ting taxes; and, yes, we are going to ated by the stimulus went to govern- World War II, it worked under Presi- have to both raise revenue and reduce ment bureaucrats, we will notice dent Clinton, and it worked in the Re- spending if we want to get a balanced Jamie, Cecil, and Sheila are not, in covery Act. Those investments, how- budget; and, no, asking the wealthy to fact, government bureaucrats. Thank- ever, cost money, and we will not be pay a little more will not drive us back fully, we do not let government bu- able to afford them unless we reduce into a recession. reaucrats operate heavy machinery. our deficits. We have debated these issues a lot What can we say about the approach I think people who talk about cut- this year and we haven’t resolved the of President Obama so far? ting spending should say what spending argument. Now we are going home, and He slowed the growth of Federal they want to cut. I want to cut spend- it is the American people’s time. It is spending to its lowest level since Ei- ing, so let me tell you what spending I the American people who get to have senhower. He has cut taxes—not just in want to cut. their say. I hope that over the next 6 the stimulus package but many times I want to cut the billions in subsidies weeks we lead them in a debate worthy during his first term—to the tune of we give to oil companies that simply of the challenges we face—a debate more than $850 billion. When the econ- don’t need them. I want to let Medicare rooted in the facts and mindful of our omy was at its low point, he made in- negotiate for pharmaceuticals under history. vestments and put people back to work Part D, just as the VA does, because I hope when we come back we are in the short-term and prevented things prohibiting Medicare from doing so ready to have that kind of worthy de- from getting even worse. amounts to a subsidy for pharma- bate ourselves and then make the There was another road we could ceutical companies, one that, again, tough calls, as our constituents will in have taken. That approach would have they do not need. I want to make cuts November. involved not just cutting spending but in our military budget, because as the I wish my colleagues well over the re- gutting the government, and it defi- comprehensive defense review found— cess, and I look forward to getting nitely wouldn’t have involved making begun under Secretary Gates and com- back to our important work when we investments to put people back to pleted under Secretary Panetta—we return. work. I yield the floor. We will never know whether that ap- can make hundreds of billions of dol- lars in cuts to the defense budget with- The PRESIDING OFFICER. The Re- proach—known as austerity—would publican leader. have gotten us results such as the ones out compromising our fundamental se- UNANIMOUS CONSENT REQUEST S. 3576 reflected on the previous chart, but we curity and military interests. Of course, we can’t only cut the Mr. MCCONNELL. Madam President, do know what happened in countries things we think are easy calls to cut. I see my friend, the majority leader, on where they tried this alternate ap- We are going to have to cut some the floor. proach. This is a chart of European things we don’t want to cut. Speaking I am surprised they announced no countries that went the austerity personally, I have already had to vote more votes a little while ago. We are route. This is GDP from 2008 to 2012. prepared to finish business today. In This would be where President Obama for some of those hard cuts, and it was fact, I intend to offer shortly the unan- became President and this is Europe not fun. But there simply aren’t imous consent agreement that the ma- and we all were seeing a global melt- enough cuts to make. It is clear to me, jority leader himself was shopping last down. These are countries that did aus- if we are going to protect our most vul- night. Our side of the aisle is prepared terity in Europe, and this is the United nerable Americans—our children, the to finish up the business for this par- States. The evidence tells us our way sick, the disabled, our seniors—and ticular preelection session. worked. President Obama’s way make the investments that will grow I ask unanimous consent that at 5 worked and theirs did not. our middle class and our economy, we p.m. today, the Senate proceed to the Of course, while we are better off are going to have to raise revenue. than we were 4 years ago and better off Just like President Reagan—but un- consideration of S. 3576, Senator than we would be if we had tried aus- like some of today’s Republicans—I PAUL’s bill regarding foreign aid; that terity instead of the approach taken by know we don’t raise revenue by cutting there be up to 2 hours of debate, equal- President Obama, which, if we look at taxes. That is why I support restoring ly divided between Senators Paul and the growth in spending, was pretty the Bush tax cuts for the first $250,000 Kerry or their designees; that upon the close to austerity, we are obviously of income but after that allowing the use or yielding back of that time, the still not where we want to be, either in top marginal rate to go back to where Senate proceed to vote on passage of terms of our economy or in terms of it was under President Clinton. I know the bill; that the vote on passage be our deficit. that, as they did in 1993, people will subject to a 60-vote affirmative thresh- What is the right way