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, FEBRUARY 2, 2012 No. 17 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, minutes each, with the time equally di- called to order by the Honorable TOM PRESIDENT PRO TEMPORE, vided and controlled between the two UDALL, a Senator from the State of Washington, DC, February 2, 2012. leaders or their designees, with the ma- New Mexico. To the Senate: jority controlling the first half and the Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby Republicans controlling the final half. PRAYER Mr. REID. Mr. President, I suggest appoint the Honorable TOM UDALL, a Senator The PRESIDING OFFICER. Today’s from the State of New Mexico, to perform the absence of a quorum. opening prayer will be offered by Rev. the duties of the Chair. The ACTING PRESIDENT pro tem- Dr. Joseph Vought, senior pastor of DANIEL K. INOUYE, pore. The clerk will call the roll. The assistant legislative clerk pro- Community Lutheran Church in Ster- President pro tempore. Mr. UDALL of New Mexico thereupon ceeded to call the roll. ling, VA. Mr. DURBIN. Mr. President, I ask The guest Chaplain offered the fol- assumed the chair as Acting President pro tempore. unanimous consent that the order for lowing prayer: the quorum call be rescinded. Let us pray. f The ACTING PRESIDENT pro tem- God of grace and glory, in whom all RECOGNITION OF THE MAJORITY pore. Without objection, it is so or- righteousness, peace, and goodness are dered. found, You have created us in Your LEADER f image, given us a world of good gifts The ACTING PRESIDENT pro tem- and the blessing of this land we call pore. The majority leader is recog- AMERICAN BUSINESSES home. nized. Mr. DURBIN. Mr. President, over the Send Your spirit of wisdom, discern- f last several months, I put my staff on ment, and grace to these elected serv- a little mission. I asked them to iden- ants. Take away any fear or prejudice SCHEDULE tify manufacturing companies in my that may keep them from civil dis- Mr. REID. Mr. President, following home State of Illinois that have not course, good will, and mutual endeav- leader remarks, the Senate will be in a only weathered this recession but are or. Remind them of their calling to period of morning business until 11 doing well and are hiring. I wanted to serve, and inspire them to make deci- a.m. this morning. The majority will meet with these companies and find sions which promote the common good, control the first half and the Repub- out why the recession has treated them ensure justice and liberty for all, and licans the second half. Following morn- differently, particularly when it comes make this Nation a beacon of hope for ing business, the Senate will resume to manufacturing jobs. I have been the world. consideration of the STOCK Act. We pleasantly surprised at how many busi- In Your holy Name we pray. Amen. worked very hard until late in the nesses I have found to be in that condi- tion in my State. Not to understate our f evening last night to try to come up with an agreement to complete action unemployment rate or the impact of PLEDGE OF ALLEGIANCE on this bill. We will notify Senators the recession on many businesses, the fact is there are some that have not The Honorable TOM UDALL led the when those votes are scheduled. We hope that can be done. only weathered the storm but are doing Pledge of Allegiance, as follows: quite well, and they represent a variety I pledge allegiance to the Flag of the f of different goods that they manufac- United States of America, and to the Repub- RESERVATION OF LEADER TIME ture. lic for which it stands, one nation under God, The heartening and encouraging indivisible, with liberty and justice for all. The ACTING PRESIDENT pro tem- news is that we are hearing more often f pore. Under the previous order, the that companies have decided to re- leadership time is reserved. source their jobs back to the United APPOINTMENT OF ACTING f States. In his State of the Union Ad- PRESIDENT PRO TEMPORE dress, the President spoke of one such The PRESIDING OFFICER. The MORNING BUSINESS company, Master Lock, located in Mil- clerk will please read a communication The ACTING PRESIDENT pro tem- waukee, WI, which he noted has now to the Senate from the President pro pore. Under the previous order, there announced that they think America is tempore (Mr. INOUYE). will now be a period of morning busi- the best place to make products and do The assistant legislative clerk read ness until 11 a.m., with Senators per- business. That is a good trend we want the following letter: mitted to speak therein for up to 10 to encourage.

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

S283

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VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.000 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S284 CONGRESSIONAL RECORD — SENATE February 2, 2012 We know we have lost a goodly share most efficient and cost-productive We have a State with a lot of unem- of manufacturing jobs over the last plants in all of Chrysler Corporation, ployment, over 8 percent. In some parts several years. In the year 2000, more and it should be expanded. of the State, it is over 10 percent. You than 17 million Americans were em- In November, Caterpillar, the largest wonder how in the world with so many ployed in manufacturing. Ten years exporter in my State, the largest man- people out of work there would be later, the number had fallen to 11.5 ufacturer, announced a $600 million in- good-paying jobs unfilled. It turns out, million—from 17 million to 11.5 mil- vestment in its plants in Decatur and I found, as I traveled around the State, lion. More than 300 of those jobs were Peoria, IL, and they are going to bring those in manufacturing who want to lost in my home State of Illinois in back hundreds of jobs to our area. hire new employees run into three ob- that decade, from 2000 to 2010. American companies are beginning to stacles. But American manufacturing is realize that manufacturing products The first obstacle is that people ap- growing again. One of the real good right here in the United States can be plying for a job don’t have the skills news stories is Chrysler. I am sure the profitable again. That is good news for necessary to work in manufacturing Presiding Officer remembers the con- Illinois and good news for America. today. Those who have not seen it per- troversy when General Motors and Manufacturing was the backbone of the sonally may not know what manufac- Chrysler faced bankruptcy and the pos- American economy for decades. We turing looks like today. It is much dif- sibility of literally going out of busi- may never see it return to its heyday, ferent than the image of 30, 40 years ness. In my lifetime, other car manu- but we should take steps to strengthen ago. The plants themselves are much facturers have gone out of business. it. cleaner operations, and most of them The President decided—and rightly In the State of the Union Address, are computer driven. Unlike the old so—that we could not afford to lose President Obama laid out a number of days of steam and dirt in every direc- those jobs. So we engineered a loan key steps to boost manufacturing and tion, those aren’t the manufacturing with General Motors and Chrysler, pre- ensure that more products have these plants of today, in many instances, mised on their changing the way they three key words: ‘‘Made in America.’’ across America. The President’s proposal builds on did business. What they are looking for in appli- legislation that I introduced personally Many critics said that was the wrong cants for industrial maintenance, for in 2010 to reduce the tax benefits that thing to do, the capitalist purists who example, which is a major area of need companies can claim when they close were saying: No, no, these things hap- as baby boomers age out and retire—in- factories here in the United States. pen. Companies go away, and new com- dustrial maintenance requires that the Hard as it may be to believe, the Tax panies emerge; General Motors and applicant have more than a passing Code rewards and compensates those Chrysler should be allowed to go gently knowledge of mathematics and com- companies that decide to close down into the night. puters. If they don’t, frankly, they are manufacturing in the United States President Obama disagreed. Many of walking into an environment where and move it overseas. The Tax Code us disagreed. And he put a downpay- they cannot be of much help. currently allows companies moving op- ment on the future of the American In some areas—in Danville, for exam- erations overseas to the deduct their automobile industry which has paid off ple—a local manufacturer is teaming moving expenses and reduce their taxes handsomely. Just this last week, the up with the Danville Community Col- in the United States as a result. It is a major auto manufacturers—Ford, lege to take those who don’t possess direct subsidy to move a job overseas. Chrysler—announced recordbreaking the right math and computer skills and It is just common sense that taxpayers profits. They have restructured. They train them at the expense of the com- should not be helping companies cover are selling a better product, they are pany so they can go to work. The same the cost of outsourcing jobs. doing it in a better way, and they are The President is also taking impor- is true in my State over and over now competitive. The American people tant steps to encourage insourcing— again. The community college links up are buying their products. General Mo- when companies close operations over- with the manufacturing concern and tors has come back strong. seas and move jobs back to the United starts training employees so they will Just by way of comparison, I re- States. Specifically, the President is be ready to fill the jobs, at the expense cently read that if you look at the calling for a 20-percent income tax of the company. total number of employees in certain credit for the expenses of moving oper- The second obstacle is a psycho- companies, it gives you an idea of why ations back into the United States to logical one which I hadn’t thought some have more value overall to the help companies bring jobs home. about. It turns out that many parents, economy than others. We all know He also proposed a new credit for in- when the son says they are hiring at Facebook. We hear about it all the vestments that help finance projects in such-and-such a business, will say: time. When somebody asks to take my communities that have suffered a Wait a minute. I didn’t want you to picture, I laughingly say: Do you prom- major job loss event, and every one of grow up working in a factory like your ise you will put it on Facebook? And our States has one. It might be the dad. I wanted you to have a job where they laugh out loud because that is ex- steel mill in Hennepin, IL, the tool you wear a coat and tie. Didn’t you go actly what they are going to do, in- manufacturers in Sterling-Rock Falls, to community college? You ought to do stantaneously. Facebook has about the appliance factory in Galesburg, or better than that. It turns out there is 3,000 employees in America. We all the farm equipment factory in Canton, a prejudice against working in fac- know Google. We use it every day—I IL. Too many communities have suf- tories, even though, as I said, they are do—to find information and to access fered dramatic layoffs when plants much different and the compensation is different sites. Google has about 30,000 have shut down over the last several much better than some other alter- employees in the United States. How decades. We have all seen the stories. natives. They are having open houses many employees are there in General We have all met the people who have at many factories in Illinois so families Motors’ direct employment? A hundred seen their lives changed dramatically and high school counselors can see thousand. because of those decisions. Without what they look like and see that they When the President said that we need new investment, many of these com- are not the image they might have in to invest in the automobile industry, it munities will continue to struggle. their mind. was a decision based on the need for The tide is starting to turn for Amer- The third obstacle is one that is very good-paying jobs right here in Amer- ican manufacturing, but we can do practical. Before an employer would ica. Well, I can tell you, when it comes more to make growth in that sector put an employee in charge of a multi- to Chrysler, it was an investment that stronger and faster. We may never re- million-dollar, computer-driven manu- paid off for my home State of Illinois. turn to the forties and fifties, but there facturing process, they would want to This week, Chrysler is announcing that are some things we can do. One of the make sure the employee is not only it will be adding 1,600 manufacturing things I found interesting as I visited skilled but sober. That means drug jobs at its plant in Belvidere, IL. I was these plants that were trying to hire tests. Many of these would-be appli- encouraged when I met with the CEO of people in manufacturing was the obsta- cants for manufacturing jobs fail drug Chrysler and he said it is one of the cles they were running into. tests time and again. Why? They have

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.002 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S285 grown up in a generation that says litical field we play on in political day as we vote, there is the potential marijuana doesn’t count, and they are campaigns. for some special interest group out wrong. Or they are engaged in other The Citizens United decision was a there deciding that is the breaking drugs. They just cannot expect to be step in the wrong direction. It wasn’t point; that from that point forward taken seriously as a job applicant if that long ago when two of our own—a they will do everything in their power they cannot pass a drug test. They will Republican, JOHN MCCAIN, and a Demo- to defeat us, and they can spend as not get through the front door. crat, Russ Feingold of Wisconsin— much as they want to get the job done. Those three things—basic skill and teamed up to end soft money in politics It is a humbling, sobering reality from training, attitudes of families toward and to try to bring down the infusion of the Citizens United decision. jobs in manufacturing, and the drug money from outside interests. They Well, there is an alternative. One is a tests—have turned out to be the three took years to reach their goal. Finally, resolution that has been offered by the obstacles that have been raised time when they did, after being challenged Presiding Officer, which I am cospon- and again all across Illinois. But we in court, they were picked away at soring. That is a constitutional amend- can overcome each one of them, and we over the years, and now with Citizens ment that would reverse Citizens should. We can fill these jobs, good United, they have been toppled com- United. We all know how uphill that American jobs, with skilled set people pletely. Now the field is wide open. struggle will be, but at least we have who can produce for this country for Whether we are talking about the staked out a position to say we have to many years to come. need to reduce the deficit, reform the overturn this decision; we have to go f Tax Code, create jobs, most everybody back to the days of accountability and knows different parties have different CITIZENS UNITED manageability when it comes to fi- ideas. What many people don’t know is nancing campaigns. I applaud the Pre- Mr. DURBIN. Mr. President, this that there are special interest groups siding Officer, the Senator from New year’s political campaigns are different that have their own agenda and ideas Mexico, for his leadership on that than just 2 years ago. There is a dra- on these and so many other issues. It is issue. matic infusion of money from so-called just hard for Presidential candidates There is another issue too, one that I super PACs. Now we are starting to and Members of Congress to navigate think we should continue to bring up learn the identity of those who were through or around the special interests and discuss. It is called Fair Elections behind it. Just yesterday there were that have now become such an integral Now. The Fair Elections Now Act is a disclosures about some of the contribu- part of campaigns. The major donors in bill that I have introduced in many tors. Many of the names are familiar— the Citizen United decision are a major Congresses. It would dramatically the same very wealthy people who force in American politics. change the way congressional cam- have, time and again, been engaged in I believe the overwhelming majority paigns are funded. It would make super our political process. The new ap- of people serving in the House and Sen- PACs irrelevant. The bill would allow proach, of course, is that there is no ate in both parties are honest and candidates to focus on the needs of the limitation in what they can spend. In hard-working people. I believe they are people they represent regardless of addition, there is little disclosure on a guided by good intentions. We are whether those people are wealthy or timely basis. nonetheless stuck in a terrible, cor- whether they donate to a super PAC, There are a lot of reasons for that. rupting campaign financing system. attend a fundraiser, or try to find spe- One of them is the Supreme Court deci- That decision by the Supreme Court 2 cial access to a candidate. sion in Citizens United. It may be as years ago made our system so much flawed a decision as that Court has worse that I think the only thing that Candidates in the fair election sys- ever made: to equate corporations and can save it—literally save it so our de- tem would not need a penny from spe- special interest groups with average mocracy is protected—is a dramatic cial interest lobbyists or corporations Americans when it comes to our polit- change. to run their campaigns. Under this sys- ical process and say speech is money, After Citizens United, corporations tem, qualified candidates for Con- money is speech, and say, basically, and unions can spend as much money gress—and to qualify, they would need there are no rules or limits in terms of as they want to influence the Presi- to raise small contributions in volume what a special interest group or a cor- dential race, as well as congressional in the State they are running in—those poration can spend in our political elections, and the Federal and State qualified candidates would receive process. and local elections as well. In 2010, for grants, matching funds, and television I cannot think of a more corrupting the first time ever, spending on House broadcasting vouchers from the fair influence. We know politics and cam- and Senate races exceeded $1.6 billion. elections fund to help them run com- paigns have become more expensive in Outside groups spent 335 percent more petitive campaigns. In return, can- this country every year. Those of us on congressional campaigns than just 4 didates who voluntarily participate in who are engaged in this business have, years earlier. Those numbers are still the fair election system would agree to over our political lifetimes, seen a dra- like a drop in the bucket compared to only accept campaign donations from matic evolution in terms of how money this year, this election cycle. The super small-dollar donors in their States. is raised and spent. I can recall, in my PAC money is being used, as we have We pay for the fund by asking busi- first race in 1982 for the U.S. House of seen in the Republican Presidential nesses that earn more than $10 million Representatives, raising and spending primary, to fund negative, deceptive a year in Federal contracts to pay a fee what was then almost a record amount ads in support of candidates who are of one-half of 1 percent, with a max- in a House race against an incumbent loosely, albeit not officially or for- imum amount of $500,000 per year. That Congressman of $800,000. It was a huge mally, connected to those running would fund it, and it would make cer- amount of money then, as I said, one of super PACs. tain that under the fair election sys- the most expensive congressional races I think of the situation with former tem we would have public financing to date. I waited anxiously for a $25,000 Speaker of the House Gingrich. One and we would put it into this money check from the Democratic National man and his wife have literally fi- chase that I believe is not only cor- Campaign Committee they had prom- nanced Gingrich’s campaign in two rupting our campaign system but could ised, but it never showed up. But $25,000 States, with $5 million contributions in someday corrupt the very government was a big deal. each of those States, as I understand we are proud of and represent as elect- Look where we are today. It is not it. That, to me, is a corruption of the ed officials. unusual for candidates for Congress process. You can bet that big business It is time to reform our system. I am and the Senate to spend millions of isn’t going to be shy about engaging in afraid, as I said in one gathering re- dollars routinely in electing and re- the Citizens United strategy of spend- cently, if you are a student of history, electing Members of the House of Rep- ing money to influence the outcome of it takes a massive scandal or crisis to resentatives. On our side of the Ro- elections, and you can bet it will im- create a massive reform. I hope that tunda just dramatically increase those pact those of us who serve in the Sen- doesn’t happen. I hope we have the numbers, and you will see the basic po- ate and House. We know every single good sense to move toward reform

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.003 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S286 CONGRESSIONAL RECORD — SENATE February 2, 2012 without that happening. In the mean- tionary War. He never went home; he This President’s Executive excesses time, what is happening to our polit- was always in the war. Even when he were first illustrated by the creation of ical system is not in the best interest was President of the United States for more czars than the Romanovs had. of democracy. 8 years, he was only at Mount Vernon We have always had some so-called If the average person who is not 10 times during those 8 years; and after czars in the White House—the drug wealthy cannot even consider the pos- the Presidency, of course, he soon died. czar, for example. But now we have ap- sibility of being a candidate for Con- So he gave up quite a bit to be Presi- proximately three dozen of them. gress without the backing of huge spe- dent of the United States. These czars duplicate and dilute the re- cial interest groups or without their There were other things that im- sponsibilities of Cabinet members; they own personal wealth, then we have lost pressed me about our visit to Mount make it harder for the Congress, us, to something. A lot of us who got engaged Vernon. One was the reminder that our have a supervisory role over exactly in public life many years ago might Revolution was a revolution against a what they are doing. It is not only never have considered it under today’s King. George Washington, as com- antidemocratic, it is a poor way to rules because it is so expensive and mander in chief of the Continental manage the government. overwhelming. Any person who now Army, led a fight for independence Equally disturbing to me has been steps up and says they are ready to run from a King whom the signers of the this administration’s use of regulation for Congress or the Senate is intro- Declaration of Independence stated, and litigation to bypass the Congress duced quickly to what is known as the had a ‘‘History of repeated injuries and and the will of the people when the ‘‘Power Hour’’—dialing for dollars. We usurpations, all having in direct object Congress has a different point of view. sit them down in a chair and they get the establishment of an absolute Tyr- For example, this was the case with on the phone and call this list and beg anny over these States.’’ the National Labor Relations Board every person they can reach for at Those were our Revolutionary and their decision in the Boeing case; least $2,300, $2,500. And they keep call- Founders talking. As President of the which has now been apparently re- ing until the Sun goes down, and they Philadelphia Convention, George Wash- solved but which was an enormous—an start again the next day. ington presided over the writing of the enormous abuse of power, in my opin- There was a time when many of these U.S. Constitution which emphasizes, if ion. candidates would not be sitting talking it emphasizes any one word, the idea of Then the President is taking to to the wealthiest givers in America but ‘‘liberty’’ in creating the system of blaming almost everyone for the prob- would be out in their States and dis- government we enjoy today. lems we see in our lives today: First, it tricts talking to the people whose Then there was another aspect to was President Bush, then it was the needs they ought to appreciate. That George Washington of which we were banks, then it was business, then it was time has changed. We can change it reminded which would be good for us to the insurance companies, then it was back. We need to have the support of think about today and that was his Wall Street, then it was 1 percent of us, the American public and the political modesty and restraint. and now it is the Congress, which of course is in a government that is pri- will in both political parties to achieve George Washington must have had marily run by the President’s own po- it. remarkable presence. He never had to litical party. I yield the floor and suggest the ab- say very much, apparently, to com- The President has taken to saying in sence of a quorum. mand the attention and respect of his his campaign speeches and his State of The ACTING PRESIDENT pro tem- countrymen. He likely could have been the Union Address the other day, ‘‘If pore. The clerk will call the roll. general of the Army as long as he Congress won’t act, I will,’’ and he has The assistant legislative clerk pro- wished and President of the United begun to show that is no idle threat. ceeded to call the roll. States as long as he wished, but he Because now, on top of these other Mr. ALEXANDER. Mr. President, I chose not to do that. ask unanimous consent that the order abuses, with his recent appointments It was he who first asked to be called for the quorum call be rescinded. to the National Labor Relations Board simply Mr. President, rather than some The ACTING PRESIDENT pro tem- and the Director of the Consumer Fi- grand title. It was Washington who pore. Without objection, it is so or- nancial Protection Bureau to head a gave up his commission when the war dered. new and unaccountable agency, the Mr. ALEXANDER. I ask the Presi- was over, and it was Washington who president has undermined the checks dent to notify me when I have used 10 stepped down after two terms and went and balances that were placed in our minutes. home to Mount Vernon. In fact, that Constitution and that George Wash- The ACTING PRESIDENT pro tem- aspect of his character was imprinted ington so respected. pore. The Chair will do so. upon the American character, that This Senate has always been the modesty and restraint on the part of f place—whether it was a Democratic the executive branch and a recognition Senate arguing about the appropriate- RECESS APPOINTMENTS that our system depends absolutely on ness of President Bush using war pow- Mr. ALEXANDER. Mr. President, checks and balances. ers, this Senate has always been the last week we Republican Senators had I am struck by that attitude and the place that has insisted upon checks and an extraordinary experience that mil- different attitude I see in the adminis- balances and the liberty of the people lions of Americans have had and will tration of President Obama, which has as guaranteed by those checks and bal- have in the future: We spent a day at shown disregard for those checks and ances. Mount Vernon, George Washington’s balances and the limits on Presidential The President’s recent actions have home, which is not more than about 40 power that our Founders and George shown disregard for possibly the best minutes from the Nation’s Capital. Washington felt were so important. known and possibly most important Even in the middle of winter, it is a This administration, over 3 years, role of the Senate and that is its power beautiful, historic setting. It is hard to has been arrogating more power to the of advice and consent of executive and imagine why George Washington and executive branch of government and judicial nominations as outlined in Ar- Martha Washington would ever want to upsetting the delicate balance, which ticle II, Section 2 of the Constitution. leave the place. the Founders created for the purpose These actions, four appointments Touring the rooms, we could imagine of—what? For the purpose of guaran- during a period of time when the Sen- what life must have been like then. teeing to each of us as individuals the ate, in my opinion, was in session, fly There are many things that impress maximum amount of liberty. in the face of the principle of separa- any of us when we visit there. I remember Senator Byrd saying tion of powers and the concepts of One thing that especially impressed time and time again that the purpose checks and balances against an impe- me was the fact that, despite the beau- of the Senate, more than anything else, rial President. ty of the place and Washington’s love was a restraint upon the tyranny of the Let’s look for a moment at the his- for farming, he was gone from Mount executive branch of government. That tory and precedents of recess appoint- Vernon for 81⁄2 years during the Revolu- is our purpose as a Senate. ments. The exact length required for a

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.004 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S287 recess is not defined in the Constitu- tion 5 of the Constitution, which states was destined to fail. The vote in the tion, but according to the Congres- that ‘‘neither House, during the Ses- House of Representatives yesterday to sional Research Service ‘‘it appears sion of Congress, shall, without the repeal this insolvent program I hope that no President, at least in the mod- Consent of the other, adjourn for more will pave the way for the Senate to fol- ern era, has made an intra-session re- than three days, nor to any other Place low suit. My fear has been all along cess appointment during a recess of than that in which the two Houses that if we do not get this program off less than 10 days.’’ shall be sitting.’’ the books, at some point there will be Both parties have relied upon the ad- Last December when the House and an attempt to resurrect it. That would journment clause in Article I of the Senate agreed to adjourn, the Speak- be the absolute worst outcome and Constitution to argue that the absolute er—a Republican—and the majority worst scenario for the American tax- minimum recess period would conceiv- leader here—a Democrat—agreed the payer because this is a program that, ably be 3 days. two Chambers would hold pro forma even before it was voted on and added We can also look at the number of re- sessions for the express purpose of not to the health care bill, was predicted cess appointments made by recent going into recess. Yet the President would fail. Presidents. As of January 23 of this went ahead and made his appoint- The Congressional Budget Office said year, President Obama had made 32 re- ments. This is a dangerous trend. It is it would run deficits in the outyears. cess appointments, all to full-time po- a dangerous trend. The Actuary at the Health and Human sitions. At the same point in time in The major issue before our country is Services Department predicted that his first term, President Clinton had the Obama economy. That is what we this was a program that actuarially made nine recess appointments to full- will be talking about more than any- was unsound, could not be viable in the time positions. President Bush, at thing else in an election year. But lib- long run. It was here in the last few about the same time, had made 35. erty is the defining aspect of our Amer- months that finally the Secretary of So they all made recess appoint- ican character. If the President’s cur- Health and Human Services, Kathleen ments—appointments while the Senate rent actions were to stand as a prece- Sebelius, came out and said, ‘‘I do not was in recess. That is provided for spe- dent, the Senate may very well find see a viable path forward for CLASS cifically in the Constitution as some- that when it takes a break for lunch, implementation.’’ thing the President could do. But when it comes back, the country has a That was a statement she made back President Clinton never did it when new Supreme Court Justice. in the middle of October. So even the Congress was in session for less than 10 Because we believe in the importance person who was tasked with imple- days. President Bush never did it when of that constitutional system, all of us menting this program has now said Congress was in recess for shorter than on the Republican side insist on a full there is no viable path forward for 11 days. Now, unfortunately, President and complete debate on this issue. We CLASS. Obama has broken that precedent and intend to take this issue to the Amer- We ought to get this off the books. It made 4 appointments when we were in ican people. We will file amicus curiae was, in fact, a pay-for in the health a period of less than 3 days. briefs in all of the appropriate courts care bill. It was designed to help under- Why is that important? In 2007, the and we will take this issue to the most state the cost of the health care bill. It current majority leader of the Senate, important court in the land and that is front-end-loaded premiums, got rev- HARRY REID, decided the Senate did not the court of the American people on enue in the door early, knowing full want President Bush making recess ap- election day. well that when the demands for pay- pointments; that is, making appoint- I do not suggest that the President ments came later on that it was going ments while the Senate wasn’t in ses- will find, or even should find, his rela- to be upside down, and it was clearly a sion. So the Senate refused at that tionship with Congress to be easy or program that I think, by any account, time to enter into prolonged recesses. simple. George Washington did not. all who observed this process closely They invented the idea of pro forma re- President Washington once came up knew just flat out this would not work. cesses every 3 days. President Bush here to discuss a treaty with Senators But what was done—it obscured the strenuously objected to that, but he re- and became so angry that he said, and cost of the health care bill and helped spected that. He respected the con- this is Washington’s word, he’d be it to sort of balance out because it was stitutional authority of the Senate ‘‘damned’’ if he ever went there again. front-end loaded, saw revenues come in under article I, section 5 to determine The separation of powers does not in the early years before payments when the Senate is in session. mean an easy distribution of powers would have to go out in the outyears. On November 16, 2007, Senator REID but it is essential to the American I am hopeful the Senate will take the said: ‘‘With the Thanksgiving break character. We should remember that. A action that was taken by the House of looming, the administration has in- short trip to Mount Vernon would re- Representatives and end this once and formed me that they would make sev- mind us of that. The President’s recess for all. We have people on both sides of eral recess appointments.’’ appointments not only show disregard the aisle who have come to that con- Senator REID didn’t like the idea of for the Constitution, they show dis- clusion. There was a lot of debate, even recess appointments any more than we regard for every individual American in the runup, the lead-up to the health do. So he said: ‘‘As a result, I am keep- who chooses liberty over tyranny, care bill, about how this would not ing the Senate in pro forma to prevent President over King. work. I offered an amendment during recess appointments until we get back I yield the floor. the health care debate to strip it. We on track.’’ f had 10 Democrats at the time who The ACTING PRESIDENT pro tem- voted with me on that amendment. pore. The Senator has consumed 10 REPEAL THE CLASS ACT Many of them made statements regard- minutes. Mr. THUNE. Mr. President, I come to ing this legislation and the implica- Mr. ALEXANDER. I thank the Chair the floor today to laud the actions of tions if it were to pass. In fact, the and ask to be notified when I have con- the House of Representatives which Senator from North Dakota, the chair- sumed 3 minutes more. voted to repeal the CLASS long-term man of the Senate Budget Committee, On November 16, 2007, Senator REID care entitlement program that was cre- said at the time that this is ‘‘a Ponzi said: ated by the health care law. The vote scheme of the first order, the kind of As a result, I am keeping the Senate in pro yesterday in the House of Representa- thing that Bernie Madoff would have forma to prevent recess appointments until tives was 267 in favor of repeal. It was been proud of.’’ we get this process back on track.’’ a bipartisan vote. It was a clear, I He vowed to block its inclusion in And on July, 28, 2008 he said: ‘‘We think, message that this is a piece of the Senate bill. It ended up in the Sen- don’t need a vote to recess. We will just legislation that needs to be taken off ate bill and ended up in the overall bill, be in pro forma session. We will tell the the books. so to this day it is still a part of the House to do the same thing.’’ It was a disaster in the making from health care legislation but a part that The President is restricted, as Sen- the very beginning. Many of us tried to needs to be stripped out if we are going ator REID indicated, by article I sec- predict that ultimately this program to do what is in the best interests of

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.012 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S288 CONGRESSIONAL RECORD — SENATE February 2, 2012 the American taxpayer and not put yet It seems to me at least that the that there is broad bipartisan support another unfunded liability on the American taxpayers, the American for legislation that provides greater backs of our children and grand- people deserve to know where their transparency in Congress. The more children. elected officials stand on the CLASS important question at this point is We have a lot of bipartisan support Act. Are they for keeping this whether the executive branch is willing for repealing it. There are a lot of peo- unviable, insolvent, actuarially un- to play by the same rules. I mean, I ple who have weighed in against this, sound provision in the health care bill, think a lot of people out there want to who know it will not work. We have an which now even those who are tasked know why a venture capitalist who awful lot of outside interests as well with implementing it—the Health and raised hundreds of thousands of dollars who have observed, now, that this is Human Services Secretary, Kathleen for the President, only to end up over- not something that is sustainable over Sebelius—have said there is no viable seeing the administration’s green en- time. In fact, a lot of editorial pages path forward for its implementation? ergy loan program, should not be held around the country, newspapers have Are we going to continue to keep this to the same high standard as others. weighed in on this. The Washington around? Or are we going to have a vote Shouldn’t the President’s Chief of Staff Post: here in the Senate to put an end to this be held to the same standard as a legis- . . . a new gimmick that has been designed once and for all? lative director to a freshman Senator? to pretend the health reform is fully paid for. I hope the majority leader, Senator Let’s be honest, people are equally, if REID, will allow us to get this up for a That is something they said back not more, concerned about the kind of vote. It has been passed in the House of cronyism they keep reading about over when this was being debated. Representatives. It is very clear based The Wall Street Journal: at the White House and within the ex- on not only all the actuarial evidence ecutive branch agencies such as the De- Known by the acronym CLASS, the long- but all those who have looked at it who partment of Energy that it controls. term care insurance program for nursing are tasked with trying to put it into homes and the like was grafted onto the There is no question that Congress health-care bill mostly to hide that bill’s practice that it is not going to work. I should be held to a high standard, but true costs. hope before this goes any further we if we are going to pass new standards will get a vote here in the Senate that It has been described as ‘‘a budgetary here, the same standards should apply will echo what happened in the House time bomb.’’ to the White House and to the execu- of Representatives and that we will do It seems to make perfect sense to me, tive agencies that spend hundreds of the right thing by the American tax- and I hope to many of my colleagues, billions of dollars of taxpayer money at payer and get rid of a program that, if that we take the steps necessary to get the President’s direction. it ever is resurrected, if it ever is re- this program off the books once and for That leads to a larger point, which is incarnated in some form, would be a this: As long as the White House and all. In trying to justify this, there are terrible drain on American taxpayers, people who say we ought to keep it on the agencies it controls continue to not only today but well into the future, play favorites, this economy will never the books in case we figure out a way and represent yet another unfunded li- to go forward with it, to implement it. fully recover and the playing field ability that we will put on the backs of won’t ever be level. As long as Wash- It does not work. It cannot work. That our children and grandchildren. It is ington has this much say over the di- has been known from the very outset. time to end the CLASS Act once and rection of the economy, people won’t I want to mention something else the for all. Actuary, Rick Foster, said prior to it I am going to continue to press for a ever feel they are getting a fair shake. being voted on. He said: vote on this and I hope Majority Lead- So, yes, let’s hold Congress to a high standard, but the White House must be Thirty-six years of actuarial experience er REID will allow us to get a vote on lead me to believe that this program would repeal of the CLASS Act so the Amer- held to the very same standard. collapse in short order and require signifi- ican people do know exactly where Mr. President, I suggest the absence cant federal subsidies to continue. their elected officials stand and wheth- of a quorum. The ACTING PRESIDENT pro tem- I want to repeat that. This is from er they are going to stand on the side the person who studies the trends and of the taxpayer, stand on the side of pore. The clerk will call the roll. The legislative clerk proceeded to makes sure, or tries to make sure, common sense, or stand on the side of these programs are actuarially sound. call the roll. using this budgetary gimmick to un- Mr. GRAHAM. Mr. President, I ask Thirty-six years of actuarial experience derstate the cost of the health care bill unanimous consent that the order for lead me to believe that this program would and perhaps at some point in the future collapse in short order and require signifi- the quorum call be rescinded. put a plan in place that literally is not The PRESIDING OFFICER (Mr. cant federal subsidies to continue. going to work, is only going to con- BROWN of Ohio). Without objection, it That was the warning that was issued tinue to lead us on the pathway to is so ordered. way before the vote ever occurred on bankruptcy. Mr. GRAHAM. I ask unanimous con- the CLASS Act. I yield the floor. Mr. President, I suggest the absence sent to speak in morning business. He described it as ‘‘ . . . a classic ‘as- The PRESIDING OFFICER. Without sessment spiral’ or ‘insurance death of a quorum. The ACTING PRESIDENT pro tem- objection, it is so ordered. spiral.’ ’’ Those are words he used to de- Mr. GRAHAM. Please let me know scribe this. pore. The clerk will call the roll. The legislative clerk proceeded to when 5 minutes elapses. I will try to The program is intended to be ‘‘actuari- keep my comments short. ally’’ sound but at first glance this goal may call the roll. be impossible. Mr. MCCONNELL. Mr. President, I f These were all statements made by ask unanimous consent that the order CLASS ACT REPEAL for the quorum call be rescinded. the Actuary. The ACTING PRESIDENT pro tem- Mr. GRAHAM. Mr. President, the Those of us who were here at the pore. Without objection, it is so or- topic I wish to address is the CLASS time and were concerned about this dered. Act repeal being taken up by the being included in the health care bill House. I understand the HHS Secretary came to the floor and, as I said, I of- f has indicated that from her point of fered an amendment to strip it. It came RECOGNITION OF THE MINORITY view the CLASS Act will not work, and close to getting the necessary votes LEADER this is music to my ears. but unfortunately came short. It had The ACTING PRESIDENT pro tem- During the Obama health care de- broad bipartisan support but we recog- pore. The Republican leader is recog- bate, one of the revenue raisers was the nized at the time this thing was des- nized. CLASS Act wherein the Federal Gov- tined to fail. Now we have all this, the ernment would be in the long-term f studies that have been done since, that health care insurance business and, validate that by the objective third- THE STOCK ACT supposedly, would collect premiums party validators, if you will, by the Mr. MCCONNELL. Mr. President, I over a decade that would allow some- HHS Actuary. think it is pretty clear at this point thing like $80 billion in revenue that

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.014 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S289 would help pay for Obama health care. and do something about it with our delay, to work with our colleagues in However, eventually we would have to House colleagues. the House, and to reauthorize this honor the payments due to the people With that, I yield the floor and sug- most important bill. on the program. gest the absence of a quorum. Paul from Yorklyn, DE, wrote to say Senator CONRAD from North Dakota The PRESIDING OFFICER. The that as a father of two young daugh- called the CLASS Act a Ponzi scheme clerk will call the roll. ters, he worries that if the Violence of the first order because what we The assistant legislative clerk pro- Against Women Act is not reauthor- would be doing under the program is ceeded to call the roll. ized, then victims of sexual assault will collecting premiums for an insurance Mr. LIEBERMAN. Mr. President, I once again be subject to two traumas— product and using the money to help ask unanimous consent that the order first, horrific attacks and, second, try- pay for Obama health care. So when for the quorum call be rescinded. ing to pursue justice against their people are ready to get the services The PRESIDING OFFICER. Without attackers. they have paid for, there would be no objection, it is so ordered. Linda from New Castle, DE, had the money in the program to pay them be- Mr. LIEBERMAN. Mr. President, I courage to write me personally and cause it was used to offset Obama note the presence on the floor of the say: health care costs. It is just not a prac- distinguished Senator from Delaware, First of all, I am a victim and I am not tical idea. The costs would explode to whom I am pleased to yield. ashamed to say that [today]. over time. There would be adverse se- The PRESIDING OFFICER. The Sen- Linda’s willingness to lift the cloud lection. So it was an ill-conceived idea. ator from Delaware. of fear and shame that for so long en- The House is going to repeal it. The Mr. COONS. Mr. President, I thank veloped victims of domestic and dating HHS Secretary said they would not im- Senator LIEBERMAN. violence is brave and important in that plement the program. I hope the Sen- I ask unanimous consent to speak in she was able and willing to do that, but ate will allow repeal so we can take it morning business. she also highlights the ongoing chal- off the table and it is a reason for the The PRESIDING OFFICER. Without lenges we face. She described her hesi- Congress to revisit the Affordable objection, it is so ordered. tation to discuss abuse out loud and Health Care Act, Obama health care, f stressed the importance of talking because one of the components of the REAUTHORIZATION OF THE about these crimes in the open in order legislation relied upon the revenue to VIOLENCE AGAINST WOMEN ACT to break what she called the genera- be collected by the CLASS Act to off- tional curse. set the cost of Obama health care, try- Mr. COONS. Mr. President, I rise to ing to make it deficit neutral. That is speak on behalf of tens of thousands of As a son, as a husband, as a father, I no longer a viable option. The money Delawareans affected by domestic vio- too am deeply concerned about this to be collected by the CLASS Act is lence each year, as well as their fami- curse that has moved from generation never going to happen. So that money lies, their friends, and their allies to generation and has affected families cannot be used to make the legislation across our State and our country. all throughout this country’s history. deficit neutral. Just a few minutes ago, my col- Evils such as domestic violence This is a chance for the Senate, leagues on the Senate Judiciary Com- thrive in darkness. The Violence working with the House, to repeal the mittee took up the reauthorization of Against Women Act is a spotlight, and program. I think it would be wise for the Violence Against Women Act. It it deserves to be strengthened and sus- us all to sit down and try to reevaluate has earned strong bipartisan support tained by this Senate today and this what does this mean in terms of the vi- through the nearly two decades since year. ability of the Affordable Health Care its original passage, and it was voted The Violence Against Women Act re- Act because the assumptions made by out earlier today. quires reauthorization every 5 years. the CLASS Act are never going to Law enforcement agencies across this This signifies a belief that protecting come true. country are counting on us to move victims of domestic and dating vio- I have been working with Senator forward with the Violence Against lence is so important that we must re- THUNE for a very long time to keep this Women Act reauthorization, depending visit it to make sure we are getting it program from coming about. I would on the training and the resources to right. like to say this is a bipartisan moment, advocate for victims and to provide Each time we go through the process where we have stopped a program that critical and lifesaving interventions of reauthorizing this bill, we learn would have a devastating effect long that it funds. more about what is needed. This time term on the country’s finances and As I asked for input from Dela- around, that process, I believe, has re- would do very little to improve health wareans in the last few weeks, one of sulted in several critical enhance- care. the hundreds who took the time to ments; first, by bolstering the tools I wish to, one, congratulate the HHS write or call my office in strong sup- available to law enforcement. Along Secretary for understanding this pro- port of the reauthorization of VAWA with my friend and colleague Senator gram is unsound. I would like to make was a former New Castle County police BLUNT, I cochair the Senate Law En- sure it is repealed, and I think Con- officer. He e-mailed me to tell me he forcement Caucus. I am determined to gress should be the body to do that. had seen firsthand that dedicated re- ensure local agencies have the tools But this is good news for the taxpayer. sources and innovative policing meth- they need to support victims and to It is good news for the country as a ods made possible by VAWA made a prosecute abusers. This reauthoriza- whole that we are not going to allow a real difference in combating these tion will do just that. program to be created that is types of crimes and improving the lives Second, our review made clear that unsustainable, that is going to add to of victims. perpetrators find their victims the debt and do very little to take care The Violence Against Women Act has throughout our society without regard of our health care needs. It was a Ponzi been extraordinarily effective, with the for sexual orientation or gender iden- scheme. It is a Ponzi scheme that needs annual incidence of domestic violence tity. So the reauthorization that was to be buried politically, as soon as pos- falling by more than 50 percent since it passed out of the Judiciary Committee sible. was first passed. Yet we still have so just earlier today addresses that chal- I look forward to taking up the far to go. lenge by making this the very first House-passed legislation. I hope we can Just this week, I heard from hun- Federal grant program to explicitly get bipartisan support in the Senate to dreds of constituents in Delaware for state that grant recipients cannot dis- make sure what HHS Secretary whom this legislation has a deep and criminate on the basis of a victim’s Sebelius said never happens, that the resounding importance. From young status. Whether they are or are not a CLASS Act never becomes reality be- women in their twenties to senior citi- member of the LGBT community cause it is an unsound, unwise, poorly zens, Delawareans from all walks of life should be irrelevant to whether they constructed program, and this is a have reached out to ask us, as Members are able to access the vital services chance for the Senate to come together of the Senate, to take action without funded by the VAWA.