going forward? argue that doing so will hurt the econ- old; that if the bill does not achieve 60 First, let us talk about deficit reduc- omy. But I am equally confident that, affirmative votes, it be considered as tion. It is clear to me that any solution as they were in 1993, they will be having been read twice, placed on the that does not include both increased wrong. calendar; that following the vote on revenue and decreased spending simply I know we all come to the debate passage of that legislation, S. 3576, the isn’t going to work. The hole is too big about our Nation’s challenges with dif- Senate proceed to consideration of Cal- for us to tax our way out or to cut our ferent philosophies and different con- endar No. 418, S.J. Res. 41; that there way out. We have to do both. The hole victions and I respect that many of my be up to 60 minutes of debate, equally is, in fact, so big we can’t even get out colleagues feel they would be betraying divided between Senators Graham and of it just by taxing and cutting. We their own political core by asking the Senator PAUL or their designees; that have to grow our way out too. wealthy to pay a little more or invest- upon the use or yielding back of that That is why I think we need to invest ing taxpayer dollars in job creation. I time, the Senate proceed to vote on in education, and infrastructure, and didn’t feel great about all the cuts I passage of the joint resolution; that if innovation. That means early child- had to vote for over the last couple the joint resolution is not passed, it be hood education, which has a return of years either. But I don’t think we are returned to the calendar; that fol- investment in every study—quality going to get anywhere if we are so in- lowing the vote on the joint resolution, early childhood education—of $16 for vested in following our own ideologies the Senate resume consideration of every $1 spent, and in workforce train- that we refuse to acknowledge the les- H.J. Res. 117, the continuing resolu- ing, in roads and bridges and rural sons of where we have been or the truth tion; that the motion to proceed be broadband, in clean energy and health about where we are and where we are agreed to, there be up to 30 minutes of care technology. headed. debate, equally divided between the

VerDate Mar 15 2010 04:31 Sep 21, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G20SE6.053 S20SEPT1 tjames on DSK7SPTVN1PROD with SENATE S6508 CONGRESSIONAL RECORD — SENATE September 20, 2012 two leaders or their designees, with Mr. MCCONNELL. Madam President, NYN be recognized for up to 15 minutes; Senator COBURN controlling 15 minutes just so everybody in the Senate will and when he completes that, the Sen- of the Republican time, prior to a vote understand, both Democrats and Re- ate go into recess for 1 hour. on passage of the joint resolution; that publicans, I just offered the consent The PRESIDING OFFICER. Without the vote on passage be subject to a 60- the majority leader himself was trying objection, it is so ordered. vote affirmative threshold; that fol- to get last night. The Senator from Texas. lowing the vote, the majority leader be Senate Republicans are prepared to Mr. CORNYN. I thank the majority recognized; and, finally, that no finish the continuing resolution today, leader for his courtesy. amendments, motions or points of prepared to vote on the Rand Paul pro- LABOR FORCE PARTICIPATION RATE order be in order during the consider- posal today, and prepared to vote on Earlier this month, we received an- ation of these measures. the Lindsey Graham proposal today. other big job report and along with it a The PRESIDING OFFICER. The ma- That was acceptable to the majority serious disappointment. jority leader. leader; it is not acceptable to him The numbers speak for themselves. Mr. REID. Madam President, reserv- today. Obviously, something changed In August, a remarkable 368,000 Ameri- ing the right to object, we have had the over on that side of the aisle. cans left the workforce. They gave up, stall for several days now. I wanted to So I just want everybody to under- bringing the labor force participation make sure that one of the Senators stand that I and all the members of my rate, as it is known, to its lowest level who wanted to go to a debate would be conference are prepared to finish the in more than three decades. able to do that tonight. So he can go business of the Senate that was before Fewer people are looking for work in America than at any time in the last 30 now, because as I announced half an the Senate at the suggestion of the ma- years. That is a national tragedy. The hour ago there is plenty of time to do jority leader as recently as last night. unemployment rate stayed above 8 per- the debate. Mr. REID. While we are educating As I have indicated before, we are Senators, I would like to add a little to cent only because they quit counting the people who have given up. But it anxious to finish the business we have that. to do this work period. I am happy to We are willing to vote on all these had been above 8 percent for the 43rd vote on the Paul amendment. I have things, but we will do it tomorrow, not straight month. If, in fact, the same number of people who were looking for said that. I am the one who arranged it today. We want the debate to go for- work in January of 2009 are still look- so it is possible to vote on it. I have no ward. We are in very important Senate ing for work today, the unemployment regret as to having done that. I am races across the country. rate would be over 11 percent. That was happy to vote on the continuing resolu- So we will vote early in the morning, the date President Obama took office, tion, something that has 80 or more get all the debate out of the way or we January 20, 2009. So if the same number sponsors. will do it tomorrow night after mid- were looking today as were looking for I am happy to have all these votes. In night because we are not going to sepa- work then, it would be over 11 percent, fact, we can do the debate tonight on rate the sportsmen’s bill from the rest to show you how those numbers don’t the containment resolution and the of the stuff for obvious reasons. reveal the true pain and the sacrifice of Paul amendment. But understand this: Mr. MCCONNELL. I would only add American citizens who are looking for We are not separating the vote on the that is a new development here that work. CR and a piece of legislation that the majority leader is saying. I don’t know of anyone who could groups around this country have been I yield the floor. look at the August job report or the Mr. REID. Madam President, there trying to get done for years. It has June or July job numbers and feel good been held up here. As I have said be- has been no new development. Every- about the economy. I also don’t know fore, everything shouldn’t be a fight one—Republican staff, Democratic how they could now support a tax in- here. staff, all my caucus—has known for a crease when the economy is growing at The Senator from Montana, Mr. long time that we are going to have a a much slower pace, contrary to their TESTER, has assembled a broad package vote on this sportsmen’s package. This position—including the President’s po- of bipartisan legislation that has wide- is no new development. sition—in December 2010, when the ranging support from Republicans. I suggest the absence of a quorum. economy was growing at roughly 3 per- They are noted publicly in publications The PRESIDING OFFICER. The cent of GDP. here saying they support it. They will clerk will call the roll. Beyond our borders, the Europeans vote for it. It has the support of sports- The majority leader. are mired in a debt crisis, the Chinese men throughout this country. Getting Mr. REID. Madam President, I ask economy has slowed down dramati- to vote on this bill should not have to unanimous consent that the order for cally, and the United States continues be a big fight. This is the sort of thing the quorum call be rescinded. to face major economic headwinds. We we ought to be able to simply vote on, The PRESIDING OFFICER. Without can’t afford any self-inflicted wounds. and we are going to do that. But we are objection, it is so ordered. All I am suggesting is that we main- not going to separate the two. We are ORDER OF PROCEDURE tain the current Federal tax rates until going to have a vote on the CR; imme- Mr. REID. Madam President, we have we can work together in a bipartisan diately thereafter, we will have a vote a very important matter at 4 today. way and adopt real tax reform. Yet the on the motion to proceed to the sports- The Secretary of State is coming to ad- President occasionally calls that posi- men’s bill. dress all of us as to what is going on in tion extreme—ironically, the same po- We can get the debate out of the way the Middle East and around the world. sition he, himself, held in December of tonight. We can vote tomorrow. If not, There will be intelligence officers here 2010, as I said just a moment ago. we are going to vote tomorrow after and a lot of other people. So I ask It seems the President does not al- midnight. That will take care of one unanimous consent that the Senate re- ways understand or appreciate the vote, and the next will be sometime cess from 4 to 5 today to accommodate strong connection between taxes and Sunday morning. this very important Senators-only economic incentives on small busi- We are not having these votes today, briefing. nesses and other people we are depend- so everyone should understand. We are The PRESIDING OFFICER. Is there ing upon to create businesses or to not going to do that for the reasons I objection? grow existing businesses and create have already indicated. So if we want Mr. REID. Madam President, it is my jobs and to put Americans back to to do this, we can do it early in the understanding we have a couple Sen- work. morning—that is fine with me—or we ators who would like to speak before We need look no further than the 2010 can wait until tomorrow night after that. health care law, the law that went to midnight and then come in Sunday Mr. CORNYN. Reserving the right to the U.S. Supreme Court. Two aspects morning. object. of it were found unconstitutional but So I object. Mr. REID. I have no problem with not the tax on middle-class Americans. The PRESIDING OFFICER. Objec- the Senator from Texas speaking. I ask In addition to that middle-class tax tion is heard. unanimous consent that Senator COR- increase, the law contains a new excise