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.008 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S290 CONGRESSIONAL RECORD — SENATE February 2, 2012 Finally, this reauthorization recog- Mr. REID. Mr. President, I ask unan- Act, each agency or department of the Exec- nizes our current difficult fiscal situa- imous consent that the order for the utive branch and each independent agency tion as a country and promotes ac- quorum call be rescinded. shall comply with the provisions of section 8, except that the provisions of section 8 shall countability to make sure these dollars The PRESIDING OFFICER. Without not apply to a member of a uniformed serv- are well spent. It reduces authorization objection, it is so ordered. ice for which the pay grade prescribed by levels while protecting the programs f section 201 of title 37, United States Code is which have been most successful. This O-6 or below. UNANIMOUS CONSENT VAWA reauthorization merges 13 exist- Mr. REID. Mr. President, the mere AGREEMENT—S. 2038 ing programs into 4 streamlined and fact that we now have the right to vote consolidated programs. This will pre- Mr. REID. Mr. President, I ask unan- doesn’t mean people have to have re- vent wasted time and effort and make imous consent that the following corded votes. There are other ways of the application and administrative amendments listed below be the only rejecting or approving amendments. I processes more efficient. amendments remaining in order to the hope people will talk to Senators LIE- I am honored to be joined today by bill before the Senate, S. 2038: BERMAN and COLLINS and find out if an old and dear friend, a former coun- Lieberman No. 1482; Paul No. 1484; there needs to be a recorded vote on tywide-elected official, Paulette Paul No. 1487; Lieberman side-by-side these matters. I appreciate the co- Moore, now vice president of public to Shelby amendment No. 1491; Shelby operation of both sides. policy for the National Network to End No. 1491, as modified; Lieberman side- f Domestic Violence. I am grateful to my by-side to Paul No. 1485; Paul No. 1485, dear friend Carol Post, who leads the as modified; Collins side-by-side to STOP TRADING ON CONGRES- Delaware Coalition Against Domestic Boxer No. 1489; Boxer-Isakson No. 1489; SIONAL KNOWLEDGE ACT OF 2012 Violence, and my friend Amy Barasch, Portman No. 1505; Enzi No. 1510; The PRESIDING OFFICER. Under a tireless advocate in the ongoing ef- Blumenthal No. 1498; Toomey-McCas- the previous order, the Senate will re- forts to bring to light the challenges of kill No. 1472; Inhofe No. 1500; McCain sume consideration of S. 2038, which domestic violence in the State of New No. 1471; Leahy-Cornyn No. 1483; the clerk will report. York. Coburn No. 1473; DeMint No. 1488; The bill clerk read as follows: There are folks all across this coun- Grassley No. 1493; Brown of Ohio No. A bill (S. 2038) to prohibit Members of Con- try who turn to this task week in and 1481, as modified; that all other pend- gress and employees of Congress from using week out. It is long and tiring and dif- ing amendments be withdrawn, with nonpublic information derived from their of- ficult work, but it is uplifting because ficial positions for personal benefit, and for the exception of the substitute amend- other purposes. it is part of making this a more just, ment; that the time until 2 p.m. be for Pending: more safe, and more secure nation. debate on the bill and amendments, It is important for me to note that, Reid amendment No. 1470, in the nature of with the time equally divided between a substitute. unfortunately, some of my colleagues the two leaders or their designees; that Reid (for Lieberman) amendment No. 1482 on the other side of the aisle see the at 2 p.m., the Senate proceed to votes (to Amendment No. 1470), to make a tech- enhancements I just referred to in this in relation to the amendments in the nical amendment to a reporting require- reauthorization as a reason to abandon order listed; that there be no amend- ment. their long-term support for it, even ments or points of order to any of the Brown (OH) amendment No. 1478 (to though they have been strong backers amendments prior to the votes other amendment No. 1470), to change the report- ing requirement to 10 days. of VAWA in the past. In fact, the vote than budget points of order; that the Brown (OH)/Merkley modified amendment we just took in the Judiciary Com- following be subject to a 60-vote af- No. 1481 (to amendment No. 1470), to prohibit mittee was 10 to 8. It only narrowly firmative threshold: Paul No. 1487; Col- financial conflicts of interest by Senators passed. I hope our friends on the other lins side-by-side to Boxer No. 1489; and staff. side of the aisle will review the details Boxer No. 1489, as modified; Toomey amendment No. 1472 (to amend- of these changes one more time and see Blumenthal No. 1498; Toomey-McCas- ment No. 1470), to prohibit earmarks. their way clear to join us in this effort Thune amendment No. 1477 (to amendment kill No. 1472; Inhofe No. 1500; McCain No. 1470), to direct the Securities and Ex- to strengthen and sustain the Violence No. 1471; Leahy No. 1483; DeMint No. change Commission to eliminate the prohibi- Against Women Act. It is and should 1488; Grassley No. 1493; and Brown No. tion against general solicitation as a re- remain a bipartisan bill and a bipar- 1481; further, that Coburn amendment quirement for a certain exemption under tisan effort. No. 1473 be subject to a two-thirds af- Regulation D. My predecessor in this seat, our great firmative vote threshold; that there be McCain amendment No. 1471 (to amend- ment No. 1470), to protect the American tax- Vice President, JOE BIDEN of Delaware, two minutes equally divided in between took an absolutely central leadership payer by prohibiting bonuses for Senior Ex- the votes; that all after the first vote ecutives at Fannie Mae and Freddie Mac role in writing and passing the first Vi- be 10 minutes in duration; that upon while they are in conservatorship. olence Against Women Act in one of disposition of the amendments listed, Leahy/Cornyn amendment No. 1483 (to the most enduring legacies of his 36- the substitute amendment, as amend- amendment No. 1470), to deter public corrup- year Senate career, representing Dela- ed, if amended, be agreed to, and the tion. ware and advocating for women all Senate then proceed to vote on passage Coburn amendment No. 1473 (to amend- over this country. ment No. 1470), to prevent the creation of du- of the bill, as amended. plicative and overlapping Federal programs. His efforts broke barriers and laid The PRESIDING OFFICER. Is there Coburn/McCain amendment No. 1474 (to the groundwork for this current bill. objection? Without objection, it is so amendment No. 1470), to require that all leg- But it is up to all of us to keep pushing ordered. islation be placed online for 72 hours before tirelessly for Federal, State, and local The amendment No. 1491, as modi- it is voted on by the Senate or the House. governments to do more to save lives fied, is as follows: Coburn amendment No. 1476, in the nature of a substitute. and to serve victims. At the end of the amendment, insert the I urge my colleagues to come to- Paul amendment No. 1484 (to amendment following: No. 1470), to require Members of Congress to gether and promptly pass the reauthor- SEC. 10. PROMPT REPORTING AND PUBLIC FIL- certify that they are not trading using mate- ization of the Violence Against Women ING OF FINANCIAL TRANSACTIONS rial, non-public information. Act. Thank you to the men and women FOR EXECUTIVE BRANCH. Paul amendment No. 1485 (to amendment of this country who work so hard to (a) TRANSACTION REPORTING.—Each agency No. 1470), to apply the reporting require- end this terrible scourge of domestic or department of the Executive branch and ments to Federal employees and judicial offi- violence in our country. each independent agency shall comply with cers. I yield the floor, and I suggest the ab- the provisions of sections 6 with respect to Paul amendment No. 1487 (to amendment any of such agency, department or inde- No. 1470), to prohibit executive branch ap- sence of a quorum. pendent agency’s officers and employees that pointees or staff holding positions that give The PRESIDING OFFICER. The are subject to the disclosure provisions them oversight, rule-making, loan or grant- clerk will call the roll. under the Ethics in Government Act of 1978. making abilities over industries or compa- The assistant legislative clerk pro- (b) PUBLIC AVAILABILITY.—Not later than 2 nies in which they or their spouse have a sig- ceeded to call the roll. years after the date of enactment of this nificant financial interest.

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.010 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S291 DeMint amendment No. 1488 (to amend- allowing everybody to feel as if they fiscally responsible and transparent ment No. 1470), to express the sense of the are participating in the democratic earmarking process we have estab- Senate that the Senate should pass a joint process, not moving for cloture, shut- lished. resolution proposing an amendment to the ting off debate, and filling the tree, but Constitution that limits the numbers of Hawaii is a long way from the Cap- terms a Member of Congress may serve. allowing us to stay late and work to- ital City. It is simply not possible for a Paul amendment No. 1490 (to amendment gether in a bipartisan manner to work bureaucrat here in Washington to un- No. 1470), to require former Members of Con- through the amendments, allowing me derstand the needs of my home State gress to forfeit Federal retirement benefits if and Senator COLLINS, and on their side, as well as I do. And I believe such is they work as a lobbyist or engage in lob- Senators LIEBERMAN and GILLIBRAND, the case with all 50 States. Each one is bying activities. to call individual Members and say: unique, each one has individual chal- Blumenthal/Kirk amendment No. 1498 (to You have four amendments up; which amendment No. 1470), to amend title 5, lenges, and each one has issues that United States Code, to deny retirement bene- ones do you want? Is there a modifica- cannot be fully understood by civil fits accrued by an individual as a Member of tion or can we combine them with servants located thousands of miles Congress if such individual is convicted of other similar amendments? That is away. certain offenses. how it should work. This amendment has nothing to do Shelby amendment No. 1491 (to amendment This is what I have been saying for with lowering the deficit. Let me state No. 1470), to extend the STOCK Act to ensure the last 2 years and why I have con- that again. Eliminating earmarks will that the reporting requirements set forth in tinuously moved to work across the not save a single penny in spending. It the STOCK Act apply to the executive aisle: to allow that democratic process branch and independent agencies. will simply take decisions that were Inhofe/Hutchison amendment No. 1500 (to to work. rightfully made by Congress and dele- amendment No. 1470), to prohibit unauthor- I am thankful we are here. These are gate them to the executive branch. ized earmarks. some tough votes, but we are the Sen- In truth, this is a political amend- Boxer/Isakson amendment No. 1489 (to ate. We should be taking tough votes. ment meant to give cover to those who amendment No. 1470), to require full and That is why the people sent us here. I seek to mislead the American people complete public disclosure of the terms of am thankful that we can send the mes- home mortgages held by Members of Con- into thinking earmarks are responsible sage to the American people that we for our current deficit, and that simply gress. are trying to reestablish that trust Tester/Toomey amendment No. 1492 (to is not the case. Our deficit is driven by that seems to have been lost with them amendment No. 1470), to amend the Securi- entitlement spending that is rising at a ties Act of 1933 to require the Securities and by moving on the STOCK Act. rate three times that of inflation, not There are other issues we are taking Exchange Commission to exempt a certain by discretionary spending that is now up. I hope they are just as thoughtful class of securities from such act. capped at less than the rate of infla- Tester/Cochran amendment No. 1503 (to and methodical and respectful. I hope tion. Our deficit is driven by the fact amendment No. 1470), to require Senate can- we are going to do the postal bill next. that revenues are at their lowest level didates to file designations, statements, and It is something Senators LIEBERMAN, in 50 years. A permanent ban on ear- reports in electronic form. COLLINS, CARPER, and I have spear- marks addresses neither of these mat- The PRESIDING OFFICER. The time headed. It is a solid bill and a good ters. until 2 p.m. is equally divided. framework. If we allow it to move for- Madam President, finally, I note for The Senator from Connecticut. ward and everybody has their say and my colleagues that the voluntary mor- Mr. LIEBERMAN. Mr. President, I their day in the Sun, and we do as we atorium in appropriations bills for fis- thank the majority leader. I thank have done today, we will have another cal year 2012 was 100 percent successful, Senator COLLINS, Senator BROWN of good deed and, who knows, maybe we and the committee will continue the Massachusetts, Senator GILLIBRAND, will be in double figures in terms of the moratorium for fiscal year 2013. Prior and a lot of others, who have worked to approval rating pretty soon. get us to this point where we can do I suggest the absence of a quorum. to the moratorium taking effect, the two things. Most important to those of The PRESIDING OFFICER. The Appropriations Committee had to put us who have worked on the STOCK Act clerk will call the roll. into place a series of reforms that en- is that we are now in a position this The bill clerk proceeded to call the sured openness and transparency for afternoon of adopting a clear state- roll. earmark requests. Every earmark re- ment that Members of Congress and Mr. INOUYE. Madam President, I ask quest was posted online. Every ear- our staffs are covered by anti-insider unanimous consent that the order for mark that was approved was listed trading rules and that we can also pro- the quorum call be rescinded. along with the sponsor’s name in com- vide for fuller disclosure by Members, The PRESIDING OFFICER (Mrs. mittee reports and posted online. There making it accessible to the public on- HAGAN). Without objection, it is so or- were no secrets and no backroom deals. line. dered. The reality is that without congres- Instead of coming to a point where AMENDMENT NO. 1472 sional earmarks, we find ourselves at the system broke down again and Sen- Mr. INOUYE. Madam President, I the mercy of the bureaucrats to ensure ator REID being forced to file a cloture rise today to speak against the Toomey that our local needs are fulfilled. If we motion, we worked out an agreement amendment that would impose a per- approve this amendment, from now on here, people were reasonable, and there manent ban on congressional initia- earmarks will be at the sole discretion will be votes on a number of germane tives or earmarks. of the executive branch. Local needs amendments—and some that are not, The Constitution grants to the Con- will either go unmet or will be included but we have agreed to a 60-vote thresh- gress the power of the purse. There is through deals made between our elect- old. no authority more vital to the separa- ed officials and the White House or This is the way I think the Senate is tion of powers than the one that pre- unelected bureaucrats. No longer will supposed to work. Some of these votes vents the executive branch from di- we show the American people what ear- will be controversial, some difficult. rectly spending the tax dollars col- marks we are funding and why. In- But that is why we are here. I thank lected from its citizens. Depriving the stead, they will be part of a tradeoff be- everybody who was part of getting to Congress of the ability to direct money tween Members and bureaucrats—a this point. to specific projects does not save bridge in return for support of a trade I note the presence of the Senator money or reduce the deficit; it simply agreement. from Massachusetts, Mr. BROWN, and I gives additional power to the President By permanently banning earmarks, yield to him. and weakens the legislative branch. the spending decisions will move from Mr. BROWN of Massachusetts. Mr. As I stated when I announced the ini- the transparent process to discussions President, I also stand and commend tial moratorium on appropriations ear- that are hidden from the public. So we the majority leader for allowing this marks last February, I continue to sup- face a choice between an open and process to unfold in a thoughtful and port the constitutional right of Mem- transparent method for allocating tar- fair manner, the way it should. We are bers of Congress to direct investments geted funding or one that will be done starting the new year off correctly and to their States and districts under the with phone calls, conversations, winks,

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.017 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S292 CONGRESSIONAL RECORD — SENATE February 2, 2012 and nods. One method allows for ac- American taxpayer to limit ongoing this. I am the first to admit that there countability and another leaves us all legal exposure by settling the tribe’s has been a lot of abuse in the earmark at the whim of unelected bureaucrats. water rights claims. Effectuating the process. I don’t want to take sides be- I urge my colleagues to vote against terms of such a settlement requires tween authorizers and appropriators, the Toomey amendment. This amend- congressional review and approval. but I can remember several times here ment will serve to deprive the Congress Congress will undoubtedly employ the on the floor when appropriations bills of essential congressional prerogatives. searching scrutiny required to under- are coming through, when people are It has no impact on the debt, and it is stand whether the settlement is in the legislating on appropriations bills, simply designed to give political cover best interests of the American people. when they are swapping out deals. That to those who refuse to address the core Such settlements, however, are not is the kind of thing we want to stop. I drivers of our fiscal imbalance—lack of amenable to a formula-driven or com- think we have an opportunity to do revenues and ever-increasing entitle- petitive award process. Rather, the set- that today. ment spending. tlements must be addressed and nego- I have an amendment. It is my under- I yield the floor, Madam President, tiated if and when the claims are as- standing, the way the amendments are and I suggest the absence of a quorum. serted against the United States. stacked up, there is going to be a vote The PRESIDING OFFICER. The Congressionally enacted Indian water on the Toomey amendment and then a clerk will call the roll. rights settlements have not previously vote on my amendment. Let me talk a The bill clerk proceeded to call the fallen within the earmark moratorium. little bit about how long we have been roll. In that vein, I want to confirm with my working on this issue. Mr. INOUYE. Madam President, I ask colleague from Pennsylvania that the Way back in 2007, I gave a talk to the unanimous consent that the order for Earmark Elimination Act does not re- Grover Norquist group. It was on July the quorum call be rescinded. strict Congress’s authority to protect 25, 2007. I gave the Senate history of The PRESIDING OFFICER. Without taxpayers by limiting the exposure of the 200-year fight between appropri- objection, it is so ordered. the United States to similar legal chal- ators and authorizers. Mr. INOUYE. Madam President, on lenges. In 1816 responsibilities between au- behalf of the Leader, I ask unanimous The PRESIDING OFFICER. The Sen- thorizing versus appropriating had consent that any time spent in quorum ator from Pennsylvania. been debated. In that year the Senate calls be equally divided between the Mr. TOOMEY. Madam President, the created the first 11 permanent standing two sides. Senator from Arizona is absolutely cor- committees. The PRESIDING OFFICER. Without rect. The Earmark Elimination Act is I think most people understand that objection, it is so ordered. not intended to preclude Congress from we in the Senate, each one of us is on Mr. INOUYE. I thank the Chair, and effectuating legal settlements, such as at least two standing committees. I suggest the absence of a quorum. Indian water rights settlements, that Many of these are authorizing commit- The PRESIDING OFFICER. The resolve claims against the United tees or appropriating committees. clerk will call the roll. States. This body must maintain its Mine happened to be authorizing com- The bill clerk proceeded to call the ability to avoid costly litigation and to mittees. My two major committees I roll. limit the legal exposure of the United have been on since serving in the Sen- Mr. KYL. Madam President, I ask States in a manner that ultimately ate are the Senate Armed Services unanimous consent that the order for benefits American taxpayers. Committee and the Environment and Mr. KYL. I thank my colleague from the quorum call be rescinded. Public Works Committee. Both are au- Pennsylvania. I concur with my col- The PRESIDING OFFICER. Without thorizing committees. league in expressing a commitment to objection, it is so ordered. What is significant about this is that ensuring that these positive efforts to Mr. KYL. Madam President, I rise to there has always been a fight. This is reform the earmark process do not re- speak on the pending Toomey amend- not a new fight. People think this is sult in an unintended consequence ment, an amendment that we will be just going on today. This has been whereby Congress’s efforts to settle voting on here after a little bit, amend- going on literally since 1816. legal claims against the United States ment No. 1472, known as the Earmark In 1867 the Senate created the Appro- Elimination Act. are subject to a point of order. I thank my colleague from Pennsyl- priations Committee. The purpose of I thank Senators TOOMEY and MCCAS- vania for his efforts, and I suggest the that was to have the tax writing put in KILL for continuing this important dis- absence of a quorum. the Finance Committee and then have cussion and commend them as well as The PRESIDING OFFICER. The the appropriating committee as a sepa- numerous other Senators, including clerk will call the roll. rate committee—keeping those func- my colleague from Arizona, Senator The bill clerk proceeded to call the tions divided. Here it is now a couple of MCCAIN, and Senators COBURN and roll. hundred years later and we are still DEMINT, who have championed reforms Mr. INHOFE. Madam President, I ask trying to do the same thing. Today to Washington’s earmark culture. The unanimous consent that the order for may be the day we can do it, and my concern, as noted by Senators TOOMEY the quorum call be rescinded. amendment actually would do that. and MCCASKILL, is that the earmark The PRESIDING OFFICER. Without In 1921—I am reading notes from the process lacks transparency and scru- objection, it is so ordered. speech I made in 2007 at the Grover tiny. I support their efforts to reform Mr. INHOFE. I ask unanimous con- Norquist event—in 1921 the Senate the process in a manner that reflects sent that I be recognized for as much passed the Budget and Accounting Act the principles of our Founders and the time as I consume and that at the con- of 1921. The Senate tried to ensure that trust the American people instill in us clusion of my remarks, the Senator authorizing had to take place in a sepa- to represent them. from Ohio be recognized for such time rate committee. I wish to confirm, however, that this as he consumes. There we go. That is what we are effort does not restrict Congress’s abil- The PRESIDING OFFICER. Without talking about today. My amendment ity to protect the American taxpayer objection, it is so ordered. actually resolves the problem because from unnecessary expenses and signifi- AMENDMENT NO. 1500 it defines an earmark as an appropria- cant legal exposure. In certain situa- Mr. INHOFE. Madam President, we tion that hasn’t been authorized. In a tions, the United States is required to are going to have a number of votes on minute, I am going to talk about that fulfill legal obligations. For example, amendments this afternoon. I think it because there is a lot of support for the United States must resolve water is important that we look at this in that currently that should be consid- rights claims that American Indian historic perspective. I am referring to ered. tribes assert against the United States the amendments and the meaning of Let me use my committees as an ex- and other water users within an af- the Toomey amendment, which I think ample. If we were to do away with all fected State. In those instances, as is is very significant. earmarks as they are described in the common in other litigation, it is in the As most people think about ear- House bill, the earmarks would actu- interest of the United States and the marks, yes, we want to do away with ally be defined as any appropriation or

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.019 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S293 authorization. That gets into the huge It depends on how it is going to be in- ber 2010—we talked about the Constitu- question we will talk about in a terpreted, but the way I interpret it, it tion and how it restricts spending only minute—what our Constitution says. It would mean we cannot change what to the legislative branch and specifi- says we, the House and the Senate, the President sends down because that cally denies that honor to the Presi- should do the spending or the appro- would be called a congressional ear- dent. priating. This has been this way for a mark. Some might argue and say: No, We take an oath of office— long time. it is that only if it happens to be in I am reading now from a statement I I am hoping Members will go back your district or something like that. made on the floor a year and a half and read Joseph Story and some of the That is not what it says, though. The ago. great people in the past who have way it is defined is anything that We take an oath of office to uphold the talked about why it is necessary for all would be an authorization or an appro- Constitution of the United States. That the authorizing and the spending to priation. means that we take an oath of office to up- take place in this body, in the Senate So we had the example there in the hold article I section 9 of the Constitution. and in the House. If that does not hap- Armed Services Committee, and one of What does that say? That says that pen, we are going to be in a position the unintended consequences would the spending in our government should where we are giving our function to the be—I will just use this as an example. be confined to the legislative branch. President. We are ceding our constitu- I can remember back in the days, I am That is us. If you go and look in the tional obligation to the President—in old enough to remember back when Federalist Papers, it talks about this. this case, President Obama. Reagan was President and nobody be- Over and over, judges without excep- Back in the time I was making this lieved we would ever have a problem tion have reinforced this as the con- speech initially, I talked about such with people sending over a missile with stitutional obligation we have. things. I mentioned this on the floor some type of a weapon on it that would Sometimes I miss Senator Bob Byrd yesterday. A lot of people do not under- be very destructive to America, nor did more than other times, and this is one stand. The budget that comes to us is a they believe it would be possible, if a of the times I do. I can hear him stand- ing on the floor saying: Why is it we budget from the President. It is not missile were coming in, that we could are giving up our constitutional right? from Congress, not from the House, not knock down that missile. Well, we have Remember he used to carry around the from the Senate, not from the Demo- now settled that. Everyone knows you Constitution? He would hold it up. I crats, not from the Republicans, it is can hit a bullet with a bullet. We have from the President. The President is wish he were here today so he could done it before. We are doing a good job. talk about article I, section 9 of the the guy who sends the budget down. I We also know after having gone Constitution and how we are ceding am so critical of this President because through 9/11 that we should have at the every one of these budgets now—we that authority to the President. very top of our concern as representa- I mentioned yesterday that one of have just gotten the fourth budget— tives of this country to defend America the problems I have with a permanent has a deficit of over $1 trillion. Un- and to have an enhanced system. So we moratorium without a definition of heard of. I can remember back in the had a policy that we wanted to have a what an earmark is—one of the prob- days—1996 was the first $1.5 trillion redundancy in all three phases of mis- lems we have in giving the President, budget. That was during the Clinton sile defense. In missile defense, you ceding our authority to him—and there administration. I remember coming have three phases—a boost phase, a is no better example—a lot of us got down to the floor and saying: We can- midcourse phase, and a terminal quite upset in this body when the not sustain this level of spending. That phase—and we want to have that. So President had his $800 billion-or-so was $1.5 trillion to run the entire when we are addressing that, if the stimulus plan. Remember the stimulus United States of America. What Presi- President comes in with something plan that didn’t stimulate and he spent dent Obama has sent down is $1 trillion that doesn’t follow that redundancy, all this money? And when he signed it, to $1.5 trillion in each of his budgets, we could be in a position where we he was talking about how this was just deficit alone. We can’t continue to would not be able to do what is in the going to stimulate. As it turned out, do that. best interests of the country. only 3 percent went into roads, high- I am on the Armed Services Com- I am not the only one who believes ways, and so forth, and only 3 percent mittee. It is an authorizing committee. that when we say we want an outright into defending America. When he It is a committee staffed with experts ban on all spending—and that is what signed it, President Obama said: What in every area—missile defense, strike we are saying, an outright ban on all I am signing then is a balanced law fighters—all of that having to do with spending—there is an article that I with a mix of tax cuts and invest- defending America. Of course, when the took out of the Hill Magazine—that ments. It has been put together with- budget comes down, historically—I am would have been about 3 or 4 years out earmarks or the usual porkbarrel talking about historically from 100 ago—saying ‘‘Lobbyists Hitting Up spending. So, anyway, we had such ex- years ago—we have taken that budget Agencies As Earmark Rate Drops.’’ In amples of earmarks. and analyzed that budget. The Chair is other words, as we quit spending here, In fact, I remember on Sean fully aware of this because she sits on it does not save a cent. That money Hannity’s program, he had the 102 most that committee. We determine what is goes back into the bureaucracy, and egregious earmarks. In those earmarks the best way to spend the given num- they are spending it at that point. So was $219,000 to study the hookup and ber of dollars that come down in the that puts us in the position of, admit- behavior of female college co-eds in budget to best defend America. tedly, what they are talking about— New York; $1 million to do fossil re- The example I used yesterday was in they are actually lobbying the bureau- search; $1.2 million to build an under- one of the first budgets that came crats as opposed to Members because pass for deer crossing in Wyoming. down. I think it was the first budget that is where all the power is. In other There were 102 egregious earmarks and from President Obama. It had one item words, we have ceded that power. not one of them was a congressional that was a $330 million item that was I can see a lot of the Democrats earmark. They are all bureaucratic for a launching system that was re- wanting to pass an all-out ban on con- earmarks. We ceded that so the Presi- ferred to as a box of rockets—a good gressional earmarks because they are dent, through our action, was able to system, I might add, but with the supporting Obama. Obama wants to do do all those things he could not other- scarce dollars we made a determina- the spending. They want him to do wise do. tion in the Armed Services Committee that. I understand that, and I heard I have a longer list that I ask to be that we could take that same $300 mil- from some of the Democrats who do made a part of the RECORD at this point lion and instead of spending it on a not agree with that, and I appreciate in my presentation, which includes launching system, spend it on six new their making that statement on the about 10 or 15 other egregious ear- F–18 strike fighter aircraft. And we did floor. marks. that. That is what we should be able to But I think as we address this and go There being no objection, the mate- do. But if you have an earmark ban, back to things that we did on the floor rial was ordered to be printed in the then you would not be able to do that. a year and a half ago—this was Novem- RECORD, as follows:

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I am very critical of what Obama 2. $8,408 to a university to study whether parent and honest way subject to eval- has done in terms of the deficits, which mice become disoriented when they consume alcohol. uation by an authorizing committee. we have already talked about, in terms 3. $712,883 to develop ‘‘machine generated That is exactly what my amendment of what he is doing to the military. humor’’ in Illinois. does. I talked to Senator TOOMEY, and Some trillion dollars over a period of 10 4. $325,394 to study the mating decisions of I appreciate the fact that he is very years would be taken out of our mili- Cactus bugs in Florida. open about this. I will repeat that: tary. When you add his budget to the 5. $500,000 to Ohio to purchase recycling Some things ought to be funded, but sequestration, that is something that bins with microchips embedded inside of they should be funded in a transparent should not happen. them. and honest way subject to evaluation With energy, right now the President 6. $800,000 to a company in Arizona to in- is going around talking about how he is stall motion sensor light switches. by an authorization committee. That is 7. $25,000 for socially conscious puppet my amendment. A definition of an ear- for developing energy in this country, shows in Minnesota. mark is spending or appropriating and yet he is the obstacle to the devel- 8. $1 million to research fossils in Argen- without authorizing. opment. He is the one who has in his tina. Last year Senator COBURN said: ‘‘It is budget the various things that make it 9. $500,000 to study the impact of global not wrong to go through an authoriza- very difficult, if not impossible, to get warming on wild flowers in a Colorado ghost tion process where your colleagues can our resources that we have out there in town. actually see it. It is wrong to hide oil and gas. 10. $150,000 to develop the next generation something in a bill . . . .’’ Amen. I In fact, it is kind of humorous and football globes in Pennsylvania. 11. $1.2 million to build a deer underpass in agree with that. I said earlier, and I very clever of the President. Last week Wyoming. said yesterday, I can remember Demo- during his State of the Union message 12. $50,000 to resurface a tennis court in crats and Republicans on consideration the President was talking about want- Montana. of appropriations bills sitting on the ing to exploit all of our natural gas 13. $15,000 for a storytelling festival in floor, swapping out deals, making deals when he slipped in a little phrase that Utah. back and forth. That is what we want hardly anyone heard. I know Senator 14. $14,675 for doormats at the Department to do something about, and this is not BOXER heard it because she was next to of the Army in Texas. a partisan thing. This is something me, and we disagree on this whole 15. $10,000 for the Colorado Dragon Boat Festival. that has been going on, and we have a issue. He said: We want to go after this way now of doing it. type of formation, all the shale that is Mr. INHOFE. As it turned out, the Senator MCCAIN was kind enough to out there, but we don’t want to poison President was the one who did the ear- endorse a freestanding bill I had that the ground at the same time. Well, marks of the $800 billion stimulus pro- does the very thing of defining an ear- what he is talking about there is hy- gram. mark as an appropriation that has not draulic fracturing. If you take away Again, getting back to article I, sec- been authorized. Senator MCCAIN said: hydraulic fracturing, as he is trying to tion 9: Some earmarks are worthy. If they are do, and put that in the hands of the No Money shall be drawn from the Treas- worthy, then they should be author- Federal Government, then you might ury, but in Consequence of Appropriations ized. Authorized, there is the key, and as well say goodbye to all these types made by Law. Senator MCCAIN is exactly right. If you of formations, oil and gas. We would The law, that is us. We are the legis- authorize it, then that is the process not be able to do it. So I am critical of lative branch of government. That is we want. When an earmark is consid- him in that respect. what we are supposed to do. I think ev- ered by an authorization committee be- In the fourth area, in addition to eryone understands that. It is unin- fore it is appropriated, real trans- what he is doing to the military, the tended, and I know a lot of people out parency is brought to the process. deficit spending, and energy in this there would say, well, we want to kill In fact, I remember it was Senator country is regulations. I am the rank- all earmarks, without stopping to COBURN who said on the floor—and this ing member of the Environmental and think that that is all spending and that is about a year and a half ago—he Public Works Committee, with all of is our constitutional duty. agreed with me and said one good thing these MACT programs—that is MACT, I would say if we continue on making about requiring an authorization be- maximum achievable control tech- permanent and current moratoriums fore an appropriation is that then if it nology. He is trying to do away with on congressional earmarks, then we are is a bad one, we have two chances to emission requirements where there is limiting our ability to govern with the kill it. Senator COBURN is right. We can no technology to get into that type of President. If all we are doing is hand- kill it in the authorization phase or we requirement. So it is very expensive. ing the President pots of money and re- can kill it in the appropriations phase. The other thing he is trying to do— quiring that he have competitive The example I use is a good example and I know this is the most controver- grants to disburse the funds, then we in terms of what we and the Armed sial issue among liberals and conserv- are washing our hands of the outcome. Services Committee should be doing atives—and that is we were able to suc- There is no light or transparency in- and are not doing. But I would say to cessfully stop this whole global warm- herent to the Federal grant-making you that this afternoon when we have ing cap-and-trade legislation that has process. So what we are doing is giving these votes—it is my understanding we been out there ever since we refused to up our constitutional responsibility in are going to have around 20 votes. A lot ratify Kyoto. It was made very clear ceding that to the President. of these will be voice voted, I am sure. that there is one thing nobody argues It could be that things are going to But the two votes I am concerned with—we know it is true—if you were be refined, with further definitions, and about are, No. 1, the vote on the to have legislation for cap and trade, I have no objection to that. But I am Toomey bill, which I support, but I the cost would be between $300 billion saying we have one very simple solu- support it if you can define it and and $400 billion a year. We know that is tion to it. When the votes come up make real transparency set in by hav- true. That has come from the MIT, it today, I will announce right now, if we ing the authorization process in place. has come from the CRA, and it has don’t have a definition of earmark, I would only say that we go back to come from the Wharton School. That is then I would vote against a permanent the Constitution. As I mentioned, let’s the range they talk about. However, moratorium on earmarks because that go back to the statements that were now this President is trying to do by is our constitutional responsibility. made by Senator TOOMEY, Senator regulation what we have voted down in My amendment is a little bit dif- MCCAIN, and Senator COBURN, that we legislation. ferent, because what I do is define what want transparency and we don’t want Right now in this body of 100 Sen- an earmark is, and an earmark is de- to cede the power of our constitutional ators, there are at the very most 25