VerDate Mar 15 2010 04:56 Sep 21, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G20SE6.055 S20SEPT1 tjames on DSK7SPTVN1PROD with SENATE September 20, 2012 CONGRESSIONAL RECORD — SENATE S6509 tax on medical device manufacturers their views of America’s competitive- address all of these special tax provi- that will discourage companies from ness. At Harvard Business School, one sions so we can simplify and make building factories and creating jobs in of the premier business schools in the more fair our tax system, unleashing the United States. That is not just my country, alarmingly 71 percent of those the growth potential of the entrepre- conclusion. who responded said America would be- neurial American economy to create For example, Cook Medical, which come less competitive during the next jobs and prosperity that is sadly lack- has roughly 4,000 employees around few years. In other words, they were ing now in the current environment. Bloomington, IN, recently announced not optimistic about the direction of it is canceling five new manufacturing the country when it came to competi- Unfortunately, President Obama, plants it had scheduled to open over tiveness and job creation. One of the rather than attack this issue of crony the next half decade. A senior official biggest reasons for their pessimism is capitalism, has promoted it. During estimated the new medical device tax the bewildering complexity of our Tax the long government-run Chrysler will cost his firm between $20 million Code. A large majority said the tax bankruptcy process, the company-se- and $30 million extra each year. That is complexity is either ‘‘much worse’’ or cured bondholders received less for why they are shuttering those addi- ‘‘somewhat worse’’ in the United their loans—29 cents per dollar—than tional five plants and killing those po- States than it was in other developed the United Auto Workers pension tential new jobs. countries. That is why Americans now funds. They got 40 cents on the dollar. Another medical device company in spend hundreds of billions of dollars on The UAW pension funds, mind you, another part of the country—New tax compliance, because of a broken, were unsecured creditors, entitled to York—Welch Allyn, recently an- unnecessarily complex and impen- less priority than the bondholders, who nounced it will be slashing 10 percent etrable Tax Code—unless you have the were entitled to the highest priority, of its global workforce in response to money to hire armies of lawyers and but because of the way this was manip- this new tax. accountants to help you figure it out. ulated, the bondholders got 29 cents on All of this is, sadly, predictable and One more point about our Tax Code. it is common sense. Unfortunately, the dollar, the union got 40 cents on Over time, our Tax Code has become the dollar. common sense doesn’t seem, to most larded with special provisions and tax Americans, to prevail or to be all that expenditures that represent what has During the automobile bailouts common in Washington, DC, these come to be known as crony capitalism. President Obama let politics trump the days. But if we raise the taxes on these In other words, the Federal Govern- rule of law. What do I mean by that? I medical devices, it is only logical, it is ment just doesn’t spend money, the believe that rather than let the rule of only reasonable, it is only common Federal Government has a Tax Code law apply, he injected politics and fa- sense to expect that these companies that benefits certain industries and voritism in the process. In his energy will produce fewer jobs and, in the sectors of the economy. Some of them policy, which I alluded to a moment process, less innovation. we would largely agree on—such as the ago, he put politics before his fiduciary The irony of this discussion over mortgage interest deduction or the in- responsibility to the American tax- taxes is we now have a growing bipar- terest you pay on your home mortgage. payer. We agree that the Federal Gov- tisan consensus in Congress and in There is broad support for that, al- ernment has a role in funding, through Washington, DC, about the need for though everyone realizes we need to the research and development tax cred- commonsense tax reform that would get all of these on the table. That is it and other ways, basic scientific re- broaden the base, lower the rates, and what Simpson-Bowles recommended. search to promote innovation. But the help grow the economy by creating the Let’s get $1 trillion or more of these President and Congress should not be proper incentives. That was the recommendation of the special tax expenditures on the table using your tax dollars to make risky, President’s own bipartisan fiscal com- and look at the ones that still make politically motivated investments that mission, the Simpson-Bowles Commis- sense and the ones we should do away benefit specific companies or industries sion in December 2010—the President’s with. As long as the Tax Code is as at your expense. complicated as ours is, it is a drag on own bipartisan fiscal commission— Solyndra offers the most conspicuous the economy. It promotes a culture of where Republicans and Democrats example. This now bankrupt solar en- corruption, where people come to Con- agreed this is a good place to start in ergy firm received a $535 million loan gress and they lobby for special tax reforming our broken Tax Code, paying guarantee from the Federal Govern- down the debt, and getting our country provisions that are not available to the broad population that benefit them. It ment. According to the Washington and our economy growing again. It was Post, the Obama administration ‘‘re- also the recommendation of the seeks favoritism and rent-seeking, with companies and industries that try to mained steadfast in its support for Domenici-Rivlin panel, another bipar- Solyndra,’’ even after being ‘‘warned tisan panel. Both recommended a more gain competitive advantages through tax subsidies. that financial disaster might lie logical, more equitable, more growth- ahead.’’ Then, as Solyndra went bank- oriented Tax Code. If we want businesses to spend more rupt, the administration violated the Why, we may ask, is tax reform so time in productive activity and less urgent? Earlier this month the World time begging the government for tax law by making taxpayers subordinate Economic Forum released its new breaks, we need to fix the broken Tax to private lenders. ‘‘Global Competitiveness Report.’’ Code with a flatter, fairer, more trans- In other words, even though the tax- America is not alone in trying to cre- parent system which encourages work- payers gave a $535 million loan guar- ate jobs and grow our economy. We are ing and saving and investing—not lob- antee to this company that went bank- competing with other economies and bying here in Washington, DC, for spe- rupt, the ones who ended up taking it other countries around the world. As cial breaks. If we want our tax laws to in the neck were the taxpayers rather recently as 2008, the United States was be respected and understood, they need than the private lenders who should ranked the most competitive country to be clearer, simpler, and more equi- have been subordinated to the tax- on the planet. table. payers when it comes to getting paid. Given how much President Obama In the latest index, we fell to sev- If President Obama is as concerned as talks about fairness of the Tax Code, enth. We are heading in the wrong di- he claims about dicey investments you would think he would be all over rection when it comes to competing in with taxpayer money, he should repu- this. You might expect he would be an a global economy for the jobs so that diate these kinds of boondoggles and Americans can work and provide for eager champion for tax reform. In- let the market work to allocate cap- their families and put food on their ta- stead, the President wants to use the ital. Washington should not be picking bles and gain the dignity that goes Tax Code as an ATM machine to sub- economic winners and losers. along with working and providing for sidize particular industries and inter- your family. est groups while punishing others. We Speaking of winners and losers, the Harvard Business School also sur- need to get them all on the table, bring Department of Health and Human veyed 10,000 of its alumni to find out them all out into the light of day and Services granted a series of 1- and 3-

VerDate Mar 15 2010 04:31 Sep 21, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G20SE6.056 S20SEPT1 tjames on DSK7SPTVN1PROD with SENATE S6510 CONGRESSIONAL RECORD — SENATE September 20, 2012 year waivers from the annual limit re- SPORTMEN’S ACT OF 2012 MOTION During this time the Bourbonnais fa- quirements contained in the Presi- TO PROCEED—Continued cility applied for and received the De- dent’s 2010 health care law. These waiv- JOINT REFERRAL partment of Labor’s Voluntary Protec- ers fostered the impression that cer- Mr. DURBIN. Mr. President, I ask tion Program star certification, recog- tain companies, unions, and institu- unanimous consent that, as if in execu- nizing their extraordinary efforts to tions would be exempted and given tive session, the nomination of Keith improve workplace safety. Nucor made preferential treatment. Kelly, of Montana, to be Assistant Sec- a commitment not just to the bottom The health-care law thus highlighted retary of Labor for Veterans’ Employ- line but to its workers and to the com- an inconvenient truth about big gov- ment and Training, sent to the Senate munities where they lived. It has paid ernment: Any dramatic increase in fed- by the President, be referred jointly to off. Demand has returned, and the com- eral regulations and bureaucratic au- the HELP and Veterans’ Affairs Com- pany is now firing on all cylinders, em- thority will lead to a dramatic increase mittees. ploying roughly 300 workers. I have visited a lot of different pro- in rent-seeking and crony capitalism. The PRESIDING OFFICER. Without duction facilities. There was nothing objection, it is so ordered. Finally, a word about the 2010 Dodd- more jaw-dropping than to stand in Mr. DURBIN. I suggest the absence of Frank law. Democrats argue that that steel mill and watch these three a quorum. Dodd-Frank ended ‘‘too big to fail.’’ In poles go into a caldron of scrap metal, The PRESIDING OFFICER. The fact, it codified too big to fail, because burst and explode into flames, and then clerk will call the roll. certain companies will now formally be watch steel come trickling out of the The assistant legislative clerk pro- identified as ‘‘systemically impor- bottom into these forms to make rebar ceeded to call the roll. tant.’’ and angle iron. Mr. DURBIN. Mr. President, I ask Are we really supposed to believe Earlier this summer I also met with unanimous consent that the order for that ‘‘systemically important’’ compa- the CEO of Woodward, an aerospace the quorum call be rescinded. nies will be allowed to collapse? The and energy firm, about its possible ex- The PRESIDING OFFICER. Without more likely scenario is that these firms pansion of a facility in Loves Park, IL. objection, it is so ordered. will be viewed as too big to fail—both