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.002 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S295 Members of the Senate who would vote ments in blind trusts or to invest in ceutical company vote on issues that for cap and trade, and yet he is trying only widely held mutual funds. affect health care, on a generic drug to do that through regulation. I have No one is required to avoid equities. bill or on a biologics bill or on Medi- to say that would be the largest We could still invest in broad-based care or Medicaid? Appearances matter. amount of money in terms—that would mutual funds or exchange-traded funds. Right now the American people don’t probably exceed the obligations we You can keep your ownership interest trust that we are acting in the Nation’s have to pay back even the deficits he in your family farm or small business. best interest far too many times. In- has had. We will talk more about that I will repeat that: In no way does this vesting in broadly held funds or a blind later, but the issue right now is the affect your ownership in your family trust will keep us in touch with soci- two votes that are coming up. farm or small business. If you are set- ety. It is not a retreat from the U.S. I would encourage us to vote for my ting up a blind trust, you can instruct economy. Instead it will keep us from amendment, which would define an ear- the trustee to hold onto your stock in picking winners and losers. It will show mark as an appropriation that has not your family company. This rule would the public that our focus is on policies been authorized. I have read to you be similar to steps that have already that will help grow the economy. quotes from virtually everyone in here been taken to address financial con- Again, I am not accusing any of my who would agree with that, except for flicts of interest or at least the appear- colleagues, if they own an oil stock, of those individuals who want to cede this ance of financial conflicts. voting for more tax breaks for the oil power to the President of the United Senate Ethics rule 37.7 requires com- industry. I am not saying they do that; States. mittee staff making more than $25,000 I am saying there is the appearance I yield the floor, and I understand per year—way more strict than our that some of them might do it. under unanimous consent that the Sen- amendment in that way—‘‘to divest We need to remember that public ator from Ohio would be the next himself [or herself] of any substantial service is a privilege. Folks around speaker. holdings which may be directly af- Washington are already paid well in The PRESIDING OFFICER. The Sen- fected by the actions of the committee these jobs. There is no reason they ator from Ohio. for which he works.’’ need to be buying and selling stocks in Mr. BROWN of Ohio. Madam Presi- The Armed Services Committee re- small or multimillion-dollar portfolios. dent, at the conclusion of my remarks, quires staff and spouses and dependents When asked about the fact that Sen- I ask unanimous consent that the Sen- to divest themselves of stock in compa- ate Armed Services Committee con- ator from Iowa, Senator GRASSLEY, be nies doing business with the Depart- flict-of-interest rules apply only to recognized. ment of Defense and the Department of staff and Department of Defense ap- The PRESIDING OFFICER. Without Energy. The committee does permit pointees—but not to Senators—again, objection, it is so ordered. the use of blind trusts. when asked about the fact that the Mr. BROWN of Ohio. I thank Senator When asked about a requirement to Senate Armed Services Committee INHOFE for the sensible nature of his divest, former Defense Secretary Wil- conflict-of-interest rules apply to staff words in terms of the difference be- liam Perry said: people—and, again, not necessarily tween a Presidential and a congres- That was very painful, but I do not dis- highly paid staff—and Department of sional earmark. I think the Senator agree with the importance of doing this. The Defense appointees, President Bush’s brought good sense to this, and I appre- potential of corruption is very high. It keeps Deputy Secretary of Defense, Gordon our government clean. ciate his words. England, said: ‘‘I think Congress In the executive branch, Federal AMENDMENT NO. 1481 should abide by the same rules we im- rules and Federal criminal law gen- pose on other people.’’ Madam President, I rise in support of erally prohibit employees, their amendment No. 1481, cosponsored by No kidding. Really. spouses, and their children from own- In a State of the Union Message, the Senator MERKLEY, our amendment to ing stock in companies they regulate. President said: ‘‘Let’s limit any elected the STOCK Act. I thank Senator GILLI- All Senator MERKLEY and I are saying official from owning stocks in indus- BRAND for her good work on managing is that Members of the Senate should tries they impact.’’ this legislation. hold themselves to the same standard As we cast votes, we all—the 100 USA Today had an editorial from we already require of much of our com- Members of the Senate—have an im- Tuesday that said: mittee staff and executive branch em- pact on all kinds of industries every If lawmakers were really concerned with ployees. Our staff’s requirements are day, on all our economies. ethics, they’d put their equity holdings in more severe than ours, and we are the I agree with Under Secretary Eng- blind trusts, so they wouldn’t have the obvi- ous conflict of interest that comes from set- ones whose names are on the ballot, we land. I agree with President Obama. I ting the rules for the companies they own. are the ones who are sworn in to do the agree with Senator MERKLEY as we Banking committee members wouldn’t in- bidding of the American people. We are offer this amendment. It is simple and vest in financial institutions, Armed Serv- the 100 people in this so-called exclu- direct. The public should expect noth- ices Committee members wouldn’t invest in sive club and yet we are going to have ing less from us. defense contracts, and energy committee different rules for us than we do for a Thank you. members wouldn’t invest in oil companies. $30,000-a-year staff person? That hardly The PRESIDING OFFICER. The Sen- How simple is that? How straight- seems right. ator from Iowa. forward is that? How right is that? Some argue that selling all of our AMENDMENT NO. 1493 TO AMENDMENT NO. 1470 These stories simply don’t reflect well stock will make us lose touch with the Mr. GRASSLEY. Before I speak on on the world’s greatest deliberative rest of society. That kind of thinking the amendment, I ask unanimous con- body. Most of us think these invest- falls on deaf ears for most Americans. sent that the pending amendment be ments don’t affect our decisions here, The ranking member of the House Fi- set aside to call up my amendment No. and they probably don’t, but isn’t it nancial Services Committee doesn’t in- 1493 and make that the pending amend- time we held ourselves to a higher vest in stocks. Instead he invests in ment. standard? State and local bonds with a small The PRESIDING OFFICER. Without Senator MERKLEY and I are proposing amount directed into mutual funds. objection, it is so ordered. the Putting the People’s Interests When asked, Congressman FRANK of The clerk will report. First Act as an amendment to the Massachusetts said: ‘‘I get a steady 4.5 The legislative clerk read as follows: STOCK Act. It would require Senators percent, and I help my state in the The Senator from Iowa [Mr. GRASSLEY] and their senior staff who are subject process. I’m a patriot, and I’m making proposes an amendment numbered 1493. to financial disclosure—no more than money too.’’ Mr. GRASSLEY. I ask unanimous two or three or four of our staff people Why should Members of the Senate consent that the reading of the amend- in each office; the most well paid, those who own stock in oil companies vote ment be dispensed with. in the highest ranking decision-making on issues that affect the oil industry? The PRESIDING OFFICER. Without position—to sell individual stocks that Why should Members of the Senate objection, it is so ordered. create conflicts or to put their invest- who might own stock in a pharma- The amendment is as follows:

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(Purpose: To require disclosure of political (i) by inserting after ‘‘lobbying activities’’ (d) DISCLOSURE AND ENFORCEMENT.—Sec- intelligence activities under Lobbying Dis- each place that term appears the following: tion 6(a) of the Lobbying Disclosure Act of closure Act of 1995) ‘‘and political intelligence activities’’; and 1995 (2 U.S.C. 1605) is amended— At the end of the amendment, insert the (ii) in clause (i), by inserting after ‘‘lob- (1) in paragraph (3)(A), by inserting after following: bying firm’’ the following: ‘‘or political in- ‘‘lobbying firms’’ the following: ‘‘, political intelligence consultants, political intel- SEC. ll. DISCLOSURE OF POLITICAL INTEL- telligence firm’’; LIGENCE ACTIVITIES UNDER LOB- (2) in subsection (b)— ligence firms,’’; BYING DISCLOSURE ACT. (A) in paragraph (3), by inserting after (2) in paragraph (7), by striking ‘‘or lob- (a) DEFINITIONS.—Section 3 of the Lobbying ‘‘lobbying activities’’ each place that term bying firm’’ and inserting ‘‘lobbying firm, Disclosure Act of 1995 (2 U.S.C. 1602) is appears the following: ‘‘or political intel- political intelligence consultant, or political amended— ligence activities’’; intelligence firm’’; and (1) in paragraph (2)— (B) in paragraph (4)— (3) in paragraph (8), by striking ‘‘or lob- (A) by inserting after ‘‘lobbying activities’’ (i) in the matter preceding subparagraph bying firm’’ and inserting ‘‘lobbying firm, each place that term appears the following: (A), by inserting after ‘‘lobbying activities’’ political intelligence consultant, or political ‘‘or political intelligence activities’’; and the following: ‘‘or political intelligence ac- intelligence firm’’. (B) by inserting after ‘‘lobbyists’’ the fol- tivities’’; and (e) RULES OF CONSTRUCTION.—Section 8(b) lowing: ‘‘or political intelligence consult- (ii) in subparagraph (C), by inserting after of the Lobbying Disclosure Act of 1995 (2 ants’’; and ‘‘lobbying activity’’ the following: ‘‘or polit- U.S.C. 1607(b)) is amended by striking ‘‘or (2) by adding at the end the following new ical intelligence activity’’; lobbying contacts’’ and inserting ‘‘lobbying paragraphs: (C) in paragraph (5), by inserting after contacts, political intelligence activities, or ‘‘(17) POLITICAL INTELLIGENCE ACTIVITIES.— ‘‘lobbying activities’’ each place that term political intelligence contacts’’. The term ‘political intelligence activities’ appears the following: ‘‘or political intel- (f) IDENTIFICATION OF CLIENTS AND COVERED means political intelligence contacts and ef- ligence activities’’; OFFICIALS.—Section 14 of the Lobbying Dis- forts in support of such contacts, including (D) in paragraph (6), by inserting after closure Act of 1995 (2 U.S.C. 1609) is amend- preparation and planning activities, re- ‘‘lobbyist’’ each place that term appears the ed— search, and other background work that is following: ‘‘or political intelligence consult- (1) in subsection (a)— intended, at the time it is performed, for use ant’’; and (A) in the heading, by inserting ‘‘OR POLIT- in contacts, and coordination with such con- (E) in the matter following paragraph (6), ICAL INTELLIGENCE’’ after ‘‘LOBBYING’’; tacts and efforts of others. by inserting ‘‘or political intelligence activi- (B) by inserting ‘‘or political intelligence ‘‘(18) POLITICAL INTELLIGENCE CONTACT.— ties’’ after ‘‘such lobbying activities’’; contact’’ after ‘‘lobbying contact’’ each place ‘‘(A) DEFINITION.—The term ‘political intel- (3) in subsection (c)— that term appears; and ligence contact’ means any oral or written (A) in paragraph (1), by inserting after (C) in paragraph (2), by inserting ‘‘or polit- communication (including an electronic ‘‘lobbying contacts’’ the following: ‘‘or polit- ical intelligence activity, as the case may communication) to or from a covered execu- ical intelligence contacts’’; and be’’ after ‘‘lobbying activity’’; tive branch official or a covered legislative (B) in paragraph (2)— (2) in subsection (b)— branch official, the information derived from (i) by inserting after ‘‘lobbying contact’’ (A) in the heading, by inserting ‘‘OR POLIT- which is intended for use in analyzing securi- the following: ‘‘or political intelligence con- ICAL INTELLIGENCE’’ after ‘‘LOBBYING’’; ties or commodities markets, or in inform- tact’’; and (B) by inserting ‘‘or political intelligence ing investment decisions, and which is made (ii) by inserting after ‘‘lobbying contacts’’ contact’’ after ‘‘lobbying contact’’ each place on behalf of a client with regard to— the following: ‘‘and political intelligence that term appears; and ‘‘(i) the formulation, modification, or contacts’’; and (C) in paragraph (2), by inserting ‘‘or polit- adoption of Federal legislation (including (4) in subsection (d), by inserting after ical intelligence activity, as the case may legislative proposals); ‘‘lobbying activities’’ each place that term be’’ after ‘‘lobbying activity’’; and ‘‘(ii) the formulation, modification, or appears the following: ‘‘or political intel- (3) in subsection (c), by inserting ‘‘or polit- adoption of a Federal rule, regulation, Exec- ligence activities’’. ical intelligence contact’’ after ‘‘lobbying utive order, or any other program, policy, or contact’’. position of the United States Government; or (c) REPORTS BY REGISTERED POLITICAL IN- (g) ANNUAL AUDITS AND REPORTS BY COMP- ‘‘(iii) the administration or execution of a TELLIGENCE CONSULTANTS.—Section 5 of the TROLLER GENERAL.—Section 26 of the Lob- Federal program or policy (including the ne- Lobbying Disclosure Act of 1995 (2 U.S.C. bying Disclosure Act of 1995 (2 U.S.C. 1614) is gotiation, award, or administration of a Fed- 1604) is amended— amended— eral contract, grant, loan, permit, or li- (1) in subsection (a), by inserting after (1) in subsection (a)— cense). ‘‘lobbying activities’’ the following: ‘‘and po- (A) by inserting ‘‘political intelligence ‘‘(B) EXCEPTION.—The term ‘political intel- litical intelligence activities’’; firms, political intelligence consultants,’’ ligence contact’ does not include a commu- (2) in subsection (b)— after ‘‘lobbying firms’’; and nication that is made by or to a representa- (A) in paragraph (2)— (B) by striking ‘‘lobbying registrations’’ tive of the media if the purpose of the com- (i) in the matter preceding subparagraph and inserting ‘‘registrations’’; munication is gathering and disseminating (A), by inserting after ‘‘lobbying activities’’ (2) in subsection (b)(1)(A), by inserting ‘‘po- news and information to the public. the following: ‘‘or political intelligence ac- litical intelligence firms, political intel- ‘‘(19) POLITICAL INTELLIGENCE FIRM.—The tivities’’; ligence consultants,’’ after ‘‘lobbying firms’’; term ‘political intelligence firm’ means a (ii) in subparagraph (A)— and person or entity that has 1 or more employ- (I) by inserting after ‘‘lobbyist’’ the fol- (3) in subsection (c), by inserting ‘‘or polit- ees who are political intelligence consult- lowing: ‘‘or political intelligence consult- ical intelligence consultant’’ after ‘‘a lob- ants to a client other than that person or en- ant’’; and byist’’. tity. (II) by inserting after ‘‘lobbying activities’’ Mr. GRASSLEY. Madam President, ‘‘(20) POLITICAL INTELLIGENCE CONSULT- the following: ‘‘or political intelligence ac- the Wall Street Journal recently re- ANT.—The term ‘political intelligence con- tivities’’; sultant’ means any individual who is em- (iii) in subparagraph (B), by inserting after ported that political intelligence is an ployed or retained by a client for financial or ‘‘lobbyists’’ the following: ‘‘and political in- approximately $100 million industry. other compensation for services that include telligence consultants’’; and The article also says that expert net- one or more political intelligence contacts.’’. (iv) in subparagraph (C), by inserting after works employ over 2,000 people to do (b) REGISTRATION REQUIREMENT.—Section 4 ‘‘lobbyists’’ the following: ‘‘or political intel- political intelligence in Washington, of the Lobbying Disclosure Act of 1995 (2 ligence consultants’’; DC. U.S.C. 1603) is amended— (B) in paragraph (3)— We have to say approximately be- (1) in subsection (a)— (i) by inserting after ‘‘lobbying firm’’ the (A) in paragraph (1)— following: ‘‘or political intelligence firm’’; cause no one truly knows how many (i) by inserting after ‘‘whichever is ear- and people work in this industry. We don’t lier,’’ the following: ‘‘or a political intel- (ii) by inserting after ‘‘lobbying activities’’ know from whom they seek informa- ligence consultant first makes a political in- each place that term appears the following: tion, what happens to that informa- telligence contact,’’; and ‘‘or political intelligence activities’’; and tion, and how much they get paid. This (ii) by inserting after ‘‘such lobbyist’’ each (C) in paragraph (4), by inserting after is a problem if one believes in trans- place that term appears the following: ‘‘or ‘‘lobbying activities’’ each place that term parency in government and if one be- consultant’’; appears the following: ‘‘or political intel- lieves in the purposes behind this legis- (B) in paragraph (2), by inserting after ligence activities’’; and ‘‘lobbyists’’ each place that term appears the (3) in subsection (d)(1), in the matter pre- lation, as I do—the underlying legisla- following: ‘‘or political intelligence consult- ceding subparagraph (A), by inserting ‘‘or a tion—that Members of the Senate and ants’’; and political intelligence consultant’’ after ‘‘a Congress should not benefit from in- (C) in paragraph (3)(A)— lobbyist’’. sider trading information.

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.003 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S297 So we have people in this city or peo- and our staff as well. By requiring lob- pand the population of executive ple who come into this city to get in- byists who sell information to stock branch officials required to report pub- formation on what Congress might do traders to register, Members and staff licly, then any further expansion will or what their regulators might do that then have an easy way to track who only present marginal additional costs. might affect the stock in some com- these people are and to whom they Currently, less than 1 percent of the pany or something, and this political would sell their information. This executive branch workforce is required intelligence information is gathered strengthens the bill, from my point of to file financial disclosure statements. and given to people who presumably view, and helps Members and staff com- The other 99 percent are not. My parity profit from it or I guess these people ply with its requirements. amendment will not expand that uni- So I hope we can pass this amend- wouldn’t be employed in the first place. verse. It will only require them to meet ment soon and bring light and trans- So there is a growing unregulated in- the same reporting standards that will parency to this growing industry and, dustry with no transparency. If a lob- apply to the Congress itself. byist has to register in order to advo- when we are talking to someone, know cate for a school or a church or a pri- who they are, what they seek, whom As I understand it, the Democratic vate corporation, shouldn’t the same they are working for, et cetera. alternative to my amendment would lobbyist have to register if he or she is With that, I yield the floor, and I produce some bizarre results. For ex- seeking and getting inside information suggest the absence of a quorum. ample, a Senate office administrator that ends up in making people a profit? The PRESIDING OFFICER. The who meets the reporting threshold This is especially true if that informa- clerk will call the roll. would be required to report publicly as tion would make millions for a hedge The assistant legislative clerk pro- directed in this bill, but the head of en- ceeded to call the roll. fund or a private equity firm. forcement at the Securities and Ex- Mr. SHELBY. Madam President, I We have current law. Under current change Commission would not. That is ask unanimous consent that the order law, this is not the case. We have no bizarre. A Senate scheduler may have for the quorum call be rescinded. to make additional public disclosures, registration of these people and we The PRESIDING OFFICER (Mrs. don’t know who they are. So we go but the General Counsel of the Federal MCCASKILL). Without objection, it is so Reserve would not. This is not fair, and back to amendment No. 1493. My ordered. amendment merely brings sunlight to I believe it is unacceptable. AMENDMENT NO. 1491 this unregulated area. It defines what a Mr. SHELBY. Madam President, I My amendment simply says if you political intelligence lobbyist is and re- rise again today to speak on behalf of are an executive branch or independent quires that person or firm to register. fairness. We have heard quite a bit agency official and you currently file In other words, it requires them to do from the President on the campaign financial disclosure reports, you will what, under the 1995 law, every lob- trail about fairness. But it appears have to comply with the same public byist has to do. there is no interest in fairness when it reporting requirements contained in I understand some would say there comes to transparency for the execu- this bill that we plan to impose on the have not been hearings on this subject tive branch. Congress. and that it should be studied first. But The bill we are currently debating in My amendment also contains the there isn’t much that is complicated the Senate will subject Congress to ad- same military personnel exemption about this amendment. It is pretty ditional reporting requirements for that the Democratic alternative does, simple. If a person seeks information certain financial transactions. The as well as the same 2-year implementa- from Congress in order to make money, goal is to ensure that Members of Con- tion provision. the American people have a right to gress and congressional staff are not know the name of that person and who My amendment is simple, fair, and using their unique access to confiden- deserves the support of every Member that person is selling that information tial information for personal gain. of this body. If my friends on the other to. That is just pretty basic good gov- That goal is worthy. side of the aisle believe in fairness, this ernment, isn’t it? It is the same as if a I believe this is an appropriate goal, person is a lobbyist for a piece of legis- and one I fully support. I do not under- would be a very good way to show it. lation under laws going back to 1946 stand, however, why the additional re- I yield the floor. and amended since then, they have to porting requirements do not extend to I suggest the absence of a quorum. register. The public has a right to members of the executive branch who The PRESIDING OFFICER. The know who the lobbyist is, whom they arguably have even greater access to clerk will call the roll. are working for, and what they are lob- such confidential information than bying for or against. Members of Congress and their staffs The assistant legislative clerk pro- This amendment isn’t just helpful to do. ceeded to call the roll. the American people, though. It isn’t It only seems fair that executive Mrs. GILLIBRAND. Madam Presi- just helpful to make people respon- branch officials, who are already re- dent, I ask unanimous consent that the sible, because the more transparency quired to file annual financial reports, order for the quorum call be rescinded. we have the more accountability there as we are, also be directed to meet the The PRESIDING OFFICER. Without is and the more openness we have in same additional reporting require- objection, it is so ordered. government the better off we are. So I ments being imposed on the legislative make a case to help the American peo- branch. AMENDMENTS NOS. 1489, AS MODIFIED, AND 1485, ple, yes. But it is also going to help I have yet to hear a compelling argu- AS MODIFIED Members of Congress and our staff who ment against equity between the Mrs. GILLIBRAND. Madam Presi- are trying to decipher their duties branches. Some people have argued dent, on behalf of Senator BOXER, I ask under this proposed legislation. that the executive branch has other unanimous consent that the Boxer- Senators have raised the question: ways to deal with insider trading. Isakson amendment No. 1489 be modi- How will we know if the people we Think about it. But none of those will fied with the changes that are at the speak to trade on what we say? So to subject executive branch employees to desk; that the order for a Collins side- answer that question, we require the the same public scrutiny as this legis- by-side amendment be vitiated; that people doing it to be responsible. So we lation would. I believe what is good for the Paul amendment No. 1485 be modi- achieve more transparency in govern- the goose, it seems to me, should be fied with the changes that are at the ment, and we even help Members of good for the gander. We have heard desk; further, that the order for the Congress and our staff because these that all of our life. Lieberman side-by-side amendment to political intelligence people are pretty I understand there is a willingness on the Paul amendment be vitiated. smart. They know where to get the in- the other side to expand the reporting formation because they come to us and requirements, but it would fall far The PRESIDING OFFICER. Without ask questions, but we might not know short of parity. objection, it is so ordered. why they are asking the questions. So Some have said here it would cost The amendments, as modified, are as it is going to help Members of Congress too much. But if we are willing to ex- follows:

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.027 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S298 CONGRESSIONAL RECORD — SENATE February 2, 2012 AMENDMENT NO. 1489, AS MODIFIED The assistant legislative clerk read AMENDMENT NO. 1505 (Purpose: To require full and complete public as follows: (Purpose: To clarify that political intel- disclosure of the terms of home mortgages ligence includes information gathered from The Senator from New York [Mrs. GILLI- held by Members of Congress, the Presi- executive branch employees, Congressional BRAND], for Mr. LIEBERMAN, proposes an dent, the Vice President, and executive employees, and Members of Congress) amendment numbered 1511 to amendment branch officers nominated or appointed to No. 1470. On page 8, lines 23 and 24, strike ‘‘executive a position by the President, by and with branch and legislative branch officials’’ and The Senator from New York [Mrs. GILLI- the advice and consent of the Senate) insert ‘‘an executive branch employee, a BRAND], for Mr. PORTMAN, proposes an At the end, add the following: Member of Congress, or an employee of Con- amendment numbered 1505 to amendment SECTION 11. REQUIRING MORTGAGE DISCLO- gress’’. No. 1470. SURE. Mrs. GILLIBRAND. Madam Presi- Section 102(a)(4)(A) of the Ethics in Gov- The amendments are as follows: ernment Act of 1978 (5 U.S.C. App) is amend- dent, we here in the Senate are so close ed by striking ‘‘spouse; and’’ and inserting AMENDMENT NO. 1511 to doing something so basic, so com- the following: ‘‘spouse, except that this ex- (Purpose: To extend the STOCK Act to en- mon sense to begin restoring the faith ception shall not apply to a reporting indi- sure that the reporting requirements set and trust the American people have vidual— forth in the STOCK Act apply to the execu- with this institution. I am encouraged ‘‘(i) described in paragraph (1), (2), or (9) of tive branch and independent agencies) that we have found more to agree on section 101(f); today than that which we disagree on, ‘‘(ii) described in section 101(b) who has On page 7, strike lines 6 through 9, insert been nominated for appointment as an offi- the following: so we can bring this bill on the floor to cer or employee in the executive branch de- ‘‘(j) Not later than 30 days after any trans- a vote. scribed in subsection (f) of such section, action required to be reported under section I thank Leader REID for his extraor- other than— 102(a)(5)(B), the following persons, if required dinary perseverance and leadership on ‘‘(I) an individual appointed to a position— to file a report under any other subsection of this issue. I also thank Chairman LIE- ‘‘(aa) as a Foreign Service Officer below this section subject to any waivers and ex- BERMAN and Ranking Member COLLINS the rank of ambassador; or clusions, shall file a report of the trans- for their vision and their hard work in ‘‘(bb) in the uniformed services for which action: bringing this strong piece of legislation the pay grade prescribed by section 201 of ‘‘(1) A Member of Congress. title 37, United States Code is O-6 or below; ‘‘(2) An officer or employee of Congress re- to the floor. I also thank Senator or quired to file a report under this section. SCOTT BROWN and our other cosponsors ‘‘(II) a special government employee, as de- ‘‘(3) The President. who have worked so hard to do what is fined under section 202 of title 18, United ‘‘(4) The Vice President. right for the American people. And, of States Code; or ‘‘(5) Each employee appointed to a position course, I thank my colleagues on the ‘‘(iii) described in section 101(f) who is in a in the executive branch, the appointment to other side of the aisle who have worked position in the executive branch the appoint- which requires advice and consent of the with us in good faith to bring this leg- ment to which is made by the President and Senate, except for— islation to fruition. requires advice and consent of the Senate, ‘‘(A) an individual appointed to a posi- other than— tion— We have tried to focus on the specific ‘‘(I) an individual appointed to a position— ‘‘(i) as a Foreign Service Officer below the task at hand, and that is closing loop- ‘‘(aa) as a Foreign Service Officer below rank of ambassador; or holes to ensure that Members of Con- the rank of ambassador; or ‘‘(ii) in the uniformed services for which gress play by the exact same rules as ‘‘(bb) in the uniformed services for which the pay grade prescribed by section 201 of every other American. While there are the pay grade prescribed by section 201 of title 37, United States Code is O-6 or below; some amendments today that will not title 37, United States Code is O-6 or below; or meet that test, there are others that or ‘‘(B) a special government employee, as de- will make this bill stronger, and I be- ‘‘(II) a special government employee, as de- fined under section 202 of title 18, United fined under section 202 of title 18, United States Code. lieve the final product will have teeth. States Code; and’’. ‘‘(6) Any employee in a position in the ex- This sorely needed bill would estab- AMENDMENT NO. 1485, AS MODIFIED ecutive branch who is a noncareer appointee lish for the first time a clear fiduciary (Purpose: To extend the transaction report- in the Senior Executive Service (as defined responsibility to the people we serve— ing requirement to judicial officers and under section 3132(a)(7) of title 5, United removing any doubt that both the SEC senior executive branch employees) States Code) or a similar personnel system and the CFTC are empowered to inves- for senior employees in the executive On page 7, strike lines 6 through 9, and in- tigate and prosecute cases involving in- branch, such as the Senior Foreign Service, sider trading of securities from non- sert the following: except that the Director of the Office of Gov- ‘‘(j)(1) Not later than 30 days after any ernment Ethics may, by regulation, exclude public information that we have access transaction required to be reported under from the application of this paragraph any to when we do our jobs. section 102(a)(5)(B), a Member of Congress or individual, or group of individuals, who are We are entrusted with a profound re- officer or employee of Congress, a judicial of- in such positions, but only in cases in which sponsibility to the American people: to ficer, or a senior executive branch official the Director determines such exclusion shall file a report of the transaction. look out for their best interests, not to would not affect adversely the integrity of ‘‘(2) In this subsection, the term ‘senior ex- do what is in our financial interest. the Government or the public’s confidence in ecutive branch official’ means— Let’s show the people who have sent us the integrity of the Government. ‘‘(A) the President; here that we as a body can come to- ‘‘(7) The Director of the Office of Govern- ‘‘(B) the Vice President; and ment Ethics. gether and do the right thing. ‘‘(C) individuals serving in full-time, paid ‘‘(8) Any civilian employee, not described Today, we are taking a step forward positions required to be appointed by the in paragraph (5), employed in the Executive to show them we are worthy of their President with the advice and consent of the Office of the President (other than a special trust. I encourage all of my colleagues Senate but does not include members of the government employee) who holds a commis- armed services, foreign service, public health to take this step with us today. sion of appointment from the President.’’. service, or the officer corps of the National I suggest the absence of a quorum. Oceanic and Atmospheric Administration.’’. At the end insert the following: The PRESIDING OFFICER. The AMENDMENTS NOS. 1511 AND 1505 TO AMENDMENT SEC. ll. EXECUTIVE BRANCH REPORTING. clerk will call the roll. NO. 1470 Not later than 2 years after the date of en- The assistant legislative clerk pro- Mrs. GILLIBRAND. Madam Presi- actment of this Act, the President shall— ceeded to call the roll. dent, I ask unanimous consent to set (1) ensure that financial disclosure forms Mr. LIEBERMAN. Madam President, aside the pending amendment so that I filed by officers and employees referred to in I ask unanimous consent that the order may call up on behalf of Senator LIE- section 101(j) of the Ethics in Government for the quorum call be rescinded. BERMAN the side-by-side amendment to Act of 1978 (5 U.S.C. App.) are made available The PRESIDING OFFICER. Without the Shelby amendment No. 1491 and on to the public as required by section 8(a) on objection, it is so ordered. appropriate official websites of agencies of Mr. LIEBERMAN. Madam President, behalf of Senator PORTMAN his amend- the executive branch; and ment No. 1505. (2) develop systems to enable electronic fil- in 6 or 7 minutes the Senate will begin The PRESIDING OFFICER. Without ing and public access, as required by section a series of votes on the matter before objection, it is so ordered. 8(b), to the financial disclosure forms of such us, the STOCK Act. I want to take a The clerk will report. individuals. few moments to restate the underlying

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.004 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S299 main purpose of the legislation, which ment and guidance put forward over We need to reassure a skeptical pub- is to respond to the public concern, in- the years by the Office of Government lic that we understand elective office is formed by testimony before our com- Ethics at the agencies are extensive a place for public service, not for pri- mittee from experts on securities law, and address a wide range of potential vate gain. Underscoring that important that it is not totally clear that Mem- conflicts of interest and/or impropri- message is clearly the purpose of this bers of Congress and our staffs are cov- eties. They have teeth, criminal sanc- bill, and that is why I support it. ered by anti-insider trading laws en- tions. I thank the Chair. forced by the SEC. The No. 1 accom- For instance, high-level executive AMENDMENTS NOS. 1478, 1477, 1474, 1476, 1490, 1492, plishment of this proposal will be to branch employees already file financial AND 1503 WITHDRAWN make that crystal clear. disclosure forms that face a very exten- The PRESIDING OFFICER. Under We are not exempt from that law; we sive system of agency review. These the previous order, the following should not be exempt. I presume most agency officials and career civil serv- amendments are withdrawn: Members of Congress have assumed we ants are often forced to divest them- Amendment No. 1478, amendment No. have never been exempt. But this will selves of their stock holdings if they 1477, amendment No. 1474, amendment make it clear if anybody crosses the seem to be in conflict with their re- No. 1476, amendment No. 1490, amend- line, they cannot defend themselves by sponsibilities or to recuse themselves, ment No. 1492, and amendment No. saying that Members of Congress are not to be involved in matters in order 1503. to minimize potential conflicts of in- not covered by the law. AMENDMENT NO. 1482 We have also added in committee a terest. That is a much different stand- The PRESIDING OFFICER. Under couple of provisions which embrace the ard than we impose on ourselves, which the previous order, the question occurs old but still important notion that sun- is the standard of disclosure. on amendment No. 1482, offered by the shine is the best disinfectant in govern- I have introduced a version of Sen- Senator from Connecticut, Mr. LIEBER- ment by requiring that the annual fi- ator SHELBY’s amendment, which I MAN. nancial disclosure reports we file will think achieves his goal in a significant Mr. LIEBERMAN. Madam President, now be filed electronically and will way but not so broadly. Rather than this is a highly technical amendment. therefore be available on the Internet. the tens of thousands of people encom- It simply says the GAO report, re- Right now, these are public documents. passed in the Shelby amendment, mine quired by the underlying bill on the When they are filed in the Office of the is targeted at policymakers most question of political intelligence, be Secretary of the Senate, people have to equivalent to those of us in Congress sent not only to the Committee on go there and make copies of them to and those who work with us; that is, Government Oversight in the House see them. As Senator BEGICH, our col- positions in our government that are but also to the Judiciary Committee. league from Alaska, said: That is not Senate-confirmed and also certain If there is no objection, I urge the easy if you are an Alaskan. This will high-level White House and agency adoption of the amendment. I don’t be- bring that system up to date. staff who might not be Senate-con- The third part—which I know is con- firmed but are policymakers. These in- lieve there is any opposition and, troversial for some, but I think it is dividuals are public officials with visi- therefore, no need for a rollcall vote. sensible—is to require that within 30 ble high-profile roles, and the extra The PRESIDING OFFICER (Mr. days of any stock trades, disclosure scrutiny that comes with increased re- SANDERS). Is there further debate? forms must be filed with the Senate porting requirements seems to be more If not, the question is on agreeing to and also online. I can tell you that the appropriate for this group—including amendment No. 1482. Securities and Exchange Commission the President, Vice President, ap- The amendment was agreed to. has made clear in testimony before the pointees in the White House, the so- AMENDMENT NO. 1484 House committee and in discussions called policy czars, special assistants The PRESIDING OFFICER. The with our staff that that kind of peri- to the President, as well as members of question is on the Paul amendment, the Federal Reserve Board. odic requirement for disclosure of No. 1484. There is 2 minutes of debate, I hope we can take this significant trades in stock and securities will help equally divided, on this amendment. step to achieve what Senator SHELBY The Senator from Kentucky. them do the job we want them to do to had in mind, but not, if I can put it this make sure that insider trading laws are Mr. PAUL. Mr. President, I rise in way, overdo it in a way that will actu- support of this amendment. This not being violated and, of course, will ally, according to comments we have keep the public, our constituents, in- amendment would strike the under- had from people in the executive lying bill and would replace it with an formed of what we are about. branch, get in the way of the existing A number of amendments are up. As affirmation that we are not exempt very tough ethics rules they live under Senator REID said, I hope we don’t have from insider trading and that each Sen- now. ator would sign a statement each year rollcall votes on all of them. I think a I yield the floor at this point. number of them will receive unani- The PRESIDING OFFICER. The Sen- affirming they did not participate in mous support on both sides. I hope we ator from Maine. insider trading. can adopt them by voice. Ms. COLLINS. Madam President, I think this is the way to go. I think There is one amendment, Senator first, let me commend the chairman of the American people want to be sure SHELBY’s amendment No. 1491, to our committee, Senator LIEBERMAN. As we are not exempt. I think this is a which, as part of the agreement, I filed always, it has been a great pleasure to good way to do it without creating a a side-by-side, as it were. I support the work with him to produce this bill. I bureaucracy and a nightmare that may goal that Senator SHELBY has of hold- also wish to commend the author of well have many unintended con- ing the executive branch accountable the bill, Senator SCOTT BROWN, who sequences. in ways similar to the way we are; that was the first to introduce this legisla- The PRESIDING OFFICER. The Sen- is, the amendment, generally speaking, tion in the Senate, and also praise the ator from Connecticut. would extend the 30-day reporting re- work of the Senator from New York, Mr. LIEBERMAN. Mr. President, I quirement, disclosure requirement, to Mrs. GILLIBRAND, for her contributions. respectfully oppose the amendment. It a very large number of executive The STOCK Act is intended to affirm would, as the Senator from Kentucky, branch employees. That, to me, is the that Members of Congress are not ex- with his characteristic directness said, problem. It is too broad. It would cre- empt from our laws prohibiting insider strike the entire bill. The affirmation ate a cost and an unnecessary report- trading. There are disputes among the by Members they have not violated in- ing system for many executive branch experts about whether this legislation sider trading laws is, in my opinion, employees. is necessary, but we feel we should send not enough. In the opinion of the SEC, I want to point out here that when it a very strong message to the American it is not enough because it doesn’t es- comes to avoiding and preventing con- public that we understand Members of tablish the duty of trust this under- flicts of interest, the executive branch Congress are not exempt from insider lying bill does that is required to guar- is probably well ahead of the legisla- trading laws, and that is exactly what antee charges against a Member of tive branch. The ethics rules require- this bill does. Congress or staff on insider trading

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.032 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S300 CONGRESSIONAL RECORD — SENATE February 2, 2012 will not be successfully defended of debate equally divided prior to a [Rollcall Vote No. 5 Leg.] against on the argument that Members vote in relation to amendment No. YEAS—48 are not covered. 1487, offered by the Senator from Ken- Alexander Enzi McConnell I yield the rest of my time to my tucky, Mr. PAUL. This amendment is Ayotte Graham Menendez friend from Maine. subject to a 60-vote threshold. Barrasso Grassley Moran The PRESIDING OFFICER. The Sen- Blunt Hatch Nelson (NE) The Senator from Kentucky is recog- Boozman Heller Nelson (FL) ator from Maine. nized. Burr Hutchison Paul Ms. COLLINS. Mr. President, I too Cantwell Inhofe Risch am opposed to the amendment offered Mr. PAUL. Mr. President, this Carper Isakson Roberts by Senator PAUL. I do think the idea of amendment would say that those in Casey Johnson (WI) Rubio the executive branch who decide loans Chambliss Klobuchar Sessions a certification is a good one, but, un- Coats Kyl Shelby fortunately, Senator PAUL’s amend- and grants, if they have a self-interest Coburn Lee Snowe ment would strike the provisions of the in the company or if their family has a Corker Levin Stabenow bill that affirm the duty we have to the self-interest in the company, they Cornyn Lugar Thune Crapo McCain Toomey American people and that scholars who should not be making decisions award- DeMint McCaskill Vitter testified before the committee said was ing grants and awarding loans. I think NAYS—51 necessary. the idea that you should not make Mr. PAUL. Mr. President, I ask for money off of government is an impor- Akaka Gillibrand Murray Baucus Hagan Portman the yeas and nays. tant one, but it is not just Congress Begich Harkin Pryor The PRESIDING OFFICER. Is there a that this should apply to; this should Bennet Hoeven Reed sufficient second? apply to the executive branch. We Bingaman Inouye Reid There appears to be a sufficient sec- should not have hundreds of millions of Blumenthal Johanns Rockefeller ond. The question is on agreeing to the Boxer Johnson (SD) Sanders dollars in loans—even billions of dol- Brown (MA) Kerry Schumer amendment. The clerk will call the lars in loans—dispensed by people who Brown (OH) Kohl Shaheen roll. used to work for that company or Cardin Landrieu Tester Cochran Lautenberg Udall (CO) The bill clerk called the roll. whose family still works for the com- Mr. KYL. The following Senators are Collins Leahy Udall (NM) pany. Conrad Lieberman Warner necessarily absent: the Senator from Coons Manchin Webb Illinois (Mr. KIRK) and the Senator I yield my time. Durbin Merkley Whitehouse from Alabama (Mr. SESSIONS). The PRESIDING OFFICER. The Sen- Feinstein Mikulski Wicker The PRESIDING OFFICER. Are there ator from Connecticut. Franken Murkowski Wyden any other Senators in the Chamber de- Mr. LIEBERMAN. This is one of a se- NOT VOTING—1 siring to vote? ries of amendments in which our col- Kirk The result was announced—yeas 37, leagues are applying ethics rules to the nays 61, as follows: The PRESIDING OFFICER. Under executive branch although the bill, of the previous order requiring 60 votes [Rollcall Vote No. 4 Leg.] course, is focused on Members of Con- for the adoption of this amendment, YEAS—37 gress. In this case, this applies prob- the amendment is rejected. Alexander Crapo Moran ably the harshest penalty that has ever Mr. LIEBERMAN. Mr. President, I Ayotte DeMint Nelson (NE) Barrasso Enzi Paul been applied to members of the execu- move to reconsider the vote. Begich Graham Risch tive branch. The fact is, executive Mrs. COLLINS. Mr. President, I move Blunt Hatch Roberts branch employees are already subject to lay that motion on the table. Burr Hoeven Shelby to an effective, in some ways broader Chambliss Johnson (SD) The motion to lay on the table was Thune ethics regime than we face now. It is agreed to. Coats Johnson (WI) Toomey Coburn Kyl Warner backed up by criminal sanctions. As an AMENDMENT NO. 1511 Cochran Leahy Webb example, executive branch employees Conrad Lee The PRESIDING OFFICER. Under Wicker Corker Lugar file financial disclosure forms. Agency the previous order, there will be 2 min- Cornyn McConnell ethics officials who examine them can utes of debate equally divided prior to NAYS—61 compel divestiture of holdings. They a vote in relation to amendment No. can require the individual to recuse Akaka Harkin Murray 1511 offered by the Senator from Con- Baucus Heller Nelson (FL) himself from certain matters and, if necticut, Mr. LIEBERMAN. Bennet Hutchison Portman recusal is not sufficient, the agency The Senator from Connecticut. Bingaman Inhofe Pryor can reassign the individual. Mr. LIEBERMAN. Mr. President, this Blumenthal Inouye Reed Boozman Isakson Reid In this case, Senator PAUL would say is a side-by-side with an amendment Boxer Johanns Rockefeller that an executive branch employee is offered by my friend from Alabama. Brown (MA) Kerry Rubio forbidden from holding a position in Brown (OH) Klobuchar The question is, How many employees Sanders Cantwell Kohl which they or their family have any fi- of the executive branch of government Schumer Cardin Landrieu nancial interest of $5,000 or more, so I Shaheen should be required to electronically file Carper Lautenberg oppose the amendment. their disclosure statements? I believe, Casey Levin Snowe Collins Lieberman Stabenow The PRESIDING OFFICER. The respectfully, Senator SHELBY’s amend- Coons Manchin Tester question is on agreeing to the amend- ment requires maybe more than 300,000 Durbin McCain Udall (CO) Federal employees, including many Udall (NM) ment. Feinstein McCaskill who filed confidential disclosure state- Franken Menendez Vitter Mr. PAUL. Mr. President, I ask for ments. Gillibrand Merkley Whitehouse the yeas and nays. Grassley Mikulski Wyden This amendment would include peo- Hagan Murkowski The PRESIDING OFFICER. Is there a ple in the Federal executive branch NOT VOTING—2 second? who hold positions equivalent to those Kirk Sessions There appears to be a sufficient sec- of us in Congress who are policy- The amendment (No. 1484) was re- ond. The clerk will call the roll. makers, and that includes the Presi- jected. The legislative clerk called the roll. dent, the Vice President, appointees in the White House, members of the Fed- Mr. LIEBERMAN. Mr. President, I Mr. KYL. The following Senator is eral Reserve Board, and Senior Execu- move to reconsider the vote. necessarily absent: the Senator from Ms. COLLINS. Mr. President, I move tive Service. It is the difference be- Illinois (Mr. KIRK). to lay that motion on the table. tween applying this requirement to The motion to lay on the table was The PRESIDING OFFICER. Are there 2,000 executive employees or more than agreed to. any other Senators in the Chamber de- 300,000 Federal employees. AMENDMENT NO. 1487 siring to vote? I yield the remainder of my time. The PRESIDING OFFICER. Under The result was announced—yeas 48, The PRESIDING OFFICER (Mrs. the previous order, there is 2 minutes nays 51, as follows: SHAHEEN). There is no time remaining.

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.034 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S301 The Senator from Alabama. Ms. COLLINS. I move to lay that mo- The PRESIDING OFFICER. Is there a Mr. SHELBY. Madam President, the tion on the table. sufficient second? There appears to be Lieberman amendment is a side-by-side The motion to lay on the table was a sufficient second. with the Shelby amendment. This Lie- agreed to. The clerk will call the roll. berman amendment would create loop- AMENDMENT NO. 1491 The legislative clerk proceeded to holes, disparity, and it undermines the The PRESIDING OFFICER. Under call the roll. true transparency. I encourage my col- the previous order, there will now be 2 Mr. KYL. The following Senator is leagues to oppose it. minutes of debate, equally divided, necessarily absent: the Senator from On the other hand, my amendment prior to a vote in relation to amend- Illinois (Mr. KIRK). would be a side-by-side, and it creates ment No. 1491, as modified, offered by The PRESIDING OFFICER. Are there parity, fairness, and true transparency. the Senator from Alabama, Mr. any other Senators in the Chamber de- Without transparency the American SHELBY. siring to vote? people will be left in the dark. Also, The Senator from Maine. The result was announced—yeas 58, the Senator from Connecticut is talk- Ms. COLLINS. Madam President, nays 41, as follows: ing about who would have to file these. first, I wish to commend Senator PAUL [Rollcall Vote No. 7 Leg.] It will be the same people who have to and Senator SHELBY for raising the YEAS—58 file disclosures now. Why should they issue of extending these requirements Alexander Hatch Nelson (NE) be exempt? My amendment would to the executive branch. I agree with Ayotte Heller Nelson (FL) make it a level playing field. It makes them. I supported the amendment of- Barrasso Hoeven Paul Blunt Hutchison a lot of sense. It is fair, it is honest, fered by Senator LIEBERMAN, but I also Portman Boozman Inhofe and the executive branch should not be encourage my colleagues to support Pryor Brown (MA) Isakson Risch excluded for any reason I can think of. the amendment offered by Senator Burr Johanns Roberts I thank the Chair. SHELBY. It would take in the inde- Cantwell Johnson (WI) Rubio Chambliss Kerry The PRESIDING OFFICER. The Sessions pendent regulatory agencies, and it Coats Klobuchar Shaheen question is on agreeing to the amend- goes a little bit deeper into the execu- Coburn Kyl ment. Cochran Lee Shelby tive branch. So I think both principles Snowe Mr. LIEBERMAN. I ask for the yeas are correct—that the kind of disclo- Collins Lugar Corker Manchin Stabenow and nays. sures we are going to be required to Thune The PRESIDING OFFICER. The yeas Cornyn McCain make should also apply to high-level Crapo McCaskill Toomey and nays have been requested. executive branch employees. DeMint McConnell Vitter Wicker Is there a sufficient second? I thank both the Senator from Ken- Enzi Merkley There appears to be a sufficient sec- Graham Moran Wyden tucky and the Senator from Alabama ond. Grassley Murkowski for their leadership. The clerk will call the roll. NAYS—41 The PRESIDING OFFICER. The Sen- The legislative clerk called the roll. ator from Alabama. Akaka Feinstein Mikulski Mr. KYL. The following Senator is Baucus Franken Murray Mr. SHELBY. Madam President, I ap- necessarily absent: the Senator from Begich Gillibrand Reed preciate the remarks of the Senator Bennet Hagan Reid Illinois (Mr. KIRK). from Maine. She is urging people to Bingaman Harkin Rockefeller The PRESIDING OFFICER. Are there Blumenthal Inouye Sanders any other Senators in the Chamber de- vote yea on the Shelby amendment. I Boxer Johnson (SD) appreciate that. It is a good amend- Schumer siring to vote? Brown (OH) Kohl Tester Cardin Landrieu ment, and I will do the same thing: Udall (CO) The result was announced—yeas 81, Carper Lautenberg Vote yea. Udall (NM) nays 18, as follows: Casey Leahy I thank the Chair. Warner [Rollcall Vote No. 6 Leg.] Conrad Levin The PRESIDING OFFICER. The Sen- Coons Lieberman Webb YEAS—81 ator from Connecticut. Durbin Menendez Whitehouse Akaka Gillibrand Merkley Mr. LIEBERMAN. Madam President, Alexander Graham Mikulski NOT VOTING—1 Ayotte Grassley Murkowski I respectfully ask for a ‘‘no’’ vote. Kirk Baucus Hagan Murray As I indicated in support of the side- Begich Harkin Nelson (NE) by-side I offered, executive branch em- The amendment (No. 1491), as modi- Bennet Hatch Nelson (FL) ployees are now under very tough eth- fied, was agreed to. Blumenthal Heller Paul Mr. LIEBERMAN. Madam President, Boozman Hoeven Pryor ics regulations requiring, in many Boxer Hutchison Reed cases, divestiture or recusal, and this I move to reconsider the vote. Brown (MA) Inhofe Reid adds a good requirement which is for Ms. COLLINS. I move to lay that mo- Brown (OH) Inouye Risch some of them to file electronically the tion on the table. Burr Isakson Roberts The motion to lay on the table was Cantwell Johanns Rockefeller disclosure statements they have to Cardin Johnson (SD) Rubio make. But the amendment we just agreed to. Carper Kerry Sanders passed—mine—would add that require- AMENDMENT NO. 1485 WITHDRAWN Casey Klobuchar Schumer Coats Kohl Shaheen ment to 2,000 of the top-level policy- The PRESIDING OFFICER. Under Cochran Kyl Snowe makers in our Federal Government. the previous order, there will be 2 min- Collins Landrieu Stabenow Senator SHELBY’s amendment would utes of debate equally divided prior to Conrad Lautenberg Tester a vote in relation to amendment No. Coons Leahy Thune extend that to more than 300,000 Fed- Corker Levin Udall (CO) eral employees, including some, by our 1485, offered by the Senator from Ken- Cornyn Lieberman Udall (NM) count in the Office of Government Eth- tucky, Mr. PAUL. Crapo Manchin Warner ics, drivers and secretaries. The Senator from Kentucky. Durbin McCain Webb Feinstein McCaskill Whitehouse In addition to the burden it would Mr. PAUL. Madam President, I think Franken Menendez Wyden place on them unduly, we are asking the issue has already been addressed by NAYS—18 agencies to stretch personnel and re- previous amendments. I thank the sources to fulfill a totally new require- chairman and the minority ranking Barrasso Enzi Portman Bingaman Johnson (WI) Sessions ment when, in fact, we want them to member for their addressing this prob- Blunt Lee Shelby save money and not figure out ways to lem. Chambliss Lugar Toomey spend more money. I ask unanimous consent that the Coburn McConnell Vitter amendment, as modified, be with- DeMint Moran Wicker I respectfully ask my colleagues to vote no. drawn. NOT VOTING—1 The PRESIDING OFFICER. The The PRESIDING OFFICER. Without Kirk question is on agreeing to the Shelby objection, it is so ordered. The amendment was agreed to. amendment No. 1491, as modified. Mr. LIEBERMAN. Madam President, Mr. LIEBERMAN. Madam President, Mr. SHELBY. I ask for the yeas and I thank the Senator from Kentucky. I I move to reconsider the vote. nays. would urge others with amendments

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.037 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S302 CONGRESSIONAL RECORD — SENATE February 2, 2012 listed here to think of following that The PRESIDING OFFICER. The divided on the Blumenthal amendment example. But certainly as I look at the question is on agreeing to the amend- No. 1498. next four amendments, I think they ment. The Senator from Massachusetts. are all noncontroversial. I would urge The amendment (No. 1505) was agreed Mr. BROWN of Massachusetts. their sponsors to have the 2 minutes of to. Madam President, I would like to take debate, and, hopefully, let’s have a Mr. PORTMAN. Madam President, I a moment to commend Senator voice vote so we can proceed. move to reconsider the vote. BLUMENTHAL and Senator KIRK. As you The PRESIDING OFFICER. The Sen- Ms. COLLINS. I move to lay that mo- all know, Senator KIRK is battling to ator from California. tion upon the table. come back with us. As a gesture and AMENDMENT NO. 1489 The motion to lay upon the table was also because it is a good-government Mrs. BOXER. Madam President, I be- agreed to. measure, this particular amendment, lieve my amendment is next. AMENDMENT NO. 1510 TO AMENDMENT NO. 1470 No. 1498, extends the number and types The PRESIDING OFFICER. There The PRESIDING OFFICER. There of felonies for which Members of Con- will now be 2 minutes of debate equally will now be 2 minutes of debate equally gress and executive branch employees divided on the Boxer amendment No. divided on the Enzi amendment No. or an elected State or local govern- 1489. 1510. ment official can lose his or her pen- Mrs. BOXER. Madam President, I Ms. COLLINS. Madam President, this sion. This is a good-government would be delighted to take a voice vote is a very good amendment that Senator amendment and an appropriate way to on this amendment, which I am proud ENZI has offered. It recognizes the fact honor our colleague, Senator KIRK, to say was written by myself and Sen- that we do not control trades that hap- whom we wish a speedy recovery. ator ISAKSON. I am very pleased Sen- pen within mutual funds. Thus, there is I ask to have the yeas and nays by ator COLLINS suggested the modifica- not a need for reporting every 30 days; voice vote. tion. rather, we should keep the annual re- The PRESIDING OFFICER. The Sen- All this amendment does is broaden porting requirement. ator from Connecticut. the mortgage disclosure requirements It has been cleared by both sides. I do Mr. BLUMENTHAL. Madam Presi- on all of us—Members of Congress—and not believe it requires a rollcall vote. I dent, I wish to join in acknowledging it does the same thing for the Presi- would suggest that we vitiate any roll- Senator KIRK’s contribution to this dent, the Vice President, and the exec- call vote that was suggested and adopt amendment. The reason I have offered utive branch employees who are sub- it by a voice vote, with the concur- it is very simply to send a message and ject to the advice and consent of the rence of the chairman of the com- have the effect that no corrupt elected Congress. mittee. official, no official convicted of a fel- I think it is fair, I think it is wise, Mr. LIEBERMAN. Madam President, ony in connection with his official du- and I think we have had issues that re- this is a good amendment. I support it. ties as a Member of Congress should re- quire this to be done. Ms. COLLINS. Madam President, on ceive one dime of taxpayer money. And With that, I yield back my time to behalf of Senator ENZI, I call up the that breach of law should have con- Senator COLLINS. amendment. sequences. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The I join in asking for a voice vote. ator from Maine. clerk will report. Mr. BROWN of Massachusetts. Ms. COLLINS. Madam President, I The legislative clerk read as follows: Madam President, I ask unanimous am very pleased the Senator from Cali- The Senator from Maine [Ms. COLLINS], for consent to vitiate the 60-vote threshold fornia has agreed to modify her amend- Mr. ENZI, proposes an amendment numbered on this amendment. ment to apply it to the executive 1510 to amendment No. 1470. The PRESIDING OFFICER. Without branch. I thank her very much for her The amendment is as follows: objection, it is so ordered. cooperation, and I would suggest the (Purpose: To clarify that the transaction re- The question is on agreeing to the amendment be adopted, as modified, by porting requirement is not intended to amendment. a voice vote. apply to widely held investment funds) The amendment (No. 1498) was agreed Mrs. BOXER. Madam President, I ask At the end of the amendment, insert the to. for a voice vote. following: Mr. BROWN of Massachusetts. The PRESIDING OFFICER. The Sen- SEC. lll. TRANSACTION REPORTING REQUIRE- Madam President, I move to reconsider ator from Connecticut. MENTS. the vote. Mr. LIEBERMAN. Madam President, The transaction reporting requirements es- Mr. LIEBERMAN. Madam President, I ask unanimous consent to vitiate the tablished by section 101(j) of the Ethics in I move to lay that motion upon the 60-vote requirement on this amend- Government Act of 1978, as added by section 6 of this Act, shall not be construed to apply table. ment. The motion to lay upon the table was The PRESIDING OFFICER. Without to a widely held investment fund (whether such fund is a mutual fund, regulated invest- agreed to. objection, it is so ordered. ment company, pension or deferred com- The question is on agreeing to the AMENDMENT NO. 1472 pensation plan, or other investment fund), The PRESIDING OFFICER. There amendment. if— The amendment (No. 1489), as modi- (1)(A) the fund is publicly traded; or will now be 2 minutes of debate equally fied, was agreed to. (B) the assets of the fund are widely diver- divided on the Toomey amendment No. Mr. LIEBERMAN. Madam President, sified; and 1472. I move to reconsider the vote. (2) the reporting individual neither exer- The Senator from Pennsylvania. Ms. COLLINS. I move to lay that mo- cises control over nor has the ability to exer- Mr. TOOMEY. Madam President, I tion on the table. cise control over the financial interests held rise in support of my amendment. I The motion to lay on the table was by the fund. wish to thank Senator MCCASKILL for agreed to. The PRESIDING OFFICER. The cosponsoring this amendment and for AMENDMENT NO. 1505 question is on agreeing to the amend- her support on this ban on earmarks. The PRESIDING OFFICER. The Sen- ment. What this amendment does is it ator from Maine. The amendment (No. 1510) was agreed would codify the current moratorium Ms. COLLINS. Madam President, the to. that is in place. I commend the major- next amendment is one from Senator Mr. LIEBERMAN. Madam President, ity Senators for extending that mora- PORTMAN. It is No. 1505. It is truly a I move to reconsider the vote. torium, but let’s just codify this now, technical amendment. I do not believe Ms. COLLINS. I move to lay that mo- put this in place, and end this process it needs a rollcall vote. I would sug- tion upon the table. that lacks any transparency. This is a gest, with the concurrence of the chair- The motion to lay upon the table was surgical point of order that would not man, that we vitiate the yeas and nays agreed to. be held against the entire bill but, and adopt it by a voice vote. AMENDMENT NO. 1498 rather, just the specific earmark. Mr. LIEBERMAN. Madam President, The PRESIDING OFFICER. There Unlike the next amendment, which I have no objection. will now be 2 minutes of debate equally would allow earmarks on authorization

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.040 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S303 bills and would permit, for instance, Union speech. The time has come to spent through competitive grant programs earmarking of the ‘‘bridge to nowhere’’ end this practice once and for all, per- or by states into specific projects favored by and would only forbid earmarks on ap- manently. an individual member. So, for example, if a Let me be clear, both Republicans member of the Nevada delegation succeeded propriations bills, this would be a ban in getting a $2 million earmark to build a bi- on earmarks of all kinds. and Democrats have been guilty of cycle trail in Elko in 2005, then that $2 mil- Some suggest that we would be wasting valuable taxpayer dollars on lion would be taken out of the $254 million ceding our constitutional control of these pet projects. And as the morato- allocated to the Nevada Department of the purse strings. This is clearly not rium on earmarking expires at the end Transportation (DOT) for that year. So if Ne- true. Most of all government spending of this year, we must move forward vada had wanted to spend that money fixing is not earmarked. Most discretionary with a permanent ban to protect the a highway in rapidly expanding Las Vegas, spending is not earmarked. That American taxpayer. thanks to the earmark, they would now be out of luck. doesn’t mean we have ceded our au- Let me remind my colleagues about thority to the executive branch. The our current fiscal situation. Our Na- If we want to show the American fact is, we define the terms and the tional debt now stands at over $15 tril- public that we are really serious about rules under which the spending can lion and our deficit stands at $1.3 tril- preventing corruption in Congress than we owe it to the American people to occur. That is appropriate, but it ought lion. In fact, this is the fourth year in completely ban all earmarks in Con- to happen under scrutiny and should be a row with deficits over a trillion dol- gress. Senator TOOMEY’s amendment subject to full review. lars. Unemployment in our country proposes to do just that and I encour- The PRESIDING OFFICER. The Sen- stands at 8.5 percent and according to age my colleagues to support his ator’s time has expired. CBO, unemployment is expected to re- The Senator from Hawaii. amendment. main above 8 percent until 2015. Given Mr. TOOMEY. Madam President, I Mr. INOUYE. Madam President, this these dismal economic numbers, are we ask for the yeas and nays. amendment does not save any money. prepared to tell the American people The PRESIDING OFFICER. Is there a It does not reduce the deficit. It simply that we want to go back to the corrupt sufficient second? There is a sufficient gives additional power to the President practice of earmarking and spend their second. and thereby weakens the legislative hard-earned tax dollars on pork barrel The Senator from Oklahoma. branch. projects that have little purpose other Mr. INHOFE. Madam President, I The reality is that without these ear- than to improve the re-election pros- wanted to inquire, is there any time re- marks, we find ourselves at the mercy pects of their authors? maining? of bureaucrats to ensure that our local Some of my colleagues are ‘‘happy’’ The PRESIDING OFFICER. There is needs are fulfilled. No one in this with their earmarking pasts and have no time remaining. Chamber believes that a bureaucrat justified carrying on the practice by Mr. INHOFE. Madam President, I ask here in Washington knows better or saying that they only account for a unanimous consent that I be recog- understands the needs of their home small percentage of our annual budget. nized for 1 minute. State as well as they do. That may be the case—but is that real- The PRESIDING OFFICER. Without So I say again, Madam President, the ly reason enough to continue a practice objection, so ordered. voluntary moratorium is now 100 per- that breeds corruption? I am very Mr. DURBIN. Reserving the right to cent successful. It will continue in fis- aware that earmarks consume a very object. I withdraw that reservation. cal year 2013. small percentage of a budget measured Mr. TOOMEY. Madam President, re- I urge my colleagues to vote against in the trillions. But given the serious serving the right to object, if the Sen- the Toomey amendment. problems confronting American fami- ator will grant 1 minute on his amend- Mr. MCCAIN. Mr. President, I come lies, many of whom wake up every ment, then I will not object. The PRESIDING OFFICER. Without to the floor today to speak in support morning wondering if they will lose of Senator TOOMEY’s amendment to objection, it is so ordered. their job or their house, it is appalling The Senator from Oklahoma. permanently ban the use of earmarks that Congress will not stir itself to re- in Congress. The underlying bill, the Mr. INHOFE. Madam President, first linquish any of its self-serving preroga- of all, I appreciate the opportunity to STOCK Act, was designed to end a cor- tives in solidarity with the people we rupt practice in Congress. I fully sup- be heard. serve, who have had to tighten their I agree with what the author, Sen- port that goal. But if we are serious own budgets, change their spending ator TOOMEY, is trying to do in terms about ending corruption in Congress, habits and restrain their ambitions. It of what most people think of as an ear- then we must begin by permanently is all the more offensive given that we mark. The problem is this: You can banning earmarks. It is my belief that have had in recent times all the evi- vote for this if you are voting for and these two issues go hand and hand. dence we should require to understand are against all earmarks as it is de- One of the most blatant examples of that earmarks are so closely tied to fined. It depends on how you do it. In the corruption that stems from ear- acts of official corruption. the House, it is defined, under their marking is the case of former U.S. Rep- In a report titled ‘‘Why Earmarks rules, and it has been defined here as resentative Randy Cunningham who Matter’’ The Heritage Foundation any type of appropriation or authoriza- now sits in a Federal penitentiary wrote: tion. I would suggest to you, if you get today for selling earmarks. Among the They Invite Corruption: Congress does the Constitution and look up article I, $2.4 million in bribes Cunningham ad- have a proper role in determining the rules, section 9, it says that is what we are mitted receiving were the sale of his eligibility and benefit criteria for federal supposed to be doing here. house at an inflated price, the free use grant programs. However, allowing law- So if I knew that my next amend- of a yacht, a used Rolls-Royce, antique makers to select exactly who receives gov- ment would pass, which defines an ear- furniture, Persian rugs, jewelry, and a ernment grants invites corruption. Instead mark as an appropriation that has not of entering a competitive application process $2,000 contribution for his daughter’s been authorized, which I know Senator college graduation party. In return, he within a federal agency, grant-seekers now often have to hire a lobbyist to win the ear- TOOMEY and several others agree would earmarked untold millions of dollars mark auction. Encouraged by lobbyists who be a good idea, then I would be whole- and pressured the Department of De- saw a growth industry in the making, local heartedly in support of this. So obvi- fense to award contracts to his co-con- governments have become hooked on the ously we should have had that vote spirators. earmark process for funding improvement first. So I would vote against this even Year after year I have been coming projects. though I agree with what they are try- to the Senate floor to speak out They Encourage Spending: While there ing to do. But my next amendment is may not be a causal relationship between the against the corrupt practice of Con- going to be the one that is necessary. gressional earmarking and I have been two, the number of earmarks approved each year tracks closely with growth in Federal The PRESIDING OFFICER. The Sen- joined by many of my colleagues such spending. ator’s time has expired. as Senators COBURN and MCCASKILL. They Distort Priorities: Many earmarks do The question is on agreeing to the Even President Obama called for a ban not add new spending by themselves, but in- amendment. This amendment has a 60- on earmarks in last year’s State of the stead redirect funds already slated to be vote threshold.

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.042 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S304 CONGRESSIONAL RECORD — SENATE February 2, 2012 The clerk will call the roll. We have been fighting this battle McCain Pryor Toomey The assistant legislative clerk called since 1816, and it is time we end it. This McCaskill Reed Udall (CO) McConnell Reid Udall (NM) the roll. is a way of doing it, merely defining it Menendez Risch Vitter Mr. KYL. The following Senator is as an earmark that hasn’t been author- Merkley Rockefeller Warner necessarily absent: the Senator from ized. I retain the remainder of my Mikulski Rubio Webb Moran Sanders Illinois (Mr. KIRK). time. Whitehouse Murray Schumer Wyden The PRESIDING OFFICER. Are there The PRESIDING OFFICER. The Sen- Nelson (NE) Shaheen any other Senators in the Chamber de- ator from Pennsylvania. Paul Tester siring to vote? Mr. TOOMEY. Madam President, I NOT VOTING—1 The result was announced—yeas 40, point out that the Constitution doesn’t Kirk nays 59, as follows: make a distinction between an author- The PRESIDING OFFICER. Under [Rollcall Vote No. 8 Leg.] izing committee and an appropriating YEAS—40 the previous order requiring 60 votes committee. I don’t think we ought to for the adoption of this amendment, Ayotte Graham Nelson (FL) be having the discussion and argument the amendment is rejected. Barrasso Grassley Paul over who gets the earmark and who Bennet Hagan Portman The Senator from Massachusetts. Boozman Hatch Risch doesn’t. It is the process that is flawed. Mr. BROWN of Massachusetts. Mr. Brown (MA) Heller Rubio It is the process that doesn’t have the President, I ask unanimous consent to Burr Isakson Snowe kind of scrutiny and the transparency Chambliss Johanns vitiate the 60-vote requirement thresh- Stabenow and is not subject to competition the Coats Johnson (WI) Thune old on amendment No. 1471 and amend- Coburn Kyl Toomey way it ought to be before taxpayer dol- ment No. 1483. Corker Lee Udall (CO) lars are spent. So my objection is to The PRESIDING OFFICER. Is there Cornyn McCain Vitter Crapo McCaskill this process wherever this occurs in the objection? DeMint McConnell Warner Senate or the House. Without objection, it is so ordered. Enzi Moran While I respect the intentions of my Mr. BROWN of Massachusetts. I NAYS—59 colleague from Oklahoma, I disagree would also ask unanimous consent to Akaka Gillibrand Murkowski with him. I suggest a ‘‘no’’ vote. have the yeas and nays by voice vote Alexander Harkin Murray Mr. INHOFE. Madam President, I fur- on amendment No. 1471 and amend- Baucus Hoeven Nelson (NE) ther say that after the stimulus bill, ment No. 1483 as well. Begich Hutchison Pryor all of the 102 most egregious votes last The PRESIDING OFFICER. Is there Bingaman Inhofe Reed Blumenthal Inouye Reid year—or earmarks, not one was a con- objection? Blunt Johnson (SD) Roberts gressional earmark. They were all bu- Without objection, it is so ordered. Boxer Kerry Rockefeller reaucratic earmarks. If we don’t do our AMENDMENT NO. 1471 Brown (OH) Klobuchar Sanders Cantwell Kohl constitutional job under article I, sec- Mr. BROWN of Massachusetts. Mr. Schumer Cardin Landrieu tion 9 of the Constitution, the Presi- President, further, before I yield to Sessions Carper Lautenberg dent will be doing our job. Senator MCCAIN, I would like to briefly Casey Leahy Shaheen Cochran Levin Shelby The PRESIDING OFFICER. The Sen- set up amendment No. 1471. Collins Lieberman Tester ator’s time has expired. The question is Fannie and Freddie have cost the Conrad Lugar Udall (NM) on agreeing to the amendment. American taxpayers billions of dollars. Coons Manchin Webb This year, they paid exorbitant bo- Durbin Menendez Whitehouse Mr. INHOFE. Madam President, I ask Feinstein Merkley Wicker for the yeas and nays. nuses to their executives. Franken Mikulski Wyden The PRESIDING OFFICER. Is there a I wish to commend Senator MCCAIN NOT VOTING—1 sufficient second? for his work on this very important issue and his leadership, and I encour- Kirk There is a sufficient second. age everybody to vote yes on it. The PRESIDING OFFICER. Under The yeas and nays are ordered. The clerk will call the roll. I now yield to Senator MCCAIN. the previous order, requiring 60 votes The PRESIDING OFFICER. The Sen- The legislative clerk called the roll. for the adoption of this amendment, ator from Arizona. Mr. KYL. The following Senator is the amendment is rejected. Mr. MCCAIN. Mr. President, I don’t Mr. LIEBERMAN. Madam President, necessarily absent: the Senator from have anything more to say. On behalf Illinois (Mr. KIRK). I move to reconsider the vote, and I of myself and Senator ROCKEFELLER, I move to lay that motion on the table. The PRESIDING OFFICER (Mr. offer this amendment. The motion to lay on the table was MANCHIN). Are there any other Sen- I yield the floor. agreed to. ators in the Chamber desiring to vote? Mr. LIEBERMAN. Through the AMENDMENT NO. 1500 The result was announced—yeas 26, Chair, I was going to ask my friend The PRESIDING OFFICER. Under nays 73, as follows: from Arizona if he is feeling all right. the previous order, there will now be 2 [Rollcall Vote No. 9 Leg.] The PRESIDING OFFICER. The Sen- minutes of debate equally divided, with YEAS—26 ator looks just fine. 1 minute controlled by the Senator Alexander Corker Portman Mr. LIEBERMAN. He does. from Pennsylvania, Mr. TOOMEY, on Begich Graham Roberts The PRESIDING OFFICER. Is there amendment No. 1500, offered by the Blunt Hutchison Sessions further debate? If not, the question is Boxer Inhofe Senator from Oklahoma, Mr. INHOFE. Shelby on agreeing to the amendment. Brown (MA) Isakson This amendment is also subject to a 60- Snowe The amendment (No. 1471) was agreed Casey Kohl Stabenow vote threshold. Chambliss Kyl Thune to. Mr. INHOFE. Madam President, I Cochran Murkowski Wicker Mr. BROWN of Massachusetts. Mr. have the utmost respect for Senator Collins Nelson (FL) President, I move to reconsider the TOOMEY and what he is trying to do. To NAYS—73 vote. me, this amendment is compatible Akaka Conrad Hoeven Mr. LIEBERMAN. I move to lay that with what he is trying to do. It merely Ayotte Coons Inouye motion on the table. defines an earmark as an appropriation Barrasso Cornyn Johanns The motion to lay on the table was Baucus Crapo Johnson (SD) that has not been authorized. Bennet DeMint Johnson (WI) agreed to. My junior Senator said on the Senate Bingaman Durbin Kerry The PRESIDING OFFICER. The Sen- floor a year ago that, in a way that is Blumenthal Enzi Klobuchar ator from Vermont. Boozman Feinstein Landrieu AMENDMENT NO. 1483 good, because if a bad earmark comes Brown (OH) Franken Lautenberg up, we have two shots at it—one on au- Burr Gillibrand Leahy Mr. LEAHY. Mr. President, am I cor- thorization and one on appropriation. Cantwell Grassley Lee rect that amendment No. 1483, the Senator TOOMEY, Senator MCCAIN, and Cardin Hagan Levin Leahy-Cornyn amendment, is next? Carper Harkin Lieberman others have been supportive of the idea Coats Hatch Lugar The PRESIDING OFFICER. The that we should go back to authorizing. Coburn Heller Manchin amendment is now pending.