Woodward was considering two loca- by investors and by federal officials— STATE OF THE ECONOMY tions for expanding its airline turbine the way Fannie Mae and Freddie Mac Mr. DURBIN. Mr. President, 4 years product line. In the end, thank good- were. ago our economy was in a free fall. AIG ness for us, Woodward picked Illinois. As University of Pennsylvania law had been bailed out, and Lehman The company is investing more than professor David Skeel has written: Brothers plunged into bankruptcy. The $200 million in the facility, and it is es- depth of the recession we fell into is timated that it will add 600 new jobs The companies that are cordoned off as difficult to understate. systemically important distort the credit over the next 5 years. With the economy contracting at There is more to the story. While markets, as a result of the Fannie Mae ef- nearly 9 percent in the last few months fect. Because these institutions can raise growing demand led to the expansion capital more cheaply than financial institu- of 2008 and nearly 700,000 jobs lost every decision, it was the infrastructure and tions that do not enjoy implicit government month, it is not an exaggeration to call skilled workers that sealed the deal for protection, they have a competitive advan- the crisis we faced the worst since the Loves Park. Loves Park and the Rock- tage over smaller institutions. This may Great Depression. Demand dried up as ford area has been the home of aero- dampen innovation in the financial system our financial system collapsed, fami- space companies for decades. Yet they and lead to inefficient allocation of credit to lies struggled to pay the bills, and mil- made a concerted effort to grow and ex- nonfinancial businesses. lions lost their homes to foreclosure. pand the training opportunities to In short, regardless of what Demo- Our unemployment rate peaked at 10 meet modern workforce needs. Through crats may think, Dodd-Frank has actu- percent nationally and 11.4 percent in a public-private partnership, the com- ally strengthened the nexus between Illinois. munity has created an atmosphere that Washington and Wall Street. It has been a hard road back to stable attracts new business investments and The rise of crony capitalism under economic ground, but things have new jobs. President Obama has led many people turned around. Private sector busi- Illinois is about the last place—and to question America’s commitment to nesses are hiring again and have been southern Illinois certainly the last free markets and the rule of law. Like- for 30 straight months. Between July place—one would expect to find a wise, the President’s failure to revive 2011 and July 2012, the economy added world-leading firm in oilspill cleanups, our economy has led to widespread pes- an average of 153,000 jobs every but if one goes to Fairfield and Carmi, simism about America’s future. I firm- month—about 1.8 million jobs. Com- IL, that is what one will find. The ly believe we can turn things around pare that to the average monthly Elastec/American Marine Company and restore our global reputation, and losses of 544,000 between July 2008 and specializes in equipment to clean up I firmly reject the notion that our de- July 2009. environmental accidents, specifically cline is inevitable. There is no reason There is a lot of work still to be oilspills. In two former Wal-Mart build- we can’t rejuvenate the Great Amer- done. We all would like to see more ings in those towns, 140 employees have ican Jobs Machine and return to pros- jobs created, but it is clear our econ- developed new technologies that have perity. But it won’t happen until we omy is better off and we are better off expanded our ability to clean up oil- get much better leadership from the than we were 4 years ago. spills around the world. Just last year, White House. I saw many examples of our economic the company won a $1 million X PRIZE progress as I have traveled my State. for recovering more than 2,500 gallons I yield the floor. The Nucor steel plant in Bourbonnais, per minute—triple the industry’s pre- IL, makes rebar and angle iron that is vious best recovery rate in controlled f used in construction across the coun- conditions. This is in southern Illinois. try. What makes Nucor unique is that Testing oilspill cleanup in southern Il- RECESS during the recession when many other linois is hard to imagine. Elastec’s companies were shedding employees, The PRESIDING OFFICER. Under equipment was used for cleanups dur- Nucor made a commitment to keep all the previous order, the Senate stands ing both Exxon Valdez and the more re- of their full-time employees. It wasn’t in recess until 5 p.m. today. cent gulf spill. easy. When demand slowed, the com- This is American ingenuity at its Thereupon, the Senate, at 4:08 p.m., pany’s idle workers developed new best, but the business is driven by reg- recessed until 5:08 p.m. and reassem- products for customers or they were ulations governing the discharge of oil. bled when called to order by the Pre- actually, in many cases, sent out to Without these ‘‘job-killing’’ regula- siding Officer (Mr. FRANKEN). work in the community on service tions, the company, its jobs, and the The PRESIDING OFFICER. The Sen- projects as they waited for their com- technology it uses to clean up oilspills ator from Illinois. pany to get back into business. probably wouldn’t exist.

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