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.016 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S305 SECTIONS 205 AND 211 corruption. In fact, in Skilling v. information’’ and made sure we did so Mr. LEVIN. Mr. President, Senator United States, the Supreme Court in- in such a way that our definition would LEAHY and Senator CORNYN have intro- vited Congress to criminalize undis- apply only to the precise section of the duced a rather substantial amendment closed self-dealing in the specific and Criminal Code where the new undis- to the STOCK Act that would strength- narrowly tailored way we do today. closed self-dealing provision will ap- en the tools that prosecutors and in- Mr. LEVIN. Does this amendment pear. vestigators use to detect and prosecute create the potential for arbitrary or Mr. LEVIN. One question that has corruption by public officials. I would politically motivated prosecutions of arisen is whether the definition of like to ask my colleagues a few clari- local officials? ‘‘material information’’ in the new fying questions about how their Mr. LEAHY. No, it does not. Crimi- Criminal Code section your amend- amendment achieves this laudable nal liability only attaches when the ment creates is intended to or could af- goal. public official acts with fraudulent in- fect other parts of the STOCK Act Mr. LEAHY. We would be happy to tent and does so in knowing violation since the same term also appears in a answer the Senator’s questions. of existing rules and regulations. very different context in other parts of Mr. LEVIN. My first question refers Mr. LEVIN. Why isn’t there a mag- the bill. to section 205 of your amendment, cov- nitude requirement for the financial Mr. LEAHY. Our definition will have ering bribery and graft. What is the interest underlying undisclosed self- no effect on the term ‘‘material infor- purpose of including the phrase dealing? If one just reads this section, mation’’ as it appears in other parts of ‘‘former public official’’? How is it pos- it appears as though even a trivial, at- the STOCK Act because it is drafted to sible to bribe a former public official? tenuated financial benefit could lead to apply only to the new Criminal Code Mr. LEAHY. You cannot bribe a a violation. provision and not to other criminal former public official, at least not Mr. LEAHY. A trivial, attenuated fi- laws or the Federal securities laws. On under the terms of this amendment. nancial benefit could not lead to this page 12, line 11 of amendment 1483, it Section 205 does ensure that when a violation because the public official says ‘‘definitions—as used in this sec- public official accepts a bribe in return must still act knowingly and with tion:’’ and then provides a set of defini- for taking an official act, the official fraudulent intent to receive the ben- tions which includes ‘‘material infor- cannot escape liability by leaving pub- efit, and they must do so in violation mation.’’ That provision very clearly lic service before the bribe is received of existing law. For example, if State applies the definition only to that new or discovered. ethics rules do not require disclosure of Criminal Code section, not to the rest Mr. LEVIN. Under section 205, an ‘‘of- financial interests below a certain of title 18, to the remainder of the ficial act’’ can refer to any matter threshold, then undisclosed self-deal- STOCK Act, or to Federal securities which may ‘‘at any time be pending.’’ ing—even with fraudulent intent— law. In fact, this language was drawn What prevents this definition from below that threshold could not be from S. 401, the Leahy-Cornyn Public being overbroad and covering matters charged under this statute. Moreover, Corruption Prosecutions Improvement that a former public official, for exam- the amendment requires the public of- Act, and it is the legislative history of ple, never anticipated would be pend- ficial to act for the purpose of bene- that bill and not that of the STOCK ing? fiting a financial interest. Act, that will apply when our amend- Mr. LEAHY. The former public offi- Mr. LEVIN. Suppose a local official ment is interpreted. cial must accept the bribe or gratuity has not disclosed, as required by a local Mr. LEVIN. I thank the Senator for ‘‘for or because of’’ the official act. If ordinance, that he owns a home in a that clarification. In addition to the the public official does not know that a targeted improvement district in his precise wording of amendment 1483 and matter is pending, the public official county. Then this official votes to in- clear congressional intent that the cannot accept a bribe ‘‘for or because’’ stall street lights in his town, which phrase used in the new Criminal Code of it. lowers crime, improves commerce, and section not be imported to Federal se- Mr. LEVIN. Section 205 also refers to consequently increases the value of his curities law, the definition actually an official’s ‘‘place of trust and profit.’’ and other homes. Has he committed a used in your amendment has no appli- What is a ‘‘place of trust and profit’’? Federal offense? cability or relevance to the materiality Mr. LEAHY. This phrase is in the Mr. LEAHY. No, the local official has considerations that arise in insider current bribery and gratuities statute not committed a Federal offense in the trading cases. and has been part of the law for dec- hypothetical you describe. Criminal li- I ask Senator CORNYN, does he agree ades. Our amendment does not change ability under Federal law only exists if with Senator LEAHY regarding our dis- its definition or the scope of its use. It the official knowingly fails to disclose cussion of the amendment? appears in section 205 because of the the interest and further intentionally Mr. CORNYN. I agree. way that the amendment is drafted, acts to benefit that financial interest Mr. LEVIN. I thank both of my col- and it is interpreted consistent with and does so with the fraudulent intent leagues for working with me to address the extensive body of case law on cor- required of the mail and wire fraud my questions about the Leahy-Cornyn ruption. statute. In the hypothetical you de- amendment. Mr. LEVIN. I thank my colleague. scribe, there is no fraud and therefore Mr. COBURN. Mr. President, I rise to Turning to section 211 of your amend- no criminal activity. express my concerns about amendment ment, the ‘‘Prohibition on Undisclosed Mr. LEVIN. I thank my colleague for No. 1483 to the STOCK Act. While we Self-Dealing By Public Officials,’’ what his helpful explanation. There is one all oppose public corruption and recog- is purpose of codifying this prohibi- more issue I would like to discuss. Sec- nize the need for tough laws in this tion? tion 211 of your amendment includes a area, I believe this amendment may Mr. LEAHY. Without this codifica- definition of ‘‘material information.’’ I blur the line between innocent behav- tion, there is no Federal law prohib- want to be absolutely clear that this ior and criminal public corruption of- iting certain public officials from act- definition is specific to section 211 and fenses. This amendment expands the ing in their own financial interest, at is in no way intended to provide any Federal criminal gratuities statute to the expense of the public, and in viola- meaning to the phrase ‘‘material infor- cover the gift of anything of value, tion of existing State and local law. mation’’ as used elsewhere in the over $1,000, that is given to a public of- Mr. LEVIN. Why is it necessary to STOCK Act or anywhere else in law. ficial simply because of their status as make it a Federal crime for a local of- Mr. LEAHY. Senator CORNYN and I a public official. A unanimous Supreme ficial to engage in undisclosed self- worked hard to ensure that our amend- Court in United States v. Sun-Diamond dealing? ment addresses the issue of undisclosed Growers of California interpreted the Mr. LEAHY. This is an area where self-dealing in a narrow and precise honest services law to require the gov- there is a particular Federal interest manner. To make sure there are no am- ernment to actually prove a link be- because if the corrupt official is in biguities in the updated honest services tween the thing of value given and the State or local law enforcement, there statute our amendment creates, we specific act. The Court said the thing may be no other way to ferret out the carefully defined the term ‘‘material of value must be given ‘‘for or because

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.045 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S306 CONGRESSIONAL RECORD — SENATE February 2, 2012 of’’ an official act. I am concerned that This amendment will provide inves- corruption, but a mayor who conceals expanding the crime to include items tigators and prosecutors with the tools his interest in a company, awards a given merely on the basis of the public they need to hold officials at all levels contract, and secretly makes $1 million official’s status goes too far and crim- of government accountable when they out of the deal likely cannot be pros- inalizes some legitimate conduct. act corruptly by closing legal loop- ecuted. A contracting officer who ac- However, my primary concern with holes. This amendment, which reflects cepts thousands of dollars in gifts from this amendment is the section that a bipartisan, bicameral agreement, will a frequent bidder hoping for favorable gives the Federal Government the au- strengthen and clarify key aspects of treatment on some unspecified future thority to interpret, prosecute, and en- Federal criminal law and help inves- contract likely cannot be prosecuted. force State and local laws. I believe tigators and prosecutors attack public The Department of Justice has been this provision violates the basic prin- corruption nationwide. The Senate Ju- dismissing counts and cases because of ciples of federalism embodied in our diciary Committee has now reported these gaps in the law. It is time to fix Constitution. Amendment No. 1483 ex- this bill with bipartisan support in them. pands the definition of ‘‘scheme or arti- three successive Congresses. The House If we are serious about addressing the fice to defraud’’ in Federal criminal Judiciary Committee recently reported kinds of egregious misconduct that we law to include the ‘‘undisclosed self- a companion bill unanimously. It is have witnessed in recent years in high- dealing’’ of an ‘‘officer, employee, or time for Congress to act to pass serious profile public corruption cases, Con- elected or appointed representative, or anti-corruption legislation. gress should enact meaningful legisla- person acting for or on behalf of the Importantly, the amendment in- United States, a State, or a subdivision tion to give investigators and prosecu- cludes a fix to reverse a major step tors the tools they need to enforce our of a State, or any department, agency backward in the fight against fraud or branch of government.’’ The amend- laws. Public corruption erodes the and corruption. In Skilling v. United ment defines ‘‘undisclosed self-dealing’’ faith the American people have in States, the Supreme Court sided with a as an official act that furthers or bene- those who are given the privilege of former executive from Enron and fits a financial interest of the official public service. This amendment will greatly narrowed the honest services or certain family members and associ- help us to take real steps to restore ates of the official. Undisclosed self- fraud statute, a law that has been used confidence in government by rooting dealing also occurs when the official for decades as a crucial weapon to com- out criminal corruption. knowingly falsifies, conceals, or covers bat public corruption and self-dealing. The PRESIDING OFFICER. The Sen- up material information that is re- The Court’s decision leaves corrupt ator from Texas. quired to be disclosed by any Federal, conduct unchecked. Most notably, the Mr. CORNYN. Mr. President, I hope State, or local statute, rule, regula- Court’s decision would leave open the our colleagues will support this amend- tion, or charter or the knowing failure opportunity for state and Federal pub- ment that Senator LEAHY and I have to disclose material information in a lic officials to secretly act in their own worked on. This is an expansion of our manner that is required by a Federal, financial self-interest, rather than in Public Corruption and Prosecution Im- State, or local statute, rule, regula- the interest of the public. This amend- provements Act which passed the Judi- tion, or charter. Thus, this provision ment closes this gaping hole in our ciary Committee last year. makes it a Federal crime for a State or anti-corruption laws. Mr. President, I am proud to co-spon- The amendment includes several local official to fail to comply with a sor this important amendment with other provisions designed to tighten State or local law, including the mere Senator PATRICK LEAHY, the distin- existing law. It fixes the gratuities filing requirements of State or local- guished chairman of the Judiciary statute to make clear that public offi- ity. This provision gives the Federal Committee. cials must not be bought. It reaffirms Government the power to enforce State Our amendment is drawn from bipar- that public officials may not accept and local laws. tisan, bicameral legislation—including anything worth more than $1,000, other I do not believe our Founders in- our Public Corruption Prosecution Im- than what is permitted by existing tended for Federal prosecutors to be provements Act, which passed the Ju- rules and regulations, given to them able to bring Federal criminal cases diciary Committee last year. against State or local officials based on because of their official position. It Public corruption is not a Republican that official allegedly breaking or fail- strengthens key sentences and gives or Democratic problem. It is a Wash- ing to comply with a State or local prosecutors and investigators time to ington, DC, problem. And it is a prob- law, and the Founders did not intend make complex and difficult cases. lem in statehouses and city halls for Federal judges and Federal courts As a former State prosecutor, I am across this country. Our citizens de- to be interpreting the State or local sensitive to the dangers of creating too serve to be governed by the rule of law, laws, expect in limited circumstances. many Federal crimes. In the area of not the rule of man. Unfortunately, Corruption of State and local officials public corruption, however, sometimes human nature being what it is, a few is a serious problem, but it is not the it is only the Federal government that rotten apples have a tendency to spoil Federal Government’s problem to can effectively pursue complex corrup- solve. For these other reasons, I oppose tion matters. Conflicts and relation- the bunch. this amendment in its current form. ships can make it difficult for State The amendment we will vote on Mr. LEAHY. Mr. President, the and local law enforcement, and these today will strengthen the enforcement Leahy-Cornyn amendment is drawn matters can require extensive re- of U.S. Federal laws aimed at com- from our Public Corruption Prosecu- sources that cannot be diverted from bating betrayals of public dollars and tion Improvements Act. Our bill has hard-pressed local budgets. This Fed- the public trust. Our amendment does been supported by the United States eral law stands as a backstop to help this by making clarifications to public Department of Justice in a March 2009 ensure against public corruption. corruption laws and by giving prosecu- letter, and this amendment is sup- I also know how important it is that tors precise tools to use in their battle ported by the National Taxpayers our criminal laws be fair and precise, against corrupt officials. Union, the FBI Agents Association, the giving sufficient notice to those who Our amendment increases the max- National Association of Assistant may break the law. It is in that spirit imum punishments on several offenses, United States Attorneys, the non- that Senator CORNYN and I, working including theft and embezzlement of partisan Campaign Legal Center, the with Congressmen SENSENBRENNER and federal funds, bribery, and a number of League of Women Voters, Citizens for QUIGLEY, have refined this legislation. corrupt campaign contribution prac- Responsibility and Ethics in Wash- We have made it careful and precise tices. For example, it cracks down on ington, Common Cause, and Democracy and built in important safeguards. This theft or bribery related to entities that 21. I am working with Senator CORNYN, amendment will only target corrupt receive Federal funds, by increasing the lead Republican cosponsor of our conduct. the maximum sentence for a convic- bill and this amendment. We thank Right now, a mayor who takes a tion from 10 to 15 years and lowering Senators CASEY and KIRK for cospon- $1,000 payment to award a contract to a the threshold that prosecutors must soring this amendment. specific company can be prosecuted for prove, from $5,000 to $1,000.

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.046 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S307 It also clarifies the law in response to ute to reach corrupt conduct—i.e., un- ready exists. Senator HATCH and I have several court decisions narrowly inter- disclosed self-dealing—that Congress also introduced legislation to create an preting the public corruption statutes. intended to be part of the criminal law. official ‘‘Unauthorizing Committee’’ For example, the bill revises the defini- Some opponents of this amendment that would reinstitute a committee in tions of ‘‘illegal gratuities’’ and ‘‘offi- believe that we should repeal portions Congress to rid our government of out- cial acts,’’ clarifying that an entire of current law so that the Federal gov- dated and ineffective laws. ‘‘course of conduct’’ can be the result ernment has no role whatsoever in In the next few weeks, the GAO will of bribery. rooting out public corruption at the release a report showing the extent of Federal investigators who seek to State and local level. I fundamentally the wasteful and duplicative programs root out corrupt officials will benefit disagree. in the federal government. It shows from new tools provided in this legisla- Consider the all-too-common case of that too often Congress focuses on cre- tion. The bill would extend the statute a corrupt State governor or State ating new programs and regulations of limitations on certain serious public judge that local prosecutors are loathe while neglecting our important role of corruption offenses, giving prosecutors to indict—or even investigate—for fear overseeing and reforming existing laws. more time to investigate and build a of reprisal. Our amendment would require that any case. Finally, I have heard some ask: new bill that is reported from com- And it expands the criminal venue Would this legislation criminalize the mittee contain an analysis from the provisions, allowing prosecutors to giving of baseball caps, jerseys, or Congressional Research Service deter- bring the case against corrupt officials other ceremonial gifts to Members of mining if the bill creates any new fed- in any district where some part of the Congress? eral program, office, or initiative that corruption occurred. The bill similarly The answer is very simple: No, it would overlap existing programs. Oppo- expands the venue for perjury and ob- would not. nents worry that this amendment will struction of justice. First, the amendment would only slow the legislative process, but I be- I would like to take a minute or two apply to status gratuities worth more lieve that we must first pursue in- to address concerns that I have heard, than $1,000. Second, the amendment formed legislating and efficient govern- including from some on my side of the would also require prosecutors to prove ment. aisle. that the government official in ques- Senator COBURN and I don’t always One criticism I have heard is that tion knowingly accepted the illegal agree on the reach of government and this legislation ignores federalism gratuity in violation of the relevant the investments we ought to make, but principles. ethics rules or regulations governing we agree that our government ought to This concern is directed at a portion their conduct. be smart, it ought to be efficient, and of the amendment clarifying that the I urge my colleagues to support the we shouldn’t have duplication. This mail and wire fraud statute applies to amendment. I look forward to engaging amendment would see us to that goal. any public official who uses the inter- with any of my colleagues who have Sixty-three of us voted for this amend- state mails or wires to advance a fraud- concerns or questions. ment last year. Let’s get 63 votes and ulent scheme involving illegally undis- I thank Chairman LEAHY for his lead- more. closed self-dealing. ership on this and other legislation we The PRESIDING OFFICER. The Sen- The Supreme Court has interpreted have crafted together. I yield the floor. ator from Connecticut. the mail and wire fraud statutes more The PRESIDING OFFICER. The Sen- Mr. LIEBERMAN. Mr. President, I narrowly—asking that Congress clarify ator from Connecticut. respectfully oppose the amendment put the definition of illegally undisclosed Mr. LIEBERMAN. Mr. President, I in by my two friends. This would self-dealing. wish to briefly thank the Senators amend the Senate rules to make it out Under this amendment, the Federal from Vermont and Texas for this of order for the Senate to proceed to government would only be able to pros- amendment. It strengthens the bill, as any bill or joint resolution unless the ecute State officials where they can does the preceding amendment offered committee of jurisdiction has posted show, beyond a reasonable doubt, that by Senator MCCAIN, and I urge its on its Web site a CRS analysis of the State official in question had adoption. whether the bill would create a new knowingly or intentionally violated The PRESIDING OFFICER. The program, office, or initiative that du- relevant State laws concerning the dis- question is agreeing to the amendment. plicates or overlaps an existing one. So closure of material financial interests. The amendment (No. 1483) was agreed it sounds pretty good on the surface, In other words, this legislation ex- to. but there are two problems. One is that pressly defers to the States to deter- AMENDMENT NO. 1473 CRS tells us it would be hard-pressed mine what financial disclosures their The PRESIDING OFFICER. There to carry out this responsibility, cer- public officials should be required to will now be 2 minutes of debate equally tainly in a timely manner. The second make. divided on the Coburn amendment. results from the first, which is that Additionally, this provision would re- The Senator from Oklahoma. this would be another way to slow leg- quire the Federal government to show Mr. COBURN. This is a simple, bipar- islation because it did not yet have the that the State official in question had tisan amendment, and we have voted CRS analysis. engaged in an official act for the mate- on an identical amendment before, 63 A final point is this: The committees rial purpose of benefitting the illegally yeas, 33 nays. My colleague, the Sen- of jurisdiction ought to be making concealed financial interest that they ator from Colorado, has been gracious their own judgment and probably know knowingly or intentionally failed to enough to support this amendment. better than CRS whether they are cre- disclose. This is straightforward. We just need ating a new program that duplicates or Finally, the Federal government to know what we are doing when we do overlaps an existing one. would have to show that the course of it. It requires the CRS to show us if we So, respectfully, I would urge a ‘‘no’’ conduct included a constitutionally- have duplicated anything before a bill vote. sufficient federal nexus via use of the comes before the Senate. Mr. COBURN. Mr. President, I ask interstate mails or wires to perpetrate I yield to my colleague from Colo- unanimous consent for an additional 30 the fraud. rado. seconds. As for federalism principles gen- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without erally, it is important to note that, ator from Colorado. objection, it is so ordered. under current law, the Federal govern- Mr. UDALL of Colorado. Mr. Presi- Mr. COBURN. I have the greatest re- ment still has the authority to pros- dent, I rise in support of amendment spect for my chairman on homeland se- ecute corrupt State officials for brib- No. 1473. Senator COBURN and I have in- curity. I love him dearly. ery and kickback schemes under the troduced this critical amendment to GAO has already told us we are not mail and wire fraud statutes. curb Congressional temptations to cre- doing our job. The first study of the This amendment simply updates and ate more programs, laws and regula- Federal Government showed $100 bil- clarifies the honest services fraud stat- tions, without first analyzing what al- lion worth of duplication. The second

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.019 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S308 CONGRESSIONAL RECORD — SENATE February 2, 2012 study is coming. CRS will have this who serve in Congress, but we must re- Isakson McConnell Sanders Johnson (SD) Menendez Schumer easy because GAO will have already assure Americans that we are here to Kerry Merkley Shaheen shown them where all the duplication serve them and not ourselves. Con- Klobuchar Mikulski Shelby is. gressmen and Senators have lots of Kohl Murkowski Snowe The PRESIDING OFFICER. The power and we know that power cor- Kyl Murray Stabenow Landrieu Nelson (NE) Tester question is on agreeing to the amend- rupts. The longer we stay in office the Lautenberg Nelson (FL) Udall (CO) ment. more power we have. Unfortunately, we Leahy Pryor Udall (NM) Mr. COBURN. Mr. President, I ask have seen that power, over a period of Levin Reed Warner for the yeas and nays. Lieberman Reid Webb time, creates more opportunity and Lugar Risch Whitehouse The PRESIDING OFFICER. Is there a temptation for us to benefit ourselves McCain Roberts Wicker sufficient second? rather than our constituents. McCaskill Rockefeller Wyden There is a sufficient second. All of the cases of corruption and NOT VOTING—1 This amendment does require a two- bribery I have seen unfortunately come Kirk thirds threshold. from more senior Members. No offense The clerk will call the roll. to my senior Members, please. But this THE PRESIDING OFFICER. Under The assistant legislative clerk called is one of many reasons why we should the previous order requiring 60 votes the roll. have term limits in Congress. for the adoption of this amendment, the amendment is rejected. Mr. KYL. The following Senator is My amendment is not a statute. It is necessarily absent: the Senator from a sense of the Senate that says we AMENDMENT NO. 1493 Illinois (Mr. KIRK). should have some form of constitu- Under the previous order, there will The yeas and nays resulted—yeas 60, tional limit on our terms in office. We be 2 minutes of debate, equally divided, nays 39, as follows: are not specific in the number of years, prior to a vote in relation to amend- [Rollcall Vote No. 10 Leg.] the number of terms. It is a sense of ment No. 1493 offered by the Senator YEAS—60 the Senate that we should have some from Iowa. This amendment is subject Alexander Graham Murkowski limit on the amount of time we serve. to a 60-vote threshold. Ayotte Grassley Nelson (NE) I encourage my colleagues to at least The Senator from Iowa. Barrasso Hatch Nelson (FL) support this and get the debate started. Mr. GRASSLEY. This is a good gov- Begich Heller Paul I yield the floor. ernment amendment. Similar to the Bennet Hoeven Portman underlying piece of legislation, it is a Blunt Hutchison Pryor The PRESIDING OFFICER. The Sen- good government amendment. The Boozman Inhofe Risch ator from Illinois. Brown (MA) Isakson Roberts manager is going to tell you it ought Mr. DURBIN. Mr. President, for some Burr Johanns Rubio to be studied a little bit longer. We Casey Johnson (WI) Sessions Members of Congress, 2 years in office have gone for far too long not having Chambliss Klobuchar Shelby is too long. For some Members of Con- Coats Kyl Snowe enough transparency in government. gress, 20 years in office is not long Coburn Lee Stabenow What my amendment does is it takes enough. Who should make that deci- Cochran Lugar Tester these people whom you call political Collins Manchin Thune sion? The Constitution in its wisdom intelligence professionals and has them Corker McCain Toomey says the voters of America make that Cornyn McCaskill Udall (CO) register just like every lobbyist reg- decision. Let’s stand by that Constitu- Crapo McConnell Vitter isters, so it is totally transparent when DeMint Merkley Warner tion and its language and defeat this these people come around to get infor- Enzi Moran Wicker sense-of-the-Senate resolution. mation from you that they sell to NAYS—39 The PRESIDING OFFICER. The hedge funds. You will know who they question is on agreeing to the amend- Akaka Franken Menendez are. You don’t know that now, and Baucus Gillibrand Mikulski ment. transparency in government is very Bingaman Hagan Murray Mr. COBURN. I ask for the yeas and Blumenthal Harkin Reed important if you want accountability. Boxer Inouye Reid nays. For the Senators and their staffs who Brown (OH) Johnson (SD) Rockefeller The PRESIDING OFFICER. Is there a have to abide by these laws, they want Cantwell Kerry Sanders sufficient second? Cardin Kohl Schumer to make sure they are not doing any- Carper Landrieu Shaheen There is a sufficient second. thing unethical. They have to know Conrad Lautenberg Udall (NM) The clerk will call the roll. who these people are. They can come Coons Leahy Webb The legislative clerk called the roll. Durbin Levin Whitehouse around and ask us questions. I don’t Feinstein Lieberman Wyden Mr. KYL. The following Senator is know how many times each of us has necessarily absent: the Senator from NOT VOTING—1 maybe been caught up in this. You give Illinois (Mr. KIRK). them information, and they have infor- Kirk The PRESIDING OFFICER. Are there mation that people don’t have on Wall The PRESIDING OFFICER. On this any other Senators in the Chamber de- Street and they sell it. We ought to vote the yeas are 60, the nays are 39. siring to vote? know what we are being used for, and Two thirds of the Senators voting not The result was announced—yeas 24, this gives identity to these people. So I having voted in the affirmative, the nays 75, as follows: want these people registered like lob- amendment is rejected. [Rollcall Vote No. 11 Leg.] byists. The Senator from Connecticut. YEAS—24 The PRESIDING OFFICER (Mr. Mr. LIEBERMAN. Mr. President, I Ayotte Grassley Moran FRANKEN). The Senator from Con- move to reconsider the vote and I move Blunt Hatch Paul necticut. to lay that motion on the table. Boozman Heller Portman Mr. LIEBERMAN. Mr. President, The motion to lay on the table was Brown (MA) Hutchison Rubio there may be a problem. agreed to. Coburn Johanns Sessions Corker Johnson (WI) Thune Mr. GRASSLEY. There is a problem. AMENDMENT NO. 1488 DeMint Lee Toomey Mr. LIEBERMAN. But this amend- The PRESIDING OFFICER. Under Graham Manchin Vitter ment doesn’t fix it. In the bill before the previous order, there will be 2 min- NAYS—75 the committee, there was a provision utes of debate equally divided prior to Akaka Cantwell Crapo to bring so-called political intelligence a vote in relation to amendment No. Alexander Cardin Durbin under the Lobbying Disclosure Act. Po- 1488, offered by the Senator from South Barrasso Carper Enzi litical intelligence is defined as infor- Baucus Casey Feinstein Carolina, Mr. DEMINT. This amend- Begich Chambliss Franken mation which is intended for use in ment is subject to a 60-vote threshold. Bennet Coats Gillibrand analyzing securities or commodity Mr. DEMINT. Mr. President, it is un- Bingaman Cochran Hagan markets or information investment de- fortunate that the actions of a few Blumenthal Collins Harkin cisions, but what does that mean? Does Boxer Conrad Hoeven make it necessary for us to create Brown (OH) Coons Inhofe it apply to a retailer who wants to more rules for the many honest people Burr Cornyn Inouye open new stores and calls the Armed

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.051 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S309 Services Committee to see whether AMENDMENT NO. 1481 rity. This would be the first time I am there is a base that is going to be built The PRESIDING OFFICER. Under aware of that in the legislative branch in a particular neighborhood? Some the previous order, there will be 2 min- we would require divestment of per- would say yes; some would say no. Vio- utes of debate equally divided prior to sonal holdings. For that reason, I op- lation of the Lobbying Disclosure Act a vote in relation to amendment No. pose the amendment. carries civil and criminal penalties. We 1481, as modified, offered by the Sen- Remember, in the underlying bill we just felt we wanted to get the anti-in- ator from Ohio, Mr. BROWN. This have increased the public’s access to sider trading provision out quickly and amendment is subject to a 60-vote information about our holdings and our study this more. The bill calls for a threshold. transactions. Ultimately, that knowl- GAO study. The Senator from Ohio. edge ought to be enough to guarantee Senator COLLINS and I announced we Mr. BROWN of Ohio. Mr. President, the public or to energize the public to are going to hold a hearing on this the amendment Senator MERKLEY and make sure we are following the highest question. We need a little more time to I have proposed would require all Sen- ethical norms. Divestment, in my opin- do it thoughtfully. We are ultimately ators and their senior staff to sell indi- ion, is a step too far. dealing with first-amendment rights, vidual stocks that create conflicts or Ms. COLLINS. Mr. President, I ask and we ought not to legislate until we to place their investments in blind for the yeas and nays. are prepared to do so in a reasonable trusts. You can still invest in broad- The PRESIDING OFFICER. Is there a way. based mutual funds. You can keep your sufficient second? I ask my colleagues to oppose this ownership interest in your family farm There appears to be a sufficient sec- amendment. or small business. ond. Mr. GRASSLEY. Do I have time to If you are setting up a blind trust, The question is on agreeing to the tell the Senators not to vote for Wall you can instruct the trustee to hold on amendment. Street, vote for my amendment? to your stock in your family company. The clerk will call the roll. The PRESIDING OFFICER. There is Current Senate ethics rules require The legislative clerk called the roll. no time. The question is on agreeing to committee staff making more than Mr. KYL. The following Senator is the amendment. $25,000 a year to ‘‘divest [themselves] of necessarily absent: the Senator from Mr. GRASSLEY. I ask for the yeas any substantial holdings which may be Illinois (Mr. KIRK). and nays. directly affected by the actions of the The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Is there a committee for which [they work].’’ any other Senators in the Chamber de- sufficient second? All Senator MERKLEY and I are say- siring to vote? There appears to be a sufficient sec- ing is, Members of the Senate should The result was announced—yeas 26, ond. hold ourselves to the same standard we nays 73, as follows: The clerk will call the roll. already require of our committee staff [Rollcall Vote No. 13 Leg.] The legislative clerk called the roll. and executive branch employees. YEAS—26 Mr. KYL. The following Senator is As Senator MERKLEY said, baseball Blumenthal Klobuchar Sanders necessarily absent: the Senator from players cannot bet on their games. We Brown (MA) Levin Shaheen Illinois (Mr. KIRK). should not be able to hold stock in in- Brown (OH) Manchin Snowe The PRESIDING OFFICER. Are there Carper McCaskill Stabenow dividual companies and then vote on any other Senators in the Chamber de- Casey Menendez Udall (CO) issues that affect our holdings. Franken Merkley siring to vote? Udall (NM) I ask for a ‘‘yes’’ vote. Heller Murkowski Whitehouse The result was announced—yeas 60, Hutchison Pryor The PRESIDING OFFICER. The Sen- Wyden nays 39, as follows: Kerry Reed ator from Maine. [Rollcall Vote No. 12 Leg.] Ms. COLLINS. Mr. President, I yield NAYS—73 YEAS—60 half of the time in opposition to Sen- Akaka Durbin McConnell Alexander Enzi Mikulski Ayotte Graham Moran ator TOOMEY. Barrasso Grassley Murkowski Ayotte Feinstein Moran Begich Hatch Murray The PRESIDING OFFICER. The Sen- Barrasso Gillibrand Murray Bennet Heller Nelson (FL) ator from Pennsylvania. Baucus Graham Nelson (NE) Blunt Hoeven Paul Begich Grassley Nelson (FL) Mr. TOOMEY. Mr. President, I thank Bennet Hagan Boozman Hutchison Portman the Senator from Maine. Paul Brown (OH) Inhofe Reed Bingaman Harkin Portman Blunt Hatch Cantwell Isakson Roberts I disagree with the fundamental Reid Boozman Hoeven Cardin Johnson (WI) Rubio premise of this amendment. I do not Risch Carper Kerry Sanders Boxer Inhofe think we should all be forced to divest Burr Inouye Roberts Casey Klobuchar Sessions Rockefeller Chambliss Kohl Shelby ourselves of all of our holdings. But I Cantwell Isakson think it is worse than it was character- Cardin Johanns Rubio Coats Lautenberg Snowe Schumer Coburn Leahy Chambliss Johnson (SD) Stabenow ized by my friend from Ohio—worse in Sessions Corker Lugar Tester Coats Johnson (WI) the sense that, as I read the definition Shelby DeMint Manchin Thune Coburn Kohl Tester Enzi McCain Udall (CO) of the securities that would be covered Cochran Kyl Feinstein McCaskill Whitehouse and as the securities attorneys have Collins Landrieu Thune Franken Menendez Wicker advised us on this—we would be re- Conrad Lautenberg Toomey Gillibrand Merkley Wyden Coons Leahy Vitter quired to divest ourselves even of our Corker Lee Warner NAYS—39 investment in a small family-owned Cornyn Lieberman Webb Crapo Akaka Crapo Mikulski business, a business that, perhaps, has Lugar Wicker DeMint McCain Alexander Durbin Nelson (NE) absolutely no market whatsoever for Baucus Hagan Pryor NOT VOTING—1 Bingaman Harkin Reid the equity, and we would, nevertheless, Blumenthal Inouye Risch be forced to sell that where there is no Kirk Boxer Johanns Rockefeller buyer. The PRESIDING OFFICER. Under Brown (MA) Johnson (SD) Schumer I think that is a very unreasonable Burr Kyl Shaheen the previous order requiring 60 votes Cochran Landrieu Toomey standard, so I would urge a ‘‘no’’ vote for the adoption of this amendment, Collins Lee Udall (NM) on this amendment. the amendment, as modified, is re- Conrad Levin Vitter The PRESIDING OFFICER. The Sen- jected. Coons Lieberman Warner Cornyn McConnell Webb ator from Connecticut. Under the previous order, the sub- Mr. LIEBERMAN. Mr. President, I stitute amendment, as amended, is NOT VOTING—1 rise to oppose the amendment. This agreed to. Kirk amendment would take Congress from The bill was ordered to be engrossed The PRESIDING OFFICER. Under where we have always been and are for a third reading and was read the the previous order requiring 60 votes going to be after this law passes. In third time. for the adoption of this amendment, pursuit of disclosure and transparency, The PRESIDING OFFICER. Under the amendment is agreed to. sunshine is the best guarantee of integ- the previous order, there will now be 2

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.053 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S310 CONGRESSIONAL RECORD — SENATE February 2, 2012 minutes of debate equally divided prior Vitter Webb Wicker Government, and the citizens of the United to a vote on passage. Warner Whitehouse Wyden States with respect to material, nonpublic Mr. LIEBERMAN. Mr. President, this NAYS—3 information derived from such person’s posi- tion as a Member of Congress or employee of Bingaman Burr Coburn has been a good, open process. We had Congress or gained from the performance of a good bill that came in. We made it NOT VOTING—1 such person’s official responsibilities. better. I yield back the remainder of Kirk ‘‘(2) DEFINITIONS.—In this subsection— my time. ‘‘(A) the term ‘Member of Congress’ means The bill (S. 2038), as amended, was Ms. COLLINS. Mr. President, I am a member of the Senate or House of Rep- passed, as follows: pleased to have joined Chairman LIE- resentatives, a Delegate to the House of Rep- S. 2038 resentatives, and the Resident Commissioner BERMAN in helping bring this important from Puerto Rico; and bill to passage today. Be it enacted by the Senate and House of Rep- resentatives of the United States of America in ‘‘(B) the term ‘employee of Congress’ I would also like to single out Sen- Congress assembled, means— COTT ROWN ator S B of Massachusetts, SECTION 1. SHORT TITLE. ‘‘(i) an employee of the Senate; or who was the first Member of this body This Act may be cited as the ‘‘Stop Trad- ‘‘(ii) an employee of the House of Rep- to introduce legislation on this topic. ing on Congressional Knowledge Act of 2012’’ resentatives. His leadership in tirelessly moving this or the ‘‘STOCK Act’’. ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to impair bill forward has been indispensable. SEC. 2. DEFINITIONS. or limit the construction of the existing In this Act: Today, we confirm that Members of antifraud provisions of the securities laws or EMBER OF CONGRESS.—The term Congress are not exempt from the (1) M the authority of the Commission under those country’s insider trading laws. We have ‘‘Member of Congress’’ means a member of provisions.’’. the Senate or House of Representatives, a sent a strong message to the American SEC. 5. CONFORMING CHANGES TO THE COM- Delegate to the House of Representatives, MODITY EXCHANGE ACT. people that we affirm that we come to and the Resident Commissioner from Puerto Washington for public service, and not Section 4c(a) of the Commodity Exchange Rico. Act (7 U.S.C. 6c(a)) is amended— for private gain. (2) EMPLOYEE OF CONGRESS.—The term (1) in paragraph (3), in the matter pre- We have added several amendments ‘‘employee of Congress’’ means— ceding subparagraph (A)— today which I believe strengthened the (A) an employee of the Senate; or (A) by inserting ‘‘or any Member of Con- bill’s focus on transparency. We have (B) an employee of the House of Represent- gress or employee of Congress (defined in also extended several of its provisions atives. this subsection as those terms are defined in (3) EXECUTIVE BRANCH EMPLOYEE.—The to encompass all branches of the Fed- section 2 of the Stop Trading on Congres- term ‘‘executive branch employee’’— sional Knowledge Act of 2012)’’ after ‘‘Fed- eral Government. (A) has the meaning given the term ‘‘em- Again, I thank my colleagues for eral Government,’’ the first place it appears; ployee’’ under section 2105 of title 5, United (B) by inserting ‘‘Member,’’ after ‘‘position their hard work on the bill. And my States Code; and of the’’; and thanks to our hard-working staff. (B) includes— (C) by inserting ‘‘or by Congress’’ before The PRESIDING OFFICER. The (i) the President; ‘‘in a manner’’; and question is on passage of the bill, as (ii) the Vice President; and (2) in paragraph (4)— amended. (iii) an employee of the United States (A) in subparagraph (A), in the matter pre- Postal Service or the Postal Regulatory ceding clause (i)— Mr. CARDIN. Mr. President, I ask for Commission. the yeas and nays. (i) by inserting ‘‘or any Member of Con- (4) JUDICIAL OFFICER.—The term ‘‘judicial gress or employee of Congress’’ after ‘‘Fed- The PRESIDING OFFICER. Is there a officer’’ has the meaning given that term eral Government,’’ the first place it appears; sufficient second? under section 109(10) of the Ethics in Govern- (ii) by inserting ‘‘Member,’’ after ‘‘position There is a sufficient second. ment Act of 1978. of the’’; and The clerk will call the roll. SEC. 3. PROHIBITION OF THE USE OF NONPUBLIC (iii) by inserting ‘‘or by Congress’’ before INFORMATION FOR PRIVATE PROF- ‘‘in a manner’’; The bill clerk called the roll. IT. (B) in subparagraph (B), in the matter pre- Mr. KYL. The following Senator is The Select Committee on Ethics of the ceding clause (i), by inserting ‘‘or any Mem- Senate and the Committee on Standards of necessarily absent: the Senator from ber of Congress or employee of Congress’’ Official Conduct of the House of Representa- Illinois (Mr. KIRK). after ‘‘Federal Government,’’; and tives shall issue interpretive guidance of the The PRESIDING OFFICER (Mrs. (C) in subparagraph (C)— relevant rules of each chamber, including HAGAN). Are there any other Senators (i) in the matter preceding clause (i), by in- rules on conflicts of interest and gifts, clari- serting ‘‘or by Congress’’— in the Chamber desiring to vote? fying that a Member of Congress and an em- (I) before ‘‘that may affect’’; and The result was announced—yeas 96, ployee of Congress may not use nonpublic in- (II) before ‘‘in a manner’’; and nays 3, as follows: formation derived from such person’s posi- (ii) in clause (iii), by inserting ‘‘to Con- tion as a Member of Congress or employee of [Rollcall Vote No. 14 Leg.] gress, or any Member of Congress or em- Congress or gained from the performance of YEAS—96 ployee of Congress’’ after ‘‘Federal Govern- such person’s official responsibilities as a ment’’. Akaka Franken McConnell means for making a private profit. Alexander Gillibrand Menendez SEC. 6. PROMPT REPORTING OF FINANCIAL Ayotte Graham Merkley SEC. 4. PROHIBITION OF INSIDER TRADING. TRANSACTIONS. Barrasso Grassley Mikulski (a) AFFIRMATION OF NON-EXEMPTION.—Mem- (a) REPORTING REQUIREMENT.—Section 101 Baucus Hagan Moran bers of Congress and employees of Congress of the Ethics in Government Act of 1978 is Begich Harkin Murkowski are not exempt from the insider trading pro- amended by adding at the end the following Bennet Hatch Murray hibitions arising under the securities laws, subsection: Blumenthal Heller Nelson (NE) including section 10(b) of the Securities Ex- ‘‘(j) Not later than 30 days after any trans- Blunt Hoeven Nelson (FL) change Act of 1934 and Rule 10b–5 thereunder. Boozman Hutchison Paul action required to be reported under section Boxer Inhofe Portman (b) DUTY.— 102(a)(5)(B), the following persons, if required Brown (MA) Inouye Pryor (1) PURPOSE.—The purpose of the amend- to file a report under any other subsection of Brown (OH) Isakson Reed ment made by this subsection is to affirm a this section subject to any waivers and ex- Cantwell Johanns Reid duty arising from a relationship of trust and clusions, shall file a report of the trans- Cardin Johnson (SD) Risch confidence owed by each Member of Congress action: Carper Johnson (WI) Roberts and each employee of Congress. ‘‘(1) A Member of Congress. Casey Kerry Rockefeller (2) AMENDMENT.—Section 21A of the Securi- ‘‘(2) An officer or employee of Congress re- Chambliss Klobuchar Rubio Coats Kohl Sanders ties Exchange Act of 1934 (15 U.S.C. 78u–1) is quired to file a report under this section. Cochran Kyl Schumer amended by adding at the end the following: ‘‘(3) The President. Collins Landrieu Sessions ‘‘(g) DUTY OF MEMBERS AND EMPLOYEES OF ‘‘(4) The Vice President. Conrad Lautenberg Shaheen CONGRESS.— ‘‘(5) Each employee appointed to a position Coons Leahy Shelby ‘‘(1) IN GENERAL.—For purposes of the in- in the executive branch, the appointment to Corker Lee Snowe sider trading prohibitions arising under the which requires advice and consent of the Cornyn Levin Stabenow securities laws, including section 10(b) and Senate, except for— Crapo Lieberman Tester DeMint Lugar Thune Rule 10b–5 thereunder, each Member of Con- ‘‘(A) an individual appointed to a posi- Durbin Manchin Toomey gress or employee of Congress owes a duty tion— Enzi McCain Udall (CO) arising from a relationship of trust and con- ‘‘(i) as a Foreign Service Officer below the Feinstein McCaskill Udall (NM) fidence to the Congress, the United States rank of ambassador; or

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.055 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S311 ‘‘(ii) in the uniformed services for which SEC. 8. PUBLIC FILING AND DISCLOSURE OF FI- House of Representatives under this sub- the pay grade prescribed by section 201 of NANCIAL DISCLOSURE FORMS OF section shall be deemed to have met the pub- title 37, United States Code is O–6 or below; MEMBERS OF CONGRESS AND CON- lic availability requirement. GRESSIONAL STAFF. (4) FILERS COVERED.—Individuals required or (a) PUBLIC, ON-LINE DISCLOSURE OF FINAN- under the Ethics in Government Act of 1978 ‘‘(B) a special government employee, as de- CIAL DISCLOSURE FORMS OF MEMBERS OF CON- or the Senate Rules to file financial disclo- fined under section 202 of title 18, United GRESS AND CONGRESSIONAL STAFF.— sure reports with the Secretary of the Sen- States Code. (1) IN GENERAL.—Not later than August 31, ate or the Clerk of the House shall file re- ‘‘(6) Any employee in a position in the ex- 2012, or 90 days after the date of enactment ports electronically using the systems devel- ecutive branch who is a noncareer appointee of this Act, whichever is later, the Secretary oped by the Secretary of the Senate, the Ser- in the Senior Executive Service (as defined of the Senate and the Sergeant at Arms of geant at Arms of the Senate, and the Clerk under section 3132(a)(7) of title 5, United the Senate, and the Clerk of the House of of the House. States Code) or a similar personnel system Representatives, shall ensure that financial (5) EXTENSIONS.—The existing protocol al- disclosure forms filed by Members of Con- for senior employees in the executive lowing for extension requests for financial gress, officers of the House and Senate, can- branch, such as the Senior Foreign Service, disclosures shall be retained for purposes of didates for Congress, and employees of the except that the Director of the Office of Gov- this subsection. Notices of extension for fi- Senate and the House of Representatives in ernment Ethics may, by regulation, exclude nancial disclosure shall be made available calendar year 2012 and in subsequent years from the application of this paragraph any electronically under this subsection along pursuant to title I of the Ethics in Govern- individual, or group of individuals, who are with its related disclosure. ment Act of 1978 are made available to the in such positions, but only in cases in which (6) ADDITIONAL TIME.—The requirements of public on the respective official websites of the Director determines such exclusion this subsection may be implemented after the Senate and the House of Representatives would not affect adversely the integrity of the date provided in paragraph (1) if the Sec- not later than 30 days after such forms are retary of the Senate or the Clerk of the the Government or the public’s confidence in filed. House identify in writing to relevant con- the integrity of the Government. (2) EXTENSIONS.—The existing protocol al- gressional committees an additional amount ‘‘(7) The Director of the Office of Govern- lowing for extension requests for financial of time needed. ment Ethics. disclosures shall be retained. Notices of ex- ‘‘(8) Any civilian employee, not described (c) RECORDKEEPING.—Section 105(d) of the tension for financial disclosure shall be made Ethics in Government Act of 1978 is amended in paragraph (5), employed in the Executive available electronically under this sub- Office of the President (other than a special to read as follows: section along with its related disclosure. ‘‘(d)(1) Any report filed with or trans- government employee) who holds a commis- (3) REPORTING TRANSACTIONS.—In the case mitted to an agency or supervising ethics of- sion of appointment from the President.’’. of a transaction disclosure required by sec- fice or to the Clerk of the House of Rep- (b) EFFECTIVE DATE.—The amendment tion 101(j) of the Ethics in Government Act resentatives or the Secretary of the Senate made by subsection (a) shall apply to trans- of 1978, as added by this Act, such disclosures pursuant to this title shall be retained by shall be filed not later than 30 days after the actions occurring on or after the date that is such agency or office or by the Clerk or the transaction. Notices of extension for trans- 90 days after the date of enactment of this Secretary of the Senate, as the case may be. action disclosure shall be made available ‘‘(2) Such report shall be made available to Act. electronically under this subsection along the public— SEC. 7. REPORT ON POLITICAL INTELLIGENCE with its related disclosure. ‘‘(A) in the case of a Member of Congress ACTIVITIES. (4) EXPIRATION.—The requirements of this until a date that is 6 years from the date the subsection shall expire upon implementation individual ceases to be a Member of Con- (a) REPORT.— of the public disclosure system established gress; and (1) IN GENERAL.—Not later than 12 months under subsection (b). ‘‘(B) in the case of all other reports filed after the date of enactment of this Act, the (b) ELECTRONIC FILING AND ON-LINE PUBLIC pursuant to this title, for a period of six Comptroller General of the United States, in AVAILABILITY OF FINANCIAL DISCLOSURE years after receipt of the report. consultation with the Congressional Re- FORMS OF MEMBERS OF CONGRESS, OFFICERS ‘‘(3) After the relevant time period identi- search Service, shall submit to the Com- OF THE HOUSE AND SENATE, AND CONGRES- fied under paragraph (2), the report shall be mittee on Homeland Security and Govern- SIONAL STAFF.— destroyed unless needed in an ongoing inves- mental Affairs of the Senate and the Com- (1) IN GENERAL.—Subject to paragraph (6) tigation, except that in the case of an indi- mittee on Oversight and Government Reform and not later than 18 months after the date vidual who filed the report pursuant to sec- and the Committee on the Judiciary of the of enactment of this Act, the Secretary of tion 101(b) and was not subsequently con- House of Representatives a report on the role the Senate and the Sergeant at Arms of the firmed by the Senate, or who filed the report of political intelligence in the financial mar- Senate and the Clerk of the House of Rep- pursuant to section 101(c) and was not subse- kets. resentatives shall develop systems to en- quently elected, such reports shall be de- (2) CONTENTS.—The report required by this able— stroyed 1 year after the individual either is section shall include a discussion of— (A) electronic filing of reports received by no longer under consideration by the Senate (A) what is known about the prevalence of them pursuant to section 103(h)(1)(A) of title or is no longer a candidate for nomination or I of the Ethics in Government Act of 1978; election to the Office of President, Vice the sale of political intelligence and the ex- and President, or as a Member of Congress, un- tent to which investors rely on such infor- (B) public access to financial disclosure re- less needed in an ongoing investigation or in- mation; ports filed by Members of Congress, Officers quiry.’’. (B) what is known about the effect that the of the House and Senate, candidates for Con- SEC. 9. OTHER FEDERAL OFFICIALS. sale of political intelligence may have on the gress, and employees of the Senate and (a) PROHIBITION OF THE USE OF NONPUBLIC financial markets; House of Representatives, as well as reports INFORMATION FOR PRIVATE PROFIT.— (C) the extent to which information which of a transaction disclosure required by sec- (1) EXECUTIVE BRANCH EMPLOYEES.—The Of- is being sold would be considered non-public tion 101(j) of the Ethics in Government Act fice of Government Ethics shall issue such information; of 1978, as added by this Act, notices of ex- interpretive guidance of the relevant Federal (D) the legal and ethical issues that may tensions, amendments and blind trusts, pur- ethics statutes and regulations, including be raised by the sale of political intelligence; suant to title I of the Ethics in Government the Standards of Ethical Conduct for execu- (E) any benefits from imposing disclosure Act of 1978 through databases that— tive branch employees, related to use of non- requirements on those who engage in polit- (i) are maintained on the official websites public information, as necessary to clarify ical intelligence activities; and of the House of Representatives and the Sen- that no executive branch employee may use (F) any legal and practical issues that may ate; and non-public information derived from such be raised by the imposition of disclosure re- (ii) allow the public to search, sort and person’s position as an executive branch em- quirements on those who engage in political download data contained in the reports. ployee or gained from the performance of intelligence activities. (2) LOGIN.—No login shall be required to such person’s official responsibilities as a search or sort the data contained in the re- means for making a private profit. (b) DEFINITION.—For purposes of this sec- ports made available by this subsection. A (2) JUDICIAL OFFICERS.—The Judicial Con- tion, the term ‘‘political intelligence’’ shall login protocol with the name of the user ference of the United States shall issue such mean information that is— shall be utilized by a person downloading interpretive guidance of the relevant ethics (1) derived by a person from direct commu- data contained in the reports. For purposes rules applicable to Federal judges, including nications with an executive branch em- of filings under this section, section 105(b)(2) the Code of Conduct for United States ployee, a Member of Congress, or an em- of the Ethics in Government Act of 1978 does Judges, as necessary to clarify that no judi- ployee of Congress; and not apply. cial officer may use non-public information (2) provided in exchange for financial com- (3) PUBLIC AVAILABILITY.—Pursuant to sec- derived from such person’s position as a judi- pensation to a client who intends, and who is tion 105(b)(1) of title I of the Ethics in Gov- cial officer or gained from the performance known to intend, to use the information to ernment Act of 1978, electronic availability of such person’s official responsibilities as a inform investment decisions. on the official websites of the Senate and the means for making a private profit.

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(b) APPLICATION OF INSIDER TRADING 8(b), to the financial disclosure forms of such (A) in clause (i), by inserting ‘‘, the Presi- LAWS.— individuals. dent, the Vice President, or an elected offi- (1) AFFIRMATION OF NON-EXEMPTION.—Exec- SEC. 12. PROMPT REPORTING AND PUBLIC FIL- cial of a State or local government’’ after utive branch employees and judicial officers ING OF FINANCIAL TRANSACTIONS ‘‘Member’’; and are not exempt from the insider trading pro- FOR EXECUTIVE BRANCH. (B) in clause (ii), by inserting ‘‘, the Presi- hibitions arising under the securities laws, (a) TRANSACTION REPORTING.—Each agency dent, the Vice President, or an elected offi- including section 10(b) of the Securities Ex- or department of the Executive branch and cial of a State or local government’’ after change Act of 1934 and Rule 10b–5 thereunder. each independent agency shall comply with ‘‘Member’’. (2) DUTY.— the provisions of sections 6 with respect to (2) FEDERAL EMPLOYEES RETIREMENT SYS- (A) PURPOSE.—The purpose of the amend- any of such agency, department or inde- TEM.—Section 8411(l)(2) of title 5, United ment made by this paragraph is to affirm a pendent agency’s officers and employees that States Code, is amended— duty arising from a relationship of trust and are subject to the disclosure provisions (A) in subparagraph (A), by inserting ‘‘, the confidence owed by each executive branch under the Ethics in Government Act of 1978. President, the Vice President, or an elected employee and judicial officer. (b) PUBLIC AVAILABILITY.—Not later than 2 official of a State or local government’’ after (B) AMENDMENT.—Section 21A of the Secu- years after the date of enactment of this ‘‘Member’’; and rities Exchange Act of 1934 (15 U.S.C. 78u–1), Act, each agency or department of the Exec- (B) in subparagraph (B), by inserting ‘‘, the as amended by this Act, is amended by add- utive branch and each independent agency President, the Vice President, or an elected ing at the end the following: shall comply with the provisions of section 8, official of a State or local government’’ after ‘‘(h) DUTY OF OTHER FEDERAL OFFICIALS.— except that the provisions of section 8 shall ‘‘Member’’. ‘‘(1) IN GENERAL.—For purposes of the in- not apply to a member of a uniformed serv- (b) CRIMINAL OFFENSES.—Section 8332(o)(2) sider trading prohibitions arising under the ice for which the pay grade prescribed by of title 5, United States Code, is amended— securities laws, including section 10(b), and section 201 of title 37, United States Code is (1) in subparagraph (A), by striking clause Rule 10b–5 thereunder, each executive branch O–6 or below. (iii) and inserting the following: employee and each judicial officer owes a SEC. 13. REQUIRING MORTGAGE DISCLOSURE. ‘‘(iii) The offense— duty arising from a relationship of trust and Section 102(a)(4)(A) of the Ethics in Gov- ‘‘(I) is committed after the date of enact- confidence to the United States Government ernment Act of 1978 (5 U.S.C. App) is amend- ment of this subsection and— and the citizens of the United States with re- ed by striking ‘‘spouse; and’’ and inserting ‘‘(aa) is described under subparagraph spect to material, nonpublic information de- the following: ‘‘spouse, except that this ex- (B)(i), (iv), (xvi), (xix), (xxiii), (xxiv), or rived from such person’s position as an exec- ception shall not apply to a reporting indi- (xxvi); or utive branch employee or judicial officer or vidual— ‘‘(bb) is described under subparagraph gained from the performance of such person’s ‘‘(i) described in paragraph (1), (2), or (9) of (B)(xxix), (xxx), or (xxxi), but only with re- official responsibilities. section 101(f); spect to an offense described under subpara- ‘‘(2) DEFINITIONS.—In this subsection— ‘‘(ii) described in section 101(b) who has graph (B)(i), (iv), (xvi), (xix), (xxiii), (xxiv), ‘‘(A) the term ‘executive branch em- been nominated for appointment as an offi- or (xxvi); or ployee’— cer or employee in the executive branch de- ‘‘(II) is committed after the date of enact- ‘‘(i) has the meaning given the term ‘em- scribed in subsection (f) of such section, ment of the STOCK Act and— ployee’ under section 2105 of title 5, United other than— ‘‘(aa) is described under subparagraph States Code; ‘‘(I) an individual appointed to a position— (B)(ii), (iii), (v), (vi), (vii), (viii), (ix), (x), (xi), ‘‘(ii) includes— ‘‘(aa) as a Foreign Service Officer below (xii), (xiii), (xiv), (xv), (xvii), (xviii), (xx), ‘‘(I) the President; the rank of ambassador; or (xxi), (xxii), (xxv), (xxvii), or (xxviii); or ‘‘(II) the Vice President; and ‘‘(bb) in the uniformed services for which ‘‘(bb) is described under subparagraph ‘‘(III) an employee of the United States the pay grade prescribed by section 201 of (B)(xxix), (xxx), or (xxxi), but only with re- Postal Service or the Postal Regulatory title 37, United States Code is O–6 or below; spect to an offense described under subpara- Commission; and or graph (B)(ii), (iii), (v), (vi), (vii), (viii), (ix), ‘‘(B) the term ‘judicial officer’ has the ‘‘(II) a special government employee, as de- (x), (xi), (xii), (xiii), (xiv), (xv), (xvii), (xviii), meaning given that term under section fined under section 202 of title 18, United (xx), (xxi), (xxii), (xxv), (xxvii), or (xxviii).’’; 109(10) of the Ethics in Government Act of States Code; or and 1978. ‘‘(iii) described in section 101(f) who is in a (2) by striking subparagraph (B) and insert- ‘‘(3) RULE OF CONSTRUCTION.—Nothing in position in the executive branch the appoint- ing the following: this subsection shall be construed to impair ment to which is made by the President and ‘‘(B) An offense described in this subpara- or limit the construction of the existing requires advice and consent of the Senate, graph is only the following, and only to the antifraud provisions of the securities laws or other than— extent that the offense is a felony: the authority of the Commission under those ‘‘(I) an individual appointed to a position— ‘‘(i) An offense under section 201 of title 18 provisions.’’. ‘‘(aa) as a Foreign Service Officer below (relating to bribery of public officials and SEC. 10. RULE OF CONSTRUCTION. the rank of ambassador; or witnesses). Nothing in this Act, the amendments made ‘‘(bb) in the uniformed services for which ‘‘(ii) An offense under section 203 of title 18 by this Act, or the interpretive guidance to the pay grade prescribed by section 201 of (relating to compensation to Member of Con- be issued pursuant to sections 3 and 9 of this title 37, United States Code is O–6 or below; gress, officers, and others in matters affect- Act, shall be construed to— or ing the Government). (1) impair or limit the construction of the ‘‘(II) a special government employee, as de- ‘‘(iii) An offense under section 204 of title antifraud provisions of the securities laws or fined under section 202 of title 18, United 18 (relating to practice in the United States the Commodities Exchange Act or the au- States Code; and’’. Court of Federal Claims or the United States thority of the Securities and Exchange Com- SEC. 14. TRANSACTION REPORTING REQUIRE- Court of Appeals for the Federal Circuit by mission or the Commodity Futures Trading MENTS. Member of Congress). Commission under those provisions; The transaction reporting requirements es- ‘‘(iv) An offense under section 219 of title 18 (2) be in derogation of the obligations, du- tablished by section 101(j) of the Ethics in (relating to officers and employees acting as ties and functions of a Member of Congress, Government Act of 1978, as added by section agents of foreign principals). an employee of Congress, an executive 6 of this Act, shall not be construed to apply ‘‘(v) An offense under section 286 of title 18 branch employee or a judicial officer, arising to a widely held investment fund (whether (relating to conspiracy to defraud the Gov- from such person’s official position; or such fund is a mutual fund, regulated invest- ernment with respect to claims). (3) be in derogation of existing laws, regu- ment company, pension or deferred com- ‘‘(vi) An offense under section 287 of title 18 lations or ethical obligations governing pensation plan, or other investment fund), (relating to false, fictitious or fraudulent Members of Congress, employees of Congress, if— claims). executive branch employees or judicial offi- (1)(A) the fund is publicly traded; or ‘‘(vii) An offense under section 597 of title cers. (B) the assets of the fund are widely diver- 18 (relating to expenditures to influence vot- SEC. 11. EXECUTIVE BRANCH REPORTING. sified; and ing). Not later than 2 years after the date of en- (2) the reporting individual neither exer- ‘‘(viii) An offense under section 599 of title actment of this Act, the President shall— cises control over nor has the ability to exer- 18 (relating to promise of appointment by (1) ensure that financial disclosure forms cise control over the financial interests held candidate). filed by officers and employees referred to in by the fund. ‘‘(ix) An offense under section 602 of title 18 section 101(j) of the Ethics in Government SEC. 15. APPLICATION TO OTHER ELECTED OFFI- (relating to solicitation of political contribu- Act of 1978 (5 U.S.C. App.) are made available CIALS AND CRIMINAL OFFENSES. tions). to the public as required by section 8(a) on (a) APPLICATION TO OTHER ELECTED OFFI- ‘‘(x) An offense under section 606 of title 18 appropriate official websites of agencies of CIALS.— (relating to intimidation to secure political the executive branch; and (1) CIVIL SERVICE RETIREMENT SYSTEM.— contributions). (2) develop systems to enable electronic fil- Section 8332(o)(2)(A) of title 5, United States ‘‘(xi) An offense under section 607 of title 18 ing and public access, as required by section Code, is amended— (relating to place of solicitation).

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.028 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S313 ‘‘(xii) An offense under section 641 of title SEC. 16. LIMITATION ON BONUSES TO EXECU- following: ‘‘or political intelligence consult- 18 (relating to public money, property or TIVES OF FANNIE MAE AND FREDDIE ants’’; and records). MAC. (C) in paragraph (3)(A)— ‘‘(xiii) An offense under section 666 of title Notwithstanding any other provision in (i) by inserting after ‘‘lobbying activities’’ 18 (relating to theft or bribery concerning law, senior executives at the Federal Na- each place that term appears the following: programs receiving Federal funds). tional Mortgage Association and the Federal ‘‘and political intelligence activities’’; and Home Loan Mortgage Corporation are pro- ‘‘(xiv) An offense under section 1001 of title (ii) in clause (i), by inserting after ‘‘lob- hibited from receiving bonuses during any 18 (relating to statements or entries gen- bying firm’’ the following: ‘‘or political in- period of conservatorship for those entities erally). telligence firm’’; on or after the date of enactment of this Act. ‘‘(xv) An offense under section 1341 of title (2) in subsection (b)— 18 (relating to frauds and swindles, including SEC. 17. DISCLOSURE OF POLITICAL INTEL- (A) in paragraph (3), by inserting after as part of a scheme to deprive citizens of LIGENCE ACTIVITIES UNDER LOB- BYING DISCLOSURE ACT. ‘‘lobbying activities’’ each place that term honest services thereby). (a) DEFINITIONS.—Section 3 of the Lobbying appears the following: ‘‘or political intel- ‘‘(xvi) An offense under section 1343 of title Disclosure Act of 1995 (2 U.S.C. 1602) is ligence activities’’; 18 (relating to fraud by wire, radio, or tele- amended— (B) in paragraph (4)— vision, including as part of a scheme to de- (1) in paragraph (2)— (i) in the matter preceding subparagraph prive citizens of honest services thereby). (A) by inserting after ‘‘lobbying activities’’ (A), by inserting after ‘‘lobbying activities’’ ‘‘(xvii) An offense under section 1503 of each place that term appears the following: the following: ‘‘or political intelligence ac- title 18 (relating to influencing or injuring ‘‘or political intelligence activities’’; and tivities’’; and officer or juror). (B) by inserting after ‘‘lobbyists’’ the fol- (ii) in subparagraph (C), by inserting after ‘‘(xviii) An offense under section 1505 of lowing: ‘‘or political intelligence consult- ‘‘lobbying activity’’ the following: ‘‘or polit- title 18 (relating to obstruction of pro- ants’’; and ical intelligence activity’’; ceedings before departments, agencies, and (2) by adding at the end the following new (C) in paragraph (5), by inserting after committees). paragraphs: ‘‘lobbying activities’’ each place that term ‘‘(xix) An offense under section 1512 of title ‘‘(17) POLITICAL INTELLIGENCE ACTIVITIES.— appears the following: ‘‘or political intel- 18 (relating to tampering with a witness, vic- The term ‘political intelligence activities’ ligence activities’’; tim, or an informant). means political intelligence contacts and ef- (D) in paragraph (6), by inserting after ‘‘(xx) An offense under section 1951 of title forts in support of such contacts, including ‘‘lobbyist’’ each place that term appears the 18 (relating to interference with commerce preparation and planning activities, re- following: ‘‘or political intelligence consult- by threats of violence). search, and other background work that is ant’’; and ‘‘(xxi) An offense under section 1952 of title intended, at the time it is performed, for use (E) in the matter following paragraph (6), 18 (relating to interstate and foreign travel in contacts, and coordination with such con- by inserting ‘‘or political intelligence activi- or transportation in aid of racketeering en- tacts and efforts of others. ties’’ after ‘‘such lobbying activities’’; terprises). ‘‘(18) POLITICAL INTELLIGENCE CONTACT.— (3) in subsection (c)— ‘‘(xxii) An offense under section 1956 of ‘‘(A) DEFINITION.—The term ‘political intel- (A) in paragraph (1), by inserting after title 18 (relating to laundering of monetary ligence contact’ means any oral or written ‘‘lobbying contacts’’ the following: ‘‘or polit- instruments). communication (including an electronic ical intelligence contacts’’; and ‘‘(xxiii) An offense under section 1957 of communication) to or from a covered execu- (B) in paragraph (2)— title 18 (relating to engaging in monetary tive branch official or a covered legislative (i) by inserting after ‘‘lobbying contact’’ transactions in property derived from speci- branch official, the information derived from the following: ‘‘or political intelligence con- fied unlawful activity). which is intended for use in analyzing securi- tact’’; and ‘‘(xxiv) An offense under chapter 96 of title ties or commodities markets, or in inform- (ii) by inserting after ‘‘lobbying contacts’’ 18 (relating to racketeer influenced and cor- ing investment decisions, and which is made the following: ‘‘and political intelligence rupt organizations). on behalf of a client with regard to— contacts’’; and ‘‘(xxv) An offense under section 7201 of the ‘‘(i) the formulation, modification, or Internal Revenue Code of 1986 (relating to at- (4) in subsection (d), by inserting after adoption of Federal legislation (including ‘‘lobbying activities’’ each place that term tempt to evade or defeat tax). legislative proposals); ‘‘(xxvi) An offense under section 104(a) of appears the following: ‘‘or political intel- ‘‘(ii) the formulation, modification, or ligence activities’’. the Foreign Corrupt Practices Act of 1977 adoption of a Federal rule, regulation, Exec- (c) REPORTS BY REGISTERED POLITICAL IN- (relating to prohibited foreign trade prac- utive order, or any other program, policy, or TELLIGENCE CONSULTANTS.—Section 5 of the tices by domestic concerns). position of the United States Government; or Lobbying Disclosure Act of 1995 (2 U.S.C. ‘‘(xxvii) An offense under section 10(b) of ‘‘(iii) the administration or execution of a 1604) is amended— the Securities Exchange Act of 1934 (relating Federal program or policy (including the ne- (1) in subsection (a), by inserting after to fraud, manipulation, or insider trading of gotiation, award, or administration of a Fed- ‘‘lobbying activities’’ the following: ‘‘and po- securities). eral contract, grant, loan, permit, or li- litical intelligence activities’’; ‘‘(xxviii) An offense under section 4c(a) of cense). the Commodity Exchange Act (7 U.S.C. 6c(a)) (2) in subsection (b)— ‘‘(B) EXCEPTION.—The term ‘political intel- (relating to fraud, manipulation, or insider ligence contact’ does not include a commu- (A) in paragraph (2)— trading of commodities). nication that is made by or to a representa- (i) in the matter preceding subparagraph ‘‘(xxix) An offense under section 371 of title tive of the media if the purpose of the com- (A), by inserting after ‘‘lobbying activities’’ 18 (relating to conspiracy to commit offense munication is gathering and disseminating the following: ‘‘or political intelligence ac- or to defraud United States), to the extent of news and information to the public. tivities’’; any conspiracy to commit an act which con- ‘‘(19) POLITICAL INTELLIGENCE FIRM.—The (ii) in subparagraph (A)— stitutes— term ‘political intelligence firm’ means a (I) by inserting after ‘‘lobbyist’’ the fol- ‘‘(I) an offense under clause (i), (ii), (iii), person or entity that has 1 or more employ- lowing: ‘‘or political intelligence consult- (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), ees who are political intelligence consult- ant’’; and (xiii), (xiv), (xv), (xvi), (xvii), (xviii), (xix), ants to a client other than that person or en- (II) by inserting after ‘‘lobbying activities’’ (xx), (xxi), (xxii), (xxiii), (xxiv), (xxv), (xxvi), tity. the following: ‘‘or political intelligence ac- (xxvii), or (xxviii); or ‘‘(20) POLITICAL INTELLIGENCE CONSULT- tivities’’; ‘‘(II) an offense under section 207 of title 18 ANT.—The term ‘political intelligence con- (iii) in subparagraph (B), by inserting after (relating to restrictions on former officers, sultant’ means any individual who is em- ‘‘lobbyists’’ the following: ‘‘and political in- employees, and elected officials of the execu- ployed or retained by a client for financial or telligence consultants’’; and tive and legislative branches). other compensation for services that include (iv) in subparagraph (C), by inserting after ‘‘(xxx) Perjury committed under section one or more political intelligence contacts.’’. ‘‘lobbyists’’ the following: ‘‘or political intel- 1621 of title 18 in falsely denying the commis- (b) REGISTRATION REQUIREMENT.—Section 4 ligence consultants’’; sion of an act which constitutes— of the Lobbying Disclosure Act of 1995 (2 (B) in paragraph (3)— ‘‘(I) an offense under clause (i), (ii), (iii), U.S.C. 1603) is amended— (i) by inserting after ‘‘lobbying firm’’ the (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (1) in subsection (a)— following: ‘‘or political intelligence firm’’; (xiii), (xiv), (xv), (xvi), (xvii), (xviii), (xix), (A) in paragraph (1)— and (xx), (xxi), (xxii), (xxiii), (xxiv), (xxv), (xxvi), (i) by inserting after ‘‘whichever is ear- (ii) by inserting after ‘‘lobbying activities’’ (xxvii), or (xxviii); or lier,’’ the following: ‘‘or a political intel- each place that term appears the following: ‘‘(II) an offense under clause (xxix), to the ligence consultant first makes a political in- ‘‘or political intelligence activities’’; and extent provided in such clause. telligence contact,’’; and (C) in paragraph (4), by inserting after ‘‘(xxxi) Subornation of perjury committed (ii) by inserting after ‘‘such lobbyist’’ each ‘‘lobbying activities’’ each place that term under section 1622 of title 18 in connection place that term appears the following: ‘‘or appears the following: ‘‘or political intel- with the false denial or false testimony of consultant’’; ligence activities’’; and another individual as specified in clause (B) in paragraph (2), by inserting after (3) in subsection (d)(1), in the matter pre- (xxx).’’. ‘‘lobbyists’’ each place that term appears the ceding subparagraph (A), by inserting ‘‘or a

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.028 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S314 CONGRESSIONAL RECORD — SENATE February 2, 2012 political intelligence consultant’’ after ‘‘a ‘‘Sec. 3237. Offense taking place in more SEC. 206. AMENDMENT OF THE SENTENCING lobbyist’’. than one district.’’. GUIDELINES RELATING TO CERTAIN (d) DISCLOSURE AND ENFORCEMENT.—Sec- CRIMES. SEC. 203. THEFT OR BRIBERY CONCERNING PRO- (a) DIRECTIVE TO SENTENCING COMMISSION.— tion 6(a) of the Lobbying Disclosure Act of GRAMS RECEIVING FEDERAL FINAN- 1995 (2 U.S.C. 1605) is amended— CIAL ASSISTANCE. Pursuant to its authority under section (1) in paragraph (3)(A), by inserting after 994(p) of title 28, United States Code, and in Section 666(a) of title 18, United States ‘‘lobbying firms’’ the following: ‘‘, political accordance with this section, the United Code, is amended— intelligence consultants, political intel- States Sentencing Commission forthwith (1) by striking ‘‘10 years’’ and inserting ‘‘20 ligence firms,’’; shall review and, if appropriate, amend its years’’; (2) in paragraph (7), by striking ‘‘or lob- guidelines and its policy statements applica- (2) by striking ‘‘$5,000’’ the second place bying firm’’ and inserting ‘‘lobbying firm, ble to persons convicted of an offense under and the third place it appears and inserting political intelligence consultant, or political section 201, 641, 1346A, or 666 of title 18, ‘‘$1,000’’; intelligence firm’’; and United States Code, in order to reflect the (3) by striking ‘‘anything of value’’ each (3) in paragraph (8), by striking ‘‘or lob- intent of Congress that such penalties meet place it appears and inserting ‘‘any thing or bying firm’’ and inserting ‘‘lobbying firm, the requirements in subsection (b) of this things of value’’; and political intelligence consultant, or political section. (4) in paragraph (1)(B), by inserting after intelligence firm’’. (b) REQUIREMENTS.—In carrying out this ‘‘anything’’ the following: ‘‘or things’’. (e) RULES OF CONSTRUCTION.—Section 8(b) subsection, the Commission shall— of the Lobbying Disclosure Act of 1995 (2 SEC. 204. PENALTY FOR SECTION 641 VIOLA- (1) ensure that the sentencing guidelines U.S.C. 1607(b)) is amended by striking ‘‘or TIONS. and policy statements reflect Congress’s in- lobbying contacts’’ and inserting ‘‘lobbying Section 641 of title 18, United States Code, tent that the guidelines and policy state- contacts, political intelligence activities, or is amended by striking ‘‘ten years’’ and in- ments reflect the serious nature of the of- political intelligence contacts’’. serting ‘‘15 years’’. fenses described in paragraph (1), the inci- (f) IDENTIFICATION OF CLIENTS AND COVERED dence of such offenses, and the need for an SEC. 205. BRIBERY AND GRAFT; CLARIFICATION OFFICIALS.—Section 14 of the Lobbying Dis- effective deterrent and appropriate punish- closure Act of 1995 (2 U.S.C. 1609) is amend- OF DEFINITION OF ‘‘OFFICIAL ACT’’; CLARIFICATION OF THE CRIME OF ment to prevent such offenses; ed— ILLEGAL GRATUITIES. (2) consider the extent to which the guide- (1) in subsection (a)— (a) DEFINITION.—Section 201(a) of title 18, lines may or may not appropriately account (A) in the heading, by inserting ‘‘OR POLIT- United States Code, is amended— for— ICAL INTELLIGENCE’’ after ‘‘LOBBYING’’; (A) the potential and actual harm to the (B) by inserting ‘‘or political intelligence (1) in paragraph (2), by striking ‘‘and’’ at the end; public and the amount of any loss resulting contact’’ after ‘‘lobbying contact’’ each place from the offense; that term appears; and (2) by amending paragraph (3) to read as follows: (B) the level of sophistication and planning (C) in paragraph (2), by inserting ‘‘or polit- involved in the offense; ical intelligence activity, as the case may ‘‘(3) the term ‘official act’— ‘‘(A) means any act within the range of of- (C) whether the offense was committed for be’’ after ‘‘lobbying activity’’; purposes of commercial advantage or private (2) in subsection (b)— ficial duty, and any decision or action on any question, matter, cause, suit, pro- financial benefit; (A) in the heading, by inserting ‘‘OR POLIT- ceeding, or controversy, which may at any (D) whether the defendant acted with in- ICAL INTELLIGENCE’’ after ‘‘LOBBYING’’; time be pending, or which may by law be tent to cause either physical or property (B) by inserting ‘‘or political intelligence harm in committing the offense; contact’’ after ‘‘lobbying contact’’ each place brought before any public official, in such public official’s official capacity or in such (E) the extent to which the offense rep- that term appears; and resented an abuse of trust by the offender (C) in paragraph (2), by inserting ‘‘or polit- official’s place of trust or profit; and ‘‘(B) may be a single act, more than 1 act, and was committed in a manner that under- ical intelligence activity, as the case may mined public confidence in the Federal, be’’ after ‘‘lobbying activity’’; and or a course of conduct; and’’; and (3) by adding at the end the following: State, or local government; and (3) in subsection (c), by inserting ‘‘or polit- (F) whether the violation was intended to ical intelligence contact’’ after ‘‘lobbying ‘‘(4) the term ‘rule or regulation’ means a Federal regulation or a rule of the House of or had the effect of creating a threat to pub- contact’’. lic health or safety, injury to any person or (g) ANNUAL AUDITS AND REPORTS BY COMP- Representatives or the Senate, including those rules and regulations governing the ac- even death; TROLLER GENERAL.—Section 26 of the Lob- (3) assure reasonable consistency with bying Disclosure Act of 1995 (2 U.S.C. 1614) is ceptance of gifts and campaign contribu- other relevant directives and with other sen- amended— tions.’’. tencing guidelines; (1) in subsection (a)— (b) CLARIFICATION.—Section 201(c)(1) of (4) account for any additional aggravating (A) by inserting ‘‘political intelligence title 18, United States Code, is amended to or mitigating circumstances that might jus- firms, political intelligence consultants,’’ read as follows: tify exceptions to the generally applicable after ‘‘lobbying firms’’; and ‘‘(1) otherwise than as provided by law for sentencing ranges; (B) by striking ‘‘lobbying registrations’’ the proper discharge of official duty, or by (5) make any necessary conforming and inserting ‘‘registrations’’; rule or regulation— changes to the sentencing guidelines; and (2) in subsection (b)(1)(A), by inserting ‘‘po- ‘‘(A) directly or indirectly gives, offers, or (6) assure that the guidelines adequately litical intelligence firms, political intel- promises any thing or things of value to any meet the purposes of sentencing as set forth ligence consultants,’’ after ‘‘lobbying firms’’; public official, former public official, or per- in section 3553(a)(2) of title 18, United States and son selected to be a public official for or be- Code. (3) in subsection (c), by inserting ‘‘or polit- cause of any official act performed or to be ical intelligence consultant’’ after ‘‘a lob- performed by such public official, former SEC. 207. EXTENSION OF STATUTE OF LIMITA- public official, or person selected to be a TIONS FOR SERIOUS PUBLIC COR- byist’’. RUPTION OFFENSES. public official; TITLE II—PUBLIC CORRUPTION (a) IN GENERAL.—Chapter 213 of title 18, ‘‘(B) directly or indirectly, knowingly PROSECUTION IMPROVEMENTS United States Code, is amended by adding at gives, offers, or promises any thing or things SEC. 201. SHORT TITLE. the end the following: This title may be cited as the ‘‘Public Cor- of value with an aggregate value of not less ‘‘§ 3302. Corruption offenses ruption Prosecution Improvements Act of than $1000 to any public official, former pub- 2012’’. lic official, or person selected to be a public ‘‘Unless an indictment is returned or the SEC. 202. VENUE FOR FEDERAL OFFENSES. official for or because of the official’s or per- information is filed against a person within (a) IN GENERAL.—The second undesignated son’s official position; 6 years after the commission of the offense, paragraph of section 3237(a) of title 18, ‘‘(C) being a public official, former public a person may not be prosecuted, tried, or United States Code, is amended by adding official, or person selected to be a public offi- punished for a violation of, or a conspiracy before the period at the end the following: cial, directly or indirectly, knowingly de- or an attempt to violate the offense in— ‘‘or in any district in which an act in fur- mands, seeks, receives, accepts, or agrees to ‘‘(1) section 201 or 666; therance of the offense is committed’’. receive or accept any thing or things of ‘‘(2) section 1341 or 1343, when charged in (b) SECTION HEADING.—The heading for sec- value with an aggregate value of not less conjunction with section 1346 and where the tion 3237 of title 18, United States Code, is than $1000 for or because of the official’s or offense involves a scheme or artifice to de- amended to read as follows: person’s official position; or prive another of the intangible right of hon- ‘‘SEC. 3237. OFFENSE TAKING PLACE IN MORE ‘‘(D) being a public official, former public est services of a public official; THAN ONE DISTRICT.’’. official, or person selected to be a public offi- ‘‘(3) section 1951, if the offense involves ex- (c) TABLE OF SECTIONS.—The table of sec- cial, directly or indirectly demands, seeks, tortion under color of official right; tions at the beginning of chapter 211 of title receives, accepts, or agrees to receive or ac- ‘‘(4) section 1952, to the extent that the un- 18, United States Code, is amended so that cept any thing or things of value for or be- lawful activity involves bribery; or the item relating to section 3237 reads as fol- cause of any official act performed or to be ‘‘(5) section 1962, to the extent that the lows: performed by such official or person;’’. racketeering activity involves bribery

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chargeable under State law, involves a viola- (2) CLERICAL AMENDMENT.—The table of (b) CONFORMING AMENDMENT.—The table of tion of section 201 or 666, section 1341 or 1343, sections at the beginning of chapter 79 of sections for chapter 63 of title 18, United when charged in conjunction with section title 18, United States Code, is amended by States Code, is amended by inserting after 1346 and where the offense involves a scheme adding at the end the following: the item relating to section 1346 the fol- or artifice to deprive another of the intan- ‘‘1624. Venue.’’. lowing new item: gible right of honest services of a public offi- SEC. 211. PROHIBITION ON UNDISCLOSED SELF- ‘‘1346A. Undisclosed self-dealing by public of- cial, or section 1951, if the offense involves DEALING BY PUBLIC OFFICIALS. ficials.’’. extortion under color of official right.’’. (a) IN GENERAL.—Chapter 63 of title 18, (c) APPLICABILITY.—The amendments made (b) CLERICAL AMENDMENT.—The table of United States Code, is amended by inserting by this section apply to acts engaged in on sections at the beginning of chapter 213 of after section 1346 the following new section: or after the date of the enactment of this title 18, United States Code, is amended by ‘‘§ 1346A. Undisclosed self-dealing by public Act. adding at the end the following new item: officials SEC. 212. DISCLOSURE OF INFORMATION IN COM- ‘‘3302. Corruption offenses.’’. ‘‘(a) UNDISCLOSED SELF-DEALING BY PUBLIC PLAINTS AGAINST JUDGES. (c) APPLICATION OF AMENDMENT.—The OFFICIALS.—For purposes of this chapter, the Section 360(a) of title 28, United States amendments made by this section shall not term ‘scheme or artifice to defraud’ also in- Code, is amended— cludes a scheme or artifice by a public offi- apply to any offense committed before the (1) in paragraph (2) by striking ‘‘or’’; cial to engage in undisclosed self-dealing. date of enactment of this Act. (2) in paragraph (3), by striking the period ‘‘(b) DEFINITIONS.—As used in this section: SEC. 208. INCREASE OF MAXIMUM PENALTIES at the end, and inserting ‘‘; or’’; and ‘‘(1) OFFICIAL ACT.—The term official act— FOR CERTAIN PUBLIC CORRUPTION (3) by inserting after paragraph (3) the fol- RELATED OFFENSES. ‘‘(A) means any act within the range of of- ficial duty, and any decision or action on lowing: (a) SOLICITATION OF POLITICAL CONTRIBU- any question, matter, cause, suit, pro- ‘‘(4) such disclosure of information regard- TIONS.—Section 602(a)(4) of title 18, United ceeding, or controversy, which may at any ing a potential criminal offense is made to States Code, is amended by striking ‘‘3 time be pending, or which may by law be the Attorney General, a Federal, State, or years’’ and inserting ‘‘5 years’’. brought before any public official, in such local grand jury, or a Federal, State, or local (b) PROMISE OF EMPLOYMENT FOR POLITICAL public official’s official capacity or in such law enforcement agency.’’. ACTIVITY.—Section 600 of title 18, United official’s place of trust or profit; and SEC. 213. CLARIFICATION OF EXEMPTION IN CER- States Code, is amended by striking ‘‘one ‘‘(B) may be a single act, more than one TAIN BRIBERY OFFENSES. year’’ and inserting ‘‘3 years’’. act, or a course of conduct. Section 666(c) of title 18, United States (c) DEPRIVATION OF EMPLOYMENT FOR PO- ‘‘(2) PUBLIC OFFICIAL.—The term ‘public of- Code, is amended— LITICAL ACTIVITY.—Section 601(a) of title 18, ficial’ means an officer, employee, or elected (1) by striking ‘‘This section does not apply United States Code, is amended by striking or appointed representative, or person acting to’’; and ‘‘one year’’ and inserting ‘‘3 years’’. for or on be half of the United States, a (2) by inserting ‘‘The term ‘anything of (d) INTIMIDATION TO SECURE POLITICAL CON- State, or a subdivision of a State, or any de- value’ that is corruptly solicited, demanded, TRIBUTIONS.—Section 606 of title 18, United partment, agency or branch of government accepted or agreed to be accepted in sub- States Code, is amended by striking ‘‘three thereof, in any official function, under or by section (a)(1)(B) or corruptly given, offered, years’’ and inserting ‘‘5 years’’. authority of any such department, agency, or agreed to be given in subsection (a)(2) (e) SOLICITATION AND ACCEPTANCE OF CON- or branch of government. shall not include,’’ before ‘‘bona fide salary’’. TRIBUTIONS IN FEDERAL OFFICES.—Section ‘‘(3) STATE.—The term ‘State’ includes a SEC. 214. CERTIFICATIONS REGARDING APPEALS 607(a)(2) of title 18, United States Code, is State of the United States, the District of BY UNITED STATES. amended by striking ‘‘3 years’’ and inserting Columbia, and any commonwealth, territory, Section 3731 of title 18, United States Code, ‘‘5 years’’. or possession of the United States. is amended by inserting after ‘‘United States (f) COERCION OF POLITICAL ACTIVITY BY FED- ‘‘(4) UNDISCLOSED SELF-DEALING.—The term attorney’’ the following: ‘‘, Deputy Attorney ERAL EMPLOYEES.—Section 610 of title 18, ‘undisclosed self-dealing’ means that— General, Assistant Attorney General, or the United States Code, is amended by striking ‘‘(A) a public official performs an official Attorney General’’. ‘‘three years’’ and inserting ‘‘5 years’’. act for the purpose, in whole or in material The PRESIDING OFFICER. The Sen- SEC. 209. ADDITIONAL WIRETAP PREDICATES. part, of furthering or benefitting a financial Section 2516(1)(c) of title 18, United States interest, of which the public official has ator from Utah. Code, is amended— knowledge, of— f (1) by inserting ‘‘section 641 (relating to ‘‘(i) the public official; embezzlement or theft of public money, ‘‘(ii) the spouse or minor child of a public MORNING BUSINESS property, or records), section 666 (relating to official; Mr. HATCH. Madam President, I ask ‘‘(iii) a general business partner of the pub- theft or bribery concerning programs receiv- unanimous consent that the Senate ing Federal funds),’’ after ‘‘section 224 (brib- lic official; ery in sporting contests),’’; and ‘‘(iv) a business or organization in which proceed to a period of morning busi- (2) by inserting ‘‘section 1031 (relating to the public official is serving as an employee, ness, with Senators permitted to speak major fraud against the United States)’’ officer, director, trustee, or general partner; therein for up to 10 minutes each. after ‘‘section 1014 (relating to loans and ‘‘(v) an individual, business, or organiza- The PRESIDING OFFICER. Without credit applications generally; renewals and tion with whom the public official is negoti- objection, it is so ordered. discounts),’’. ating for, or has any arrangement con- Mr. HATCH. Madam President, I ask SEC. 210. EXPANDING VENUE FOR PERJURY AND cerning, prospective employment or finan- cial compensation; or unanimous consent that I be permitted OBSTRUCTION OF JUSTICE PRO- to deliver my full speech regardless of CEEDINGS. ‘‘(vi) an individual, business, or organiza- (a) IN GENERAL.—Section 1512(i) of title 18, tion from whom the public official has re- the time. United States Code, is amended to read as ceived any thing or things of value, other- The PRESIDING OFFICER. Without follows: wise than as provided by law for the proper objection, it is so ordered. discharge of official duty, or by rule or regu- ‘‘(i) A prosecution under section 1503, 1504, f 1505, 1508, 1509, 1510, or this section may be lation; and brought in the district in which the conduct ‘‘(B) the public official knowingly falsifies, RECESS APPOINTMENTS constituting the alleged offense occurred or conceals, or covers up material information in which the official proceeding (whether or that is required to be disclosed by any Fed- Mr. HATCH. Madam President, our not pending or about to be instituted) was eral, State, or local statute, rule, regulation, Nation faces grave challenges. We are intended to be affected.’’. or charter applicable to the public official, looking at our fourth straight $1 tril- or the knowing failure of the public official (b) PERJURY.— lion deficit, our credit rating has been to disclose material information in a manner (1) IN GENERAL.—Chapter 79 of title 18, downgraded, and public spending is out that is required by any Federal, State, or United States Code, is amended by adding at of control. The Nation demands leader- the end the following: local statute, rule, regulation, or charter ap- plicable to the public official. ship. ‘‘§ 1624. Venue ‘‘(5) MATERIAL INFORMATION.—The term At some moments in our Nation’s ‘‘A prosecution under section 1621(1), 1622 ‘material information’ means information— history—at moments of crisis—leaders (in regard to subornation of perjury under ‘‘(A) regarding a financial interest of a per- have emerged, put partisanship aside, 1621(1)), or 1623 of this title may be brought son described in clauses (i) through (iv) para- and worked to solve our greatest chal- in the district in which the oath, declara- graph (4)(A); and lenges. Although our current President tion, certificate, verification, or statement ‘‘(B) regarding the association, connection, under penalty of perjury is made or in which or dealings by a public official with an indi- has compared himself to both Franklin a proceeding takes place in connection with vidual, business, or organization as described Roosevelt and Abraham Lincoln, his the oath, declaration, certificate, in clauses (iii) through (vi) of paragraph leadership is falling well short of their verification, or statement.’’. (4)(A).’’. examples. Instead of taking the reins

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.028 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S316 CONGRESSIONAL RECORD — SENATE February 2, 2012 and making tough choices when pre- cies that may happen during the recess sessions can block recess appoint- sented with our current fiscal crisis, he of the Senate.’’ These so-called recess ments. has decided to put politics first. He al- appointments do not require Senate As far as I can tell, Senator Obama ways puts politics first. consent. However, they are supposed to fully supported his party using pro Just this morning, at the National be an exception to the confirmation forma sessions to block recess appoint- Prayer Breakfast, the President took rule. The most obvious requirement for ments. what has always been a nonpartisan a recess appointment is that there ac- Finally, consider this. Our rule XXXI opportunity for national unity and tually be a real recess. Needless to say, requires that pending nominations be used it to promote his political agenda. if the President alone can define a re- sent back to the President whenever He suggested to the attendees that cess, he can make recess appointments the Senate ‘‘shall adjourn or take a re- Jesus would have supported his latest during every weekend or lunch break. cess for more than 30 days.’’ Pursuing tax-the-rich scheme. With due respect The exception would swallow the rule his strategy to prevent appointments to the President, he ought to stick to and the President could issue the Sen- during the August 2008 recess, the public policy. I think most Americans ate out of the process all together. Democratic majority leader scheduled would agree the Gospels are concerned Our Constitution refers to the recess no less than 10 pro forma sessions dur- with weightier matters than effective of the Senate, not to a recess of the ing that period. As a result, because tax rates. President’s imagination or his lawyers’ each pro forma session began a new re- As long as the President has decided creation. Under the Constitution, the cess of less than 30 days, the Senate ex- to assume the role of theologian-in- Senate has the authority to determine ecutive clerk did not return any pend- chief, he would do well to put tax pol- its own procedural rules, including the ing nominations to the President. icy aside and consider the impact of what, when, and how long of Senate re- The standard here is clear: Pro forma one of his latest ObamaCare mandates. cesses. sessions create new recesses. Read the Secretary Sebelius’s decision to force I will not go into all the twists and CONGRESSIONAL RECORD. Each pro religious institutions—over the strong turns of recess appointment history. forma session begins with the words objections of churches and universities However, for decades, the standard has ‘‘The Senate met’’ and ends with the representing millions and millions of been that a recess must be longer than statement that ‘‘The Senate stands in Americans—to provide insurance cov- 3 days for the President to make a re- recess’’ until a specific date and time. erage for abortifacient drugs and con- cess appointment. The Constitution, I don’t know how much clearer it could traceptives to their employees will re- for example, requires the consent of possibly be. The Senate must adjourn quire these groups to violate their the House or Senate for the other body for more than 3 days for a President to deepest held religious beliefs. to adjourn for more than 3 days. The make a recess appointment. The Sen- The President’s comments this morn- Congressional Directory, which is the ate has endorsed this standard. The ing share more of a political strategy official directory of Congress, defines a Democratic majority has endorsed this than they do the religious beliefs of recess as ‘‘a break in House or Senate standard, Senator Barack Obama en- most Americans. In 2008, the President proceedings of three or more days, ex- dorsed this standard, and President declared his nomination was the world cluding Sundays.’’ The Senate’s own Barack Obama’s administration has en- historical moment when the rise of the Web site has the same definition. dorsed this standard. A new recess be- oceans began to slow and our planet The Clinton administration argued in gins when a Senate session, even a pro began to heal. Someone needs to re- 1993 that a recess must be longer than forma session, ends. mind the President there was only one 3 days. The Clinton administration But that was then; this is now. The person who walked on water, and he took that position. In 2010, the Obama Senate met on January 3, 2012, as the did not occupy the Oval Office. Constitution requires, to convene the This drive to politicize every aspect administration’s own Deputy Solicitor second session of the 112th Congress. of our institutions and public discourse General said this to Chief Justice John The CONGRESSIONAL RECORD states that took a serious and dangerous turn last Roberts when arguing before the Su- the Senate adjourned at 12:02 until month with the President’s appoint- preme Court: ‘‘Our office has opined January 6, at 11 a.m. I know we see ments to the Consumer Financial Pro- the recess has to be longer than three some fuzzy math here in Washington tection Bureau—the CFPB—and to the days.’’ National Labor Relations Board—the Let me repeat that. The Obama ad- from time to time, but this is pretty NLRB. Last week, in his State of the ministration told the Supreme Court a simple. That was a 3-day recess, which Union Address, President Obama said recess must be longer than 3 days for was not long enough to allow a recess Americans deserve a government that the President to make a recess ap- appointment. The very next day, however, Presi- plays by the rules. Yet his appoint- pointment. dent Obama installed Richard Cordray ments of January 4, just 1 day into a 3- The Democratic majority in this day Senate recess, failed to meet his body has endorsed this same standard. as head of the Consumer Financial Pro- own standard. On November 16, 2007, the majority tection Bureau and he also installed Those unlawful appointments are the leader said: ‘‘The Senate will be com- three members of the National Labor latest example of how he is willing ing in for pro forma situations during Relations Board. These appointments even to undermine the Constitution the Thanksgiving holiday to prevent were clearly unlawful because a suffi- and weaken our government institu- recess appointments.’’ cient recess did not exist. These ap- tions to get what he wants. They are a The four brief sessions he scheduled pointments violated the standard deeply cynical political ploy that puts chopped the Thanksgiving break into President Obama himself endorsed his own ideological wants and electoral recesses of—you guessed it—3 days or when he served in this body, and they needs above our Constitution and rule less and so did the five sessions he violated the standard his own adminis- of law. scheduled during the Christmas break. tration endorsed before the Supreme The Constitution, not the President’s This new tactic worked, and President Court. political agenda or reelection strategy, Bush did not make another recess ap- Senate Democrats routinely attacked sets the rules we must live by and play pointment for the rest of his Presi- President George W. Bush for sup- by. In the regular order of the appoint- dency. posedly creating what they called an ment process, the President nominates, There is no record that then-Senator imperial Presidency. That criticism but the Senate must consent for him to Barack Obama objected to this tactic was bogus for a host of reasons, but I appoint. The President may not get his in any way. He did not criticize it as a can only imagine how the majority way every time, but this is one of gimmick. He did not opine that the would have howled had President Bush many checks and balances in our sys- President could still make recess ap- made recess appointments the day tem to make sure one part of the gov- pointments despite these pro forma after those pro forma sessions in 2007 ernment does not gather too much sessions. He did not even suggest that and 2008. They would have denounced power. pro forma sessions did anything other him for defying the Senate, for an un- The Constitution also allows the than create new, shorter recesses. That precedented power grab, and for de- President temporarily to fill ‘‘vacan- is, after all, the only way the pro forma stroying the checks and balances that

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.057 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S317 are so important in our form of govern- risks.’’ They admit that. The memo of him to state whether he believes the ment. They would have taken swift and course does not attempt to explain how pro forma sessions have any impact on firm measures in retaliation. Who appointments during an even shorter the President’s recess appointment knows, but they might even have gone recess somehow pose less litigation power. to the Court over it. But President risks. Either way, litigation may be It also asks him to clarify whether he Bush respected the Senate and, wheth- where this controversy is headed. And I believes President Bush had the con- er he liked it or not, declined to make certainly hope so. stitutional authority to make recess recess appointments when there was no Just as our Democratic colleagues appointments like the ones recently legitimate recess. accused President Bush of creating an made by President Obama and why, if President Obama apparently has no imperial Presidency, they accused his he believes these recent appointments such regard for this body—one of which administration’s Office of Legal Coun- are constitutional, he instituted the he was honored to be a Member. And to sel of helping him to do it. They at- practice of using pro forma sessions in be clear, that means he has no such re- tacked OLC for being his advocate the first place. Why did he do that? gard for the Constitution and its sys- rather than an objective neutral ad- Finally, the letter asks the majority tem of checks and balances. He only viser. Well, nothing OLC did for Presi- leader to state specifically whether he wants his way. His political mantra dent Bush looked anything like what agrees with the President’s legal argu- last fall, that he can’t wait for Con- we see today. This memo reads like a ment that the Senate was unavailable gress to enact his agenda, has now re- brief by the President’s personal law- to perform its advice and consent func- sulted in these politicized appoint- yer. We all know Justice Department tions during the recent adjournment ments that violate our deepest con- lawyers are not the President’s per- period. stitutional principles. sonal lawyers. I ask unanimous consent to have No doubt some on the other side of When President Obama decided to printed in the RECORD a copy of the let- the aisle will respond that the Office of make these appointments, the person ter, signed by 33 Senators. Legal Counsel at the Department of who should have been the most out- There being no objection, the mate- Justice has issued a memo justifying raged was the Senate majority leader. rial was ordered to be printed in the these recess appointments. Well, as After all, as the highest ranking officer RECORD, as follows: in the Chamber, he should have been U.S. SENATE, Paul Harvey used to say, Here is the Washington, DC, February 2, 2012. rest of the story. That memo was particularly defensive of the rights and Hon. HARRY REID, issued on January 6—2 days after Presi- prerogatives of the Senate, and should Senate Majority Leader, dent Obama made these unlawful re- have opposed any effort on the part of U.S. Senate, Washington, DC. cess appointments. I had understood the Executive to undermine the Sen- DEAR MAJORITY LEADER REID: In light of OLC’s rule as giving objective advice ate’s role in the confirmation process. President Obama’s recent decision to break before decisions were made. Doing this Unfortunately, that is not what hap- with precedent regarding the use of recess after the fact looks as if it is a method pened. Since the time the appoint- appointments, we are writing to inquire ments were made, the Senate majority about your views on the matter so as to clear of trying to justify, rather than in- up what appear to be serious inconsistencies form, this controversial decision, espe- leader has, on multiple occasions, pub- on your part. We hope you will provide a cially when the memo admits that it licly endorsed the President’s decision complete and candid response. addresses a novel issue with ‘‘substan- to ignore precedent and bypass the On January 4, 2012, the President an- tial arguments on each side.’’ Senate. He did so on television in mid- nounced his intent to recess appoint Richard The most egregious flaw in the OLC January and again this week here on Griffin, Sharon Block, and Terence Flynn to memo is that it addresses the wrong this floor. The majority leader’s deci- serve on the National Labor Relations Board question. The question OLC should sion to support and, indeed, applaud (NLRB) and Richard Cordray to serve as head of the Consumer Financial Protection have answered is why a pro forma ses- the President in this case is troubling, Bureau (CFPB). Pursuant to a Unanimous sion, like any other session, does not given that, as I mentioned a few min- Consent agreement, the Senate was to go start a new recess. That is the real utes ago, it was under his leadership into pro forma session every three days be- question here. OLC simply ignored that that the Senate began to use pro forma tween December 17, 2011 and January 23, 2012. question entirely. And I am not at all sessions for the specific purpose of pre- However, the President, in a controversial surprised. The obvious answer is that a venting President Bush from making turn of events, determined that the Senate’s pro forma session does begin a new re- recess appointments. use of periodic pro forma sessions was insuf- cess, and then OLC would have had to The majority leader has acknowl- ficient to prevent him from exercising his re- edged this to some extent, but his ex- cess appointment power under Article II of justify the President making a recess the Constitution. appointment during an unprecedented planation as to why he is taking these As you are surely aware, it was under your 3-day recess. apparently contradictory positions is leadership that the Senate first began to use Rather than address that necessary unclear and somewhat hard to follow. pro forma sessions in order to prevent Presi- question, the OLC memo instead ad- We need a better explanation from the dent George W. Bush from making recess ap- dressed whether the President may majority leader, because from the van- pointments beginning in November 2007. make recess appointments during a tage point of many here in the Cham- With very few exceptions, this became the ber it appears that his position on the standard practice for the Senate during the longer recess that is ‘‘punctuated by rest of President Bush’s term in office, dur- periodic pro forma sessions.’’ I wish to efficacy of pro forma sessions and the ing which time no recess appointments were know who made up this characteriza- constitutionality of recess appoint- made. And, though you discontinued this tion of pro forma sessions as merely ments varies depending upon who is oc- practice when President Obama first took of- procedural punctuation marks, but a cupying the White House. No leader in fice, the procedure was reinstituted last cliche like that is no substitute for a this body should ignore this question. year. real legal argument. And, frankly, our leaders should be Furthermore, in deciding whether to make If that is the most egregious flaw in standing for the Senate against the these appointments, the President report- edly relied on the opinion of the Office of the OLC memo, its most egregious White House on this matter. Legal Counsel which argued that, because no omission might be failing even to men- Well, I hope that it isn’t true that business was to be conducted during the tion, let alone explain away, the the constitutionality of recess appoint- scheduled pro forma sessions, the President Obama administration’s endorsement ments varies depending on who is occu- could consider the Senate unavailable to of the 3-day standard before the Su- pying the White House. I hope I have provide advice and consent and exercise his preme Court. simply misinterpreted what appears to power to make recess appointments. Yet, on In 1996, the Clinton Office of Legal be plain statements, both past and December 23, 2011, one of the days scheduled Counsel advised that making appoint- present, on the part of the majority for a pro forma session, you, yourself, went ments during a 10-day recess would leader. That is why I, along with 33 of to the floor and conducted business to pro- vide for the Senate passage of the Temporary ‘‘pose significant litigation risks.’’ In my colleagues, have submitted a letter Payroll Tax Cut Continuation Act of 2011 this new memo, the Obama OLC admits to the majority leader asking him to (H.R. 3765), clearly undermining any claim that these appointments during only a clarify his position on these appoint- that the Senate is unavailable to perform its 3-day recess ‘‘creates some litigation ments. Specifically, the letter asks duties during a pro forma session.

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.058 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S318 CONGRESSIONAL RECORD — SENATE February 2, 2012 However, despite the fact that you were in- ing the very appointments at issue here, we we remain friends and allies in that disputably the author of what became the hope that you share our view that neither strategically important part of the routine use pro forma sessions to prevent re- party should undermine the constitutional world during this period of political, cess appointments and even though you are authority of the Senate in order to serve a economic, and social transition. obviously well aware that the Senate is able political objective. to conduct significant business during a Thank you for your attention regarding During the past 12 months, Egypt has scheduled pro forma session, you have, on this matter. been governed by a group of senior multiple occasions, publicly expressed your Sincerely, military officers, each of whom held support for President Obama’s efforts to by- Orrin Hatch, Jim DeMint, Ron Johnson, positions of leadership and privilege in pass the Senate with regard to these nomina- Mike Johanns, John Cornyn, Marco the repressive and corrupt Mubarak tions. For example, while appearing on the Rubio, Rand Paul, Mike Lee, Michael government. To their credit, for the January 15, 2012 edition of ‘‘Meet the Press,’’ B. Enzi, John Boozman, Pat Roberts, most part they did not attempt to put you stated unequivocally that the President Chuck Grassley, John Hoeven, Roger down the revolution by force, and they ‘‘did the right thing’’ in making these ap- Wicker, Pat Toomey, Dan Coats. Rob pointments. And, while you did acknowledge Portman, Mike Crapo, Scott Brown, pledged to support the people’s demand in the interview that it was you who estab- Jeff Sessions, Dick Lugar, Lindsey for a democratically elected civilian lished the procedure of using pro forma ses- Graham, Jerry Moran, Kelly Ayotte, government that protects fundamental sions, you also stated that ‘‘President Bush James Risch, David Vitter, Saxby freedoms. didn’t have to worry about recess appoint- Chambliss, John Thune, John McCain, The transition process is a work in ments because [you] were working with John Barrasso, Richard Burr, Thad progress. On the positive side, two him,’’ and that ‘‘[you] believed then, [you] Cochran, Roy Blunt, Johnny Isakson. democratic elections have been held believe now, that a president has a right to Mr. HATCH. These so-called recess and a new Parliament has been seated. make appointments.’’ You made similar ar- appointments were unlawful because On the negative side, civilian pro- guments this week on the Senate floor. This purported explanation directly con- there was no legitimate recess in which testers have been arrested and pros- tradicts remarks you made on the Senate they could be made. ecuted in military courts that do not floor during the Bush Administration where- There are many disagreements about protect due process, and in December in you explicitly indicated that the purpose policy and political issues. That is to Egyptian police raided the offices of of the pro forma sessions was to prevent be expected. But the integrity of our seven nongovernmental organizations, President Bush from making recess appoint- system of government requires that including four U.S.-based groups whose ments. On November 16, 2007, you stated that even the President must, as he said in work for democracy and human rights ‘‘the Senate would be coming in for pro forma sessions during the Thanksgiving Hol- the State of the Union Address, play by has for years been hindered by laws and iday to prevent recess appointments,’’ and the rules. President Obama broke the practices that restrict freedom of ex- that you had made the decision to do so be- rules in order to install the individuals pression and association. Files and cause ‘‘the administration informed [you] he wanted. That action weakened the computers were confiscated, and some that they would make several recess ap- Constitution, our system of checks and of their employees have been interro- pointments.’’ On December 19, 2007, you stat- balances, as well as both the Senate gated. ed that ‘‘we are going into pro forma ses- and the Presidency. There are also reports that as many sions so the President cannot appoint people Madam President, I suggest the ab- as 400 Egyptian nongovernmental orga- we think are objectionable. . .’’ After read- nizations are under investigation, al- ing these statements, it is clear that, under sence of a quorum. the Bush Administration, you believed that The PRESIDING OFFICER. The legedly for accepting foreign dona- the use of pro forma sessions was sufficient clerk will call the roll. tions. Apparently, to the thinking of to prevent the President from making recess The bill clerk proceeded to call the Egypt’s military rulers, there is noth- appointments and that the practice was un- roll. ing wrong with the Egyptian Govern- dertaken specifically because you were un- Mr. REID. Madam President, I ask ment receiving billions of dollars from able to reach an agreement with the Presi- unanimous consent the order for the U.S. taxpayers, but private Egyptian dent regarding specific nominees. quorum call be rescinded. groups that work for a more demo- This apparent shift in your position raises a number of concerns. Most specifically, it The PRESIDING OFFICER. Without cratic, free society on behalf of the appears that you believe the importance of objection, it is so ordered. Egyptian people and that cannot sur- preserving Senate’s constitutional role in f vive without outside help do so at their the nomination and appointment process peril. EGYPT varies depending on the political party of the Despite repeated assurances from President. Because we hope that this is not Mr. LEAHY. Madam President, I Egyptian authorities that the property the case and because we hope that you, as would like to draw the Senate’s atten- seized from these organizations would the Senate Majority Leader, have taken seri- tion to recent developments in Egypt, be promptly returned, that has not ously your responsibility to protect and de- and I begin by referring to the outburst happened. To the contrary, the situa- fend the rights of this chamber, we hope you of violence yesterday by rival soccer will answer the following clarifying ques- tion has gotten worse as several of tions: fans after a match in that country in their American employees have been 1. In your view, what specific limitations which 73 people were reportedly killed ordered to remain in Egypt. Some of does the Senate’s use of pro forma sessions and hundreds injured. them have obtained protection at the place on the President’s power to make re- This is a shocking tragedy, and I U.S. Embassy. With each passing day cess appointments under the Constitution? want to express my condolences to the there are growing concerns that these 2. Would it have been constitutional, in Egyptian people and the families of the your view, for President Bush to have made groups could face criminal charges for recess appointments during the time the victims. operating in the country without per- Senate, under your leadership, was using pro Last week tens of thousands of Egyp- mission. forma sessions? If so, for what purpose did tians gathered in Tahrir Square in This is a spurious charge, since reg- you establish the practice of using pro forma Cairo to celebrate the 1 year anniver- istration applications were submitted sessions in the first place? If not, why do you sary of the popular revolution that and deemed complete by the govern- now believe it is constitutional for President overthrew former President Hosni Mu- ment years ago, because the organiza- Obama to make recess appointments under barak. That courageous and largely tions regularly reported to officials on similar circumstances? 3. In your view, did the Senate’s passage of peaceful expression of popular will was their activities, and since, while reg- the Temporary Payroll Tax Cut Continu- inspirational to people everywhere, in- istration was pending, they were per- ation Act of 2011 comply with the constitu- cluding millions of Americans. mitted to operate. Ironically, while the tional requirements for the passage of legis- The United States and Egypt share a previous regime did not seek to expel lation? long history of friendship and coopera- them for their prodemocracy work, If so, do you disagree with the President’s tion. Thousands of Americans travel Egypt’s current authorities, whose re- argument that the Senate was ‘‘unavailable’’ and study in Egypt, and over the years sponsibility it is to defend and support to perform its advice and consent duties dur- we have provided tens of billions of dol- ing the recent adjournment? the democratic tradition, are attempt- Needless to say, these are very serious lars in economic and military aid to ing to do just that. matters. While there are many issues that Egypt. Our countries share many inter- There is abundant misinformation divide the two parties in the Senate, includ- ests, and it is critically important that about the work of the American-based

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.035 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S319 organizations, with some Egyptian offi- the Egyptian Government is now in is that the ruling military council refuses to cials accusing them—without offering jeopardy, and it is in the interests of recognize the seriousness of the crisis it has any evidence—of trying to subvert both countries that this crisis is created in the U.S.-Egyptian alliance. The persecution of the Americans, which Egypt’s political process. Without be- promptly and satisfactorily resolved has been escalating since their offices were laboring the point, their work was no and that we focus instead on moving raided Dec. 29, is an extraordinary provo- secret as they had nothing to hide. forward to build an even stronger and cation by the generals who succeeded Hosni They were helping to build the capac- enduring relationship. Mubarak. Despite repeated appeals, includ- ity of Egyptian organizations engaged In December, President Obama ing by President Obama, military council in peaceful work for democracy and signed into law the Consolidated Ap- chief Field Marshal Mohammed Hussein Tantawi has failed to deliver on promises to human rights, supporting the develop- propriations Act for 2012. Section call off the witch hunt and return con- ment of political parties, and working 7041(a)(1) of division I of that act pro- fiscated funds and property. Over the week- with Egyptian groups to provide non- vides that prior to the obligation of end, three of the Americans, including the partisan voter education. $1.3 billion in fiscal year 2012 U.S. mili- son of Transportation Secretary Ray The military argues that since these tary aid for Egypt, the Secretary of LaHood, moved into the U.S. Embassy com- groups were not registered, they were State shall certify that ‘‘the Govern- pound in Cairo out of fear for their safety. in violation of Egyptian law, but this is Meanwhile the Egyptian military delega- ment of Egypt is supporting the transi- tion, headed by Fouad Abdelhalim, defense a transparently specious excuse for tion to civilian government including minister for arms affairs, is here on a busi- shutting them down. Their repeated holding free and fair elections; imple- ness-as-usual mission to discuss security co- applications for registration were nei- menting policies to protect freedom of operation—including the weapons purchases ther granted nor denied. The govern- expression, association, and religion, Egypt makes with the $1.3 billion in U.S. ment simply chose to ignore them. and due process of law.’’ military aid it receives each year. The gen- Egyptian officials also insist that These unprecedented requirements, erals regard this funding as an entitlement, this is simply a matter of upholding linked to the country’s peace treaty with which I wrote, were included for two Israel. They appear to believe that Wash- the rule of law, but the complaint reasons. First, we want to send a clear ington will not dare to cut them off, even if against these organizations was issued message to the Egyptian people that Americans seeking to promote democracy in by a Minister with no direct authority we support their demand for democracy Egypt are made the object of xenophobic over legal matters, and a negative and fundamental freedoms. Second, we slanders and threatened with imprisonment. propaganda campaign was unleashed in want to send a clear message to the Preserving the alliance with Egypt, and the state-controlled media. The con- maintaining good relations with its military, Egyptian military that the days of is an important U.S. interest. But the Obama duct of the raids, seizure of the files blank checks are over. We value the re- administration must be prepared to take an and computers, interrogation of the lationship and will provide substantial uncompromising stand. If the campaign employees, and the no-fly order have amounts of aid, but not uncondition- against U.S., European and Egyptian NGOs not been conducted consistent with ally. They must do their part to sup- is not ended, military aid must be suspended. legal standards but instead seem to be port the transition to civilian govern- Administration officials say Gen. Tantawi politically motivated. No warrants has been warned repeatedly that the aid ment. If the assault against inter- money is at risk. But they tend to blame have been issued, no charging docu- national and Egyptian nongovern- Congress, which attached conditions to the ments made public, and no inventory of mental organizations continues, sev- 2012 military funding over the administra- seized property made available. eral of the requirements for certifi- tion’s objections. Before aid is disbursed, the Many suspect that the force behind cation could not be met. administration is required to certify to Con- this crackdown is Minister of Inter- Egypt has an extraordinary history gress that Egypt is holding free elections and national Cooperation Faiza Aboul dating back thousands of years. Any- protecting freedom of expression and asso- Naga, who was described in a Wash- ciation. Officials acknowledge that no cer- one who has stood at the base of the tification will be possible while the prosecu- ington Post editorial this week as ‘‘a pyramids cannot help but be in awe of tions continue, and that funding could run civilian holdover from the Mubarak re- what that society accomplished cen- out in March. But the legislation provides gime’’ and ‘‘an ambitious demagogue turies before Columbus arrived in for the certification to be waived by the [who] is pursuing a well-worn path in America. It is a destination for thou- State Department on grounds of national se- Egyptian politics—whipping up nation- sands of American tourists and stu- curity. That course must be ruled out. alist sentiment against the United The campaign against the International dents each year. It has the potential to Republican Institute, National Democratic States as a way of attacking liberal op- be a strong force for democratic change Institute and Freedom House, along with a ponents at home.’’ Given Minister and moderation in the Middle East and half-dozen Egyptian and European groups, is Aboul Naga’s recent statements, I north Africa. being led by Minister of International Co- strongly believe that no future U.S. I hope the Egyptian authorities fully operation Faiza Aboul Naga, a civilian hold- Government funds should be provided appreciate the seriousness of this situ- over from the Mubarak regime. Ms. Aboul Naga, an ambitious demagogue, is pursuing a to or through that ministry as long as ation and what is at stake. They need she is in charge. As the chair of the Ap- well-worn path in Egyptian politics—whip- to permit these organizations to reopen ping up nationalist sentiment against the propriations Committee’s Sub- their offices, return the confiscated United States as a way of attacking liberal committee on the State Department property, end investigations of their opponents at home. The regime’s calculation and Foreign Operations, I am confident activities and the activities of Egyp- has always been that it can get away with there is strong support in Congress for tian groups, and register them without such outrages because U.S. policymakers this position. will conclude they can’t afford a rupture in conditions so they can continue to sup- relations with Egypt. But if such a break is A related issue is the Egyptian mili- port the democratic transition. tary’s continued use of vaguely worded to be avoided, the generals must be dis- I ask unanimous consent that the abused of the notion that U.S. military aid is emergency laws to silence dissent. Washington Post editorial be printed in inviolate. While it is encouraging that the head the RECORD. f of the military, General Tantawi, an- There being no objection, the mate- nounced plans to lift the 30-year state rial was ordered to be printed in the PAYING A FAIR SHARE ACT OF 2012 of emergency, that is only a first step. RECORD, as follows: As I have mentioned, for decades the [From the Washington Post, Jan. 31, 2012] Mr. SCHUMER. Madam President, I United States and Egypt have been rise today in support of the Paying a friends and allies. While we have dif- EGYPT’S WITCH HUNT THREATENS A RUPTURE WITH THE U.S. Fair Share Act, also known as the fered over issues of democracy and Buffett rule. This legislation, intro- (Editorial) human rights, our two countries have duced yesterday by my good friend worked together in pursuit of common There is a grotesque incongruity in the from Rhode Island, highlights an im- goals. Our partnership needs to be tour around Washington this week of an Egyptian military delegation even as seven portant conversation about fairness strengthened and broadened to respond Americans who work for congressionally and tax policy in this country. to the interests and aspirations of the funded pro-democracy groups are prevented Now, some of my friends across the Egyptian people themselves. Our long- from leaving Cairo and threatened with aisle have some interesting ways of dis- standing legacy of cooperation with criminal prosecution. What makes it worse cussing the principle that millionaires

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.043 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S320 CONGRESSIONAL RECORD — SENATE February 2, 2012 and billionaires should pay the same ADDITIONAL STATEMENTS Prior to her time in public office, percent of their income taxes as mid- Jean was drawn to Mammoth Spring dle-class families. They call it class for a teaching job. Needless to say, she RECOGNIZING THE ARKANSAS warfare; they call it a political stunt. fell in love with the town and its peo- LIGHTHOUSE FOR THE BLIND But in reality it is neither of those ple and still lives there today. She AND THE ABILITYONE PROGRAM things. The Paying a Fair Share Act is spent 15 years teaching in the school ∑ common sense—the principle that ev- Mr. BOOZMAN. Madam President, district and played a significant role in eryone has a right to earn as much today I wish to recognize Arkansas developing the school’s gifted and tal- Lighthouse for the Blind and the ented program as well as the music and money as they can in America, as long AbilityOne program, two important band programs. Jean’s love of music as they are contributing their fair partners in our efforts to help blind extended beyond the classroom as she share. Americans and those with other severe also taught hundreds of children and We must have a sincere discussion disabilities find meaningful employ- adults piano lessons in her free time. about the distribution of tax burdens ment. Though Jean loved inspiring her stu- in this country. I am proud to be an The AbilityOne Program, formerly dents each day in the classroom, she original cosponsor of the Paying a Fair Javits-Wagner-O’Day, helps more than ultimately decided to pursue a greater Share Act, because it addresses this 47,000 people who are blind or have role in the community and ran for issue head on. other severe disabilities put their mayor. Jean has now served 22 years in skills and talents to work. It is the the mayor’s office, and the city and New York is a large, diverse State largest source of employment for peo- surrounding area have seen substantial full of very different people with very ple who are blind or have other severe improvements with her at the helm. different views—a fact of which I am disabilities in the country. Mayor Pace has a reputation for being extremely proud. But all across the There are more than 600 nonprofit relentless in her pursuit of grant mon- State people agree on the basic prin- agencies throughout the United States, ies and in her efforts to improve the ciple that a Tax Code which allows the including Arkansas Lighthouse for the quality of life for the residents of most privileged of our society, people Blind, who participate in AbilityOne. Mammoth Spring. Her time and efforts making tens and hundreds of millions These agencies produce over $2.3 billion have paved the way for such things as of dollars a year, to pay less than 14 in products and services purchased by a new fire truck for the fire depart- percent in taxes—significantly less the Federal Government. ment, funding for the Aquatic Con- than the average middle-class family— Before entering public service, I prac- servation and Education Center at ticed optometry in Rogers, AK. Assist- is broken. Mammoth Spring National Fish Hatch- ing people with vision problems was ery, and various improvements at the With the introduction of the Paying more than a career for me, it was, and State Park. Her tenure as mayor also a Fair Share Act, we now have before remains, a commitment. It led me to saw Ozarka College open a new loca- us legislation that can significantly re- help establish a low vision program at tion in Mammoth Spring, which has duce our debt and deficit without also the Arkansas School for the Blind in provided additional educational oppor- breaking the backs of middle-class Little Rock and to offer my services as tunities to Mammoth Spring residents. Americans. By ensuring that million- a volunteer optometrist at an area While her work on behalf of the city aires and billionaires pay at least 30 clinic that provides medical services to is how most people know Mayor Pace, percent of their income in taxes—a low-income families. I see a tremen- I would be remiss not to mention pos- rate similar to many average Ameri- dous amount of passion and commit- sibly the toughest and most rewarding cans—we can reinstitute tax fairness in ment in those who give their time and job Jean has held. That is the job of this country, a principle that our Tax services to Arkansas Lighthouse to the mother and grandmother to her won- Code has sadly lacked since the Bush Blind. derful family. Jean’s family includes Having visited the Arkansas Light- tax cuts ballooned our debt by cutting her kids, Suzanne Pace Kimes and house for the Blind, and seeing first- George Spencer Pace; their spouses, taxes for the ultra wealthy. hand the folks who work there and the Curt Kimes and Ellen Pace; and two I invite my colleagues on both sides products they make, I could not be grandkids, George Sheffield Pace and of the aisle to take part in this con- more proud of the work done by these Dalton Christine Pace. I know they versation. I consider the Paying a Fair men and women. will all enjoy being together to cele- Share Act as the beginning of a con- I applaud any organization that helps brate Jean’s 75th birthday next week. versation, not the end of it. As the co- people who are blind or severely dis- Mr. President, I ask all my col- chair of the Senate Philanthropy Cau- abled find employment. The same job leagues to join me in wishing Jean a cus, I was pleased to see that my col- that a colleague or I might take for happy 75th birthday and thank her for granted is a lifeline for those living league from Rhode Island included lan- her 37 years of public service to Mam- with a disability. The products and ∑ guage that ensures we continue to pro- moth Spring. services produced through Arkansas f mote charitable giving and I would Lighthouse for the Blind and other or- have liked to have seen a similar provi- ganizations across the country also REMEMBERING EVELYN LAUDER sion for State and local income taxes. prove that someone with a disability ∑ Mr. LAUTENBERG. Madam Presi- Regardless, I know we will have the op- can lead a productive life and make dent, late last year we lost Evelyn H. portunity to build upon this proposal major contributions within their com- Lauder, a business leader, women’s as it moves through consideration in munity. They provide a valuable serv- health advocate, refugee of nazism— the Senate and I look forward to work- ice and I offer my continued support and a friend. ing with my colleagues to improve it. for their efforts.∑ Evelyn was born in Vienna, Austria, The issues of institutional unfairness f in 1936, the only daughter of Ernest and in our Tax Code and our debt are not Mimi Hausner. Two years later, after TRIBUTE TO JEAN PACE Nazi troops invaded Austria, the going away—not until we act. I hope ∑ Mr. PRYOR. Madam President, it is Hausners fled to England, where my colleagues on both sides of the aisle my great pleasure today to recognize Evelyn’s mother was sent to an intern- can take the Paying a Fair Share Act an Arkansan and a dedicated public ment camp on the Isle of Man. as the beginning of a new chapter in servant on her approaching 75th birth- In 1940, after Mrs. Hausner’s release, the national debate, one that ends with day. Jean Pace, the longtime mayor of the family sailed to the United States. a fairer Tax Code, deficit reduction, Mammoth Spring, AR, will celebrate They settled in New York, where Eve- and a message to the American people her birthday on February 11, 2012. Fam- lyn attended public schools and Hunter that their government will not rest ily and friends will gather to celebrate College. She then married Leonard until we have created a stronger, more not only Jean’s birthday but also her Lauder; had two sons, William and prosperous, and fairer American econ- tireless public service that has spanned Gary; and for a while worked as a omy. 37 years. schoolteacher in New York.

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.029 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S321 When Evelyn’s mother-in-law Este´e more tough than a lot of people. I was one of MESSAGES FROM THE PRESIDENT the few people who spoke my mind to Lauder invited her to join the family’s Messages from the President of the cosmetics company in 1959, it was a Este´e.’’ Mrs. Lauder learned she had breast cancer United States were communicated to small business with a handful of em- the Senate by Mr. Pate, one of his sec- ployees. Evelyn helped build it into an in 1989 and soon became a strong voice on be- half of women’s health, though she was al- retaries. empire. She created the Clinique brand ways reluctant to discuss her own condition. f and held a number of positions at the ‘‘My situation doesn’t really matter,’’ she company, including senior corporate told a reporter in 1995. EXECUTIVE MESSAGES REFERRED vice president. Today, the Este´e She was a creator of the Pink Ribbon cam- As in executive session the Presiding Lauder Companies employ more than paign, a worldwide symbol of breast health, Officer laid before the Senate messages 32,000 people around the world. and in 1993 she founded the Breast Cancer from the President of the United Although Evelyn was a talented busi- Research Foundation, which has raised more States submitting sundry nominations nesswoman, she arguably made her big- than $350 million. which were referred to the appropriate gest impact outside the business world. In 2007 she received a diagnosis of ovarian committees. In 1989, Evelyn was diagnosed with cancer, which developed independently of her breast cancer, Ms. Trower said. (The nominations received today are breast cancer. Instead of allowing her printed at the end of the Senate pro- Evelyn Hausner was born on Aug. 12, 1936, illness to be a setback, Evelyn made it ceedings. a cause. She helped create the pink rib- in Vienna, the only child of Ernest and Mimi bon campaign to raise awareness of Hausner. Her father, a dapper man who lived f in Poland and Berlin before marrying the breast cancer and also founded the daughter of a Viennese lumber supplier, MESSAGES FROM THE HOUSE Breast Cancer Research Foundation, owned a lingerie shop. In 1938, with Hitler’s At 11:40 a.m., a message from the which has raised more than $350 mil- annexation of Austria, the family left Vi- House of Representatives, delivered by lion and supports more than 180 sci- enna, taking a few belongings, including Mr. Novotny, one of its reading clerks, entists based in 13 countries. The household silver, which Ernest Hausner used announced that the House has passed to obtain visas to Belgium. Breast Center at the Memorial Sloan- the following bills, in which it requests Kettering Cancer Center bears her The family eventually reached England, the concurrence of the Senate: name. where Evelyn’s mother was immediately sent to an internment camp on the Isle of H.R. 1173. An act to repeal the CLASS pro- In a New York Times profile in 1995, gram. Evelyn stated, ‘‘I feel it’s important to Man. ‘‘The separation was very traumatic for me,’’ Mrs. Lauder said. Her father placed H.R. 3567. An act to amend title IV of the make a mark somewhere.’’ her in a nursery until her mother could be Social Security Act to require States to im- Madam President, I believe Evelyn released and he could raise money. In 1940, plement policies to prevent assistance under achieved this goal. Her leadership in the family set sail for New York, where her the Temporary Assistance for Needy Fami- business and philanthropy, along with father worked as a diamond cutter during lies (TANF) program from being used in strip her passionate advocacy for women’s the war. clubs, casinos, and liquor stores. health issues, is virtually unmatched. In 1947, he and his wife bought a dress shop H.R. 3835. An act to extend the pay limita- We are thankful for her and the endur- in Manhattan called Lamay. Over time they tion for Members of Congress and Federal employees. ing legacy she left us. expanded it to a chain of five shops. I ask to have printed in the RECORD a Mrs. Lauder grew up on West 86th Street The message also announced that the copy of the obituary the New York and attended Public School 9. During her House agreed to the following concur- Times published at the time of her freshman year at Hunter College, she met rent resolution, in which it requests passing. Leonard Lauder on a blind date. Already the concurrence of the Senate: There being no objection, the mate- graduated from college and training to be a H. Con. Res. 90. Concurrent resolution au- naval officer, Mr. Lauder had grown up on thorizing the printing of the 25th edition of rial was ordered to be printed in the West 76th Street, though in a sense it was a RECORD, as follows: the pocket version of the United States Con- world apart. ‘‘He was the first person who stitution. [From The New York Times, Nov. 12, 2011] took me out to dinner in a restaurant,’’ she EVELYN H. LAUDER, CHAMPION OF BREAST recalled. They married four years later at The message further announced that CANCER RESEARCH, DIES AT 75 the Plaza Hotel. pursuant to 10 U.S.C. 4355(a), and the (By Cathy Horyn) Though always at home by 4 p.m. when her order of the House of January 5, 2011, Evelyn H. Lauder, a refugee of Nazi-occu- two children were little, Mrs. Lauder said the Speaker appoints the following pied Europe who married into an illustrious she never considered being a stay-at-home Members of the House of Representa- family in the beauty business and became an mom, in spite of the family’s growing tives to the Board of Visitors to the ardent advocate for breast cancer awareness, wealth. ‘‘I couldn’t bear it,’’ she said. ‘‘I grew United States Military Academy: Mr. up with a working mother.’’ Mrs. Lauder was raising millions for research, died on Satur- SHIMKUS of Illinois and Mr. WOMACK of also a public school teacher for several day at her home in Manhattan. She was 75. Arkansas. The cause was nongenetic ovarian cancer years. said Alexandra Trower, a spokeswoman for She held many roles at Este´e Lauder, in- ENROLLED BILL SIGNED the Este´e Lauder Companies. cluding creator of training programs and di- At 6:45 p.m., a message from the As the wife of Leonard A. Lauder, the rector of new products and marketing. In House of Representatives, delivered by chairman emeritus of the Este´e Lauder Com- 1989, the year of her breast cancer diagnosis, Mrs. Cole, one of its reading clerks, an- panies, and as the daughter-in-law of the she became the senior corporate vice presi- nounced that the Speaker has signed ´ company’s formidable matriarch, Estee dent and head of fragrance development the following enrolled bill: Lauder, Evelyn Lauder had to establish her worldwide. H.R. 588. An act to redesignate the own place in a family as complex as it was Mrs. Lauder is survived by her husband; Noxubee National Wildlife Refuge as the competitive. her sons, William and Gary; and five grand- Sam D. Hamilton Noxubee National Wildlife Mrs. Lauder frequently told the story of children. how, early in her marriage, she returned to Refuge. Though Mrs. Lauder, an avid photog- the couple’s apartment to find that Este´e f had rearranged the furniture more to her lik- rapher, had a home in Colorado and a pent- ing. When Evelyn and Leonard were dating— house on Fifth Avenue lined with modern MEASURES REFERRED it was only their second date—Este´e im- art, she and her husband liked to retreat to a plain cabin in Putnam County, N.Y., where The following bills were read the first plored her to stay and be the hostess for a and the second times by unanimous birthday party she was giving her son. Mrs. Lauder might serve guests German food ‘‘So I stayed,’’ Mrs. Lauder said in an she had prepared. consent, and referred as indicated: interview in 2008. ‘‘What could I do? She was Asked once how she felt about working H.R. 3567. An act to amend title IV of the like a steamroller.’’ with her husband in the early days, she re- Social Security Act to require States to im- Yet it was clear that Este´e was crazy about plied, ‘‘Working with Leonard was a riot.’’ plement policies to prevent assistance under the young woman, and soon after Evelyn’s Indeed, she joked that he had such a sense of the Temporary Assistance for Needy Fami- marriage, in 1959, she joined the family cos- business, without family favoritism, that lies (TANF) program from being used in strip metics company, then a small enterprise, getting an appointment with him was some- clubs, casinos, and liquor stores; to the Com- pitching in wherever she was needed. times tough. ‘‘It would take me much longer mittee on Finance. ‘‘I was very strong,’’ she said. ‘‘Having had to get a date with him,’’ she said, ‘‘than H.R. 3835. An act to extend the pay limita- a childhood like the one I had, I was much someone who didn’t have his name.’’∑ tion for Members of Congress and Federal

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.006 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S322 CONGRESSIONAL RECORD — SENATE February 2, 2012 employees; to the Committee on Homeland Engineering, Architectural Services, Design of the Senate on January 26, 2012; to the Security and Governmental Affairs. Policies and Construction Standards’’ (7 CFR Committee on Commerce, Science, and The following concurrent resolution Parts 1724 and 1726) received in the Office of Transportation. EC–4898. A communication from the Senior was read, and referred as indicated: the President of the Senate on January 31, 2012; to the Committee on Agriculture, Nu- Program Analyst, Federal Aviation Adminis- H. Con. Res. 90. Concurrent resolution au- trition, and Forestry. tration, Department of Transportation, thorizing the printing of the 25th edition of EC–4889. A communication from the Sec- transmitting, pursuant to law, the report of the pocket version of the United States Con- retary of Transportation, transmitting, pur- a rule entitled ‘‘Amendment of Federal Air- stitution; to the Committee on Rules and suant to law, a report entitled, ‘‘Funda- ways; Alaska’’ ((RIN2120–AA66) (Docket No. Administration. mental Properties of Asphalts and Modified FAA–2011–0010)) received in the Office of the f Asphalts—III’’; to the Committee on Com- President of the Senate on January 26, 2012; merce, Science, and Transportation. to the Committee on Commerce, Science, MEASURES READ THE FIRST TIME EC–4890. A communication from the Sec- and Transportation. retary of Transportation, transmitting, pur- EC–4899. A communication from the Senior The following bill was read the first suant to law, a report relative to obligations Program Analyst, Federal Aviation Adminis- time: and unobligated balances of funds provided tration, Department of Transportation, S. 2064. A bill to amend the Internal Rev- for Federal-aid highway and safety construc- transmitting, pursuant to law, the report of enue Code of 1986 to terminate certain en- tion programs during fiscal year 2010; to the a rule entitled ‘‘Airworthiness Directives; ergy tax subsidies and lower the corporate Committee on Commerce, Science, and International Aero Engines Turbofan En- income tax rate. Transportation. gines’’ ((RIN2120–AA64) (Docket No. FAA– EC–4891. A communication from the Chair f 2010–0494)) received in the Office of the Presi- of the Aerospace Safety Advisory Panel, Na- dent of the Senate on January 26, 2012; to the EXECUTIVE AND OTHER tional Aeronautics and Space Administra- Committee on Commerce, Science, and COMMUNICATIONS tion, transmitting, pursuant to law, the Pan- Transportation. el’s annual report for 2011; to the Committee EC–4900. A communication from the Senior The following communications were on Commerce, Science, and Transportation. Program Analyst, Federal Aviation Adminis- laid before the Senate, together with EC–4892. A communication from the Senior tration, Department of Transportation, accompanying papers, reports, and doc- Regulations Analyst, Office of the Secretary transmitting, pursuant to law, the report of uments, and were referred as indicated: of Transportation, Department of Transpor- a rule entitled ‘‘Airworthiness Directives; tation, transmitting, pursuant to law, a rule BAE SYSTEMS (Operations) Limited Air- EC–4882. A communication from the Dep- entitled ‘‘Transportation for Individuals uty Assistant Administrator, Office of Diver- planes’’ ((RIN2120–AA64) (Docket No. FAA– With Disabilities at Intercity, Commuter, 2011–0911)) received in the Office of the Presi- sion Control, Drug Enforcement Agency, De- and High Speed Passenger Railroad Station partment of Justice, transmitting, pursuant dent of the Senate on January 26, 2012; to the Platforms; Miscellaneous Amendments’’ Committee on Commerce, Science, and to law, the report of a rule entitled ‘‘Tech- (RIN2105–AD54) received in the Office of the nical Amendments and Corrections to DEA Transportation. President of the Senate on January 26, 2012; EC–4901. A communication from the Senior Regulations’’ (Docket No. DEA–356) received to the Committee on Commerce, Science, Program Analyst, Federal Aviation Adminis- in the Office of the President of the Senate and Transportation. tration, Department of Transportation, on January 31, 2012; to the Committee on the EC–4893. A communication from the Senior transmitting, pursuant to law, the report of Judiciary. Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; EC–4883. A communication from the Assist- tration, Department of Transportation, Lycoming Engines, Fuel Injected Recipro- ant Attorney General, transmitting, pursu- transmitting, pursuant to law, the report of cating Engines’’ ((RIN2120–AA64) (Docket No. ant to law, a report relative to grants made a rule entitled ‘‘Amendment of VOR Federal FAA–2007–0218)) received in the Office of the under the Paul Coverdell National Forensic Airways V-81, V-89, and V-169 in the Vicinity President of the Senate on January 26, 2012; Science Improvement Grants Program; to of Chadron, Nebraska’’ ((RIN2120–AA66) to the Committee on Commerce, Science, the Committee on the Judiciary. (Docket No. FAA–2010–1016)) received in the and Transportation. EC–4884. A communication from the Chief Office of the President of the Senate on Jan- EC–4902. A communication from the Senior Human Capital Officer, Small Business Ad- uary 26, 2012; to the Committee on Com- Program Analyst, Federal Aviation Adminis- ministration, transmitting, pursuant to law, merce, Science, and Transportation. tration, Department of Transportation, a report relative to a vacancy in the position EC–4894. A communication from the Senior transmitting, pursuant to law, the report of of Chief Counsel for Advocacy, received in Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; the Office of the President of the Senate on tration, Department of Transportation, The Boeing Company Airplanes’’ ((RIN2120– January 30, 2012; to the Committee on Small transmitting, pursuant to law, the report of AA64) (Docket No. FAA–2011–0649)) received Business and Entrepreneurship. a rule entitled ‘‘Amendment of Restricted in the Office of the President of the Senate EC–4885. A communication from the Direc- Areas R-210A, B, C, D and E; Huntsville, AL’’ on January 26, 2012; to the Committee on tor of the Regulation Policy and Manage- ((RIN2120–AA66) (Docket No. FAA–2010–0693)) Commerce, Science, and Transportation. ment Office, Veterans Benefits Administra- received in the Office of the President of the EC–4903. A communication from the Senior tion, Department of Veterans Affairs, trans- Senate on January 26, 2012; to the Committee Program Analyst, Federal Aviation Adminis- mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. tration, Department of Transportation, entitled ‘‘Dental Conditions’’ (RIN2900–AN28) EC–4895. A communication from the Senior transmitting, pursuant to law, the report of received in the Office of the President of the Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Amendment of Class D and E Senate on January 30, 2012; to the Com- tration, Department of Transportation, Airspace; North Philadelphia, PA’’ mittee on Veterans’ Affairs. transmitting, pursuant to law, the report of ((RIN2120–AA66) (Docket No. FAA–2011–0625)) EC–4886. A communication from the Direc- a rule entitled ‘‘Revocation and Establish- received in the Office of the President of the tor of the Regulation Policy and Manage- ment of Compulsory Reporting Point; Alas- Senate on January 26, 2012; to the Committee ment Office, National Cemetery Administra- ka’’ ((RIN2120–AA66) (Docket No. FAA–2011– on Commerce, Science, and Transportation. tion, Department of Veterans Affairs, trans- 1238)) received in the Office of the President EC–4904. A communication from the Senior mitting, pursuant to law, the report of a rule of the Senate on January 26, 2012; to the Program Analyst, Federal Aviation Adminis- entitled ‘‘Tribal Veterans Cemetery Grants’’ Committee on Commerce, Science, and tration, Department of Transportation, (RIN2900–AN90) received in the Office of the Transportation. transmitting, pursuant to law, the report of President of the Senate on January 30, 2012; EC–4896. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; to the Committee on Veterans’ Affairs. Program Analyst, Federal Aviation Adminis- Bell Helicopter Textron Canada (Bell) Model EC–4887. A communication from the Acting tration, Department of Transportation, 407 and 427 Helicopters’’ ((RIN2120–AA64) Administrator of the Fruit and Vegetable transmitting, pursuant to law, the report of (Docket No. FAA–2011–1035)) received in the Programs, Agricultural Marketing Service, a rule entitled ‘‘Amendment of VOR Federal Office of the President of the Senate on Jan- Department of Agriculture, transmitting, Airways V-320 and V-440; Alaska’’ ((RIN2120– uary 26, 2012; to the Committee on Com- pursuant to law, the report of a rule entitled AA66) (Docket No. FAA–2011–1014)) received merce, Science, and Transportation. ‘‘Irish Potatoes Grown in Colorado; Modi- in the Office of the President of the Senate fication of the Handling Regulation for Area on January 26, 2012; to the Committee on f No. 3’’ (Docket No. AMS–FV–11–0051; FV11– Commerce, Science, and Transportation. EXECUTIVE REPORTS OF 948–1 FR) received in the Office of the Presi- EC–4897. A communication from the Senior COMMITTEE dent of the Senate on January 26, 2012; to the Program Analyst, Federal Aviation Adminis- Committee on Agriculture, Nutrition, and tration, Department of Transportation, The following executive reports of Forestry. transmitting, pursuant to law, the report of nominations were submitted: EC–4888. A communication from the Ad- a rule entitled ‘‘Amendment to and Estab- By Mr. LEAHY for the Committee on the ministrator, Rural Utilities Service, Depart- lishment of Restricted Areas; Warren Grove, Judiciary. ment of Agriculture, transmitting, pursuant NJ’’ ((RIN2120–AA66) (Docket No. FAA–2011– Paul J. Watford, of California, to be United to law, the report of a rule entitled ‘‘Electric 0104)) received in the Office of the President States Circuit Judge for the Ninth Circuit.

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Anuj Chang Desai, of Wisconsin, to be a American families and the Federal and State S. 1925 Member of the Foreign Claims Settlement governments money, and to help family At the request of Mr. LEAHY, the Commission of the United States for the caregivers; to the Committee on Health, name of the Senator from New Jersey term expiring September 30, 2011. Education, Labor, and Pensions. (Mr. MENENDEZ) was added as a cospon- Anuj Chang Desai, of Wisconsin, to be a f Member of the Foreign Claims Settlement sor of S. 1925, a bill to reauthorize the Commission of the United States for the SUBMISSION OF CONCURRENT AND Violence Against Women Act of 1994. term expiring September 30, 2014. SENATE RESOLUTIONS S. 1982 Dennis J. Erby, of Mississippi, to be United At the request of Mr. CASEY, the States Marshal for the Northern District of The following concurrent resolutions name of the Senator from Connecticut Mississippi for the term of four years. and Senate resolutions were read, and (Mr. BLUMENTHAL) was added as a co- (Nominations without an asterisk referred (or acted upon), as indicated: sponsor of S. 1982, a bill to amend the were reported with the recommenda- By Ms. LANDRIEU (for herself, Mr. Older Americans Act of 1965 to develop tion that they be confirmed.) MCCAIN, and Mr. KERRY): and test an expanded and advanced role S. Res. 367. A resolution designating Janu- for direct care workers who provide f ary 2012 as ‘‘National Mentoring Month’’; long-term services and supports to INTRODUCTION OF BILLS AND considered and agreed to. older individuals in efforts to coordi- JOINT RESOLUTIONS f nate care and improve the efficiency of The following bills and joint resolu- ADDITIONAL COSPONSORS service delivery. tions were introduced, read the first AMENDMENT NO. 1471 S. 33 and second times by unanimous con- At the request of Mr. HOEVEN, his sent, and referred as indicated: At the request of Mr. LIEBERMAN, the name of the Senator from New Jersey name was added as a cosponsor of By Mr. PAUL (for himself, Mr. DEMINT, amendment No. 1471 proposed to S. Mr. LEE, Mr. RISCH, and Mr. COBURN): (Mr. MENENDEZ) was added as a cospon- sor of S. 33, a bill to designate a por- 2038, an original bill to prohibit Mem- S. 2062. A bill to amend the Lacey Act bers of Congress and employees of Con- Amendments of 1981 to repeal certain provi- tion of the Arctic National Wildlife sions relating to criminal penalties and vio- Refuge as wilderness. gress from using nonpublic information derived from their official positions for lations of foreign laws, and for other pur- S. 414 poses; to the Committee on Environment and personal benefit, and for other pur- Public Works. At the request of Mr. DURBIN, the poses. By Mr. WEBB: name of the Senator from Connecticut At the request of Mr. MCCAIN, the S. 2063. A bill to prohibit the transfer of (Mr. BLUMENTHAL) was added as a co- name of the Senator from Rhode Island technology developed using funding provided sponsor of S. 414, a bill to protect girls (Mr. WHITEHOUSE) was added as a co- by the United States Government to entities in developing countries through the sponsor of amendment No. 1471 pro- of certain countries, and for other purposes; prevention of child marriage, and for posed to S. 2038, supra. to the Committee on Commerce, Science, other purposes. and Transportation. AMENDMENT NO. 1473 By Mr. DEMINT (for himself and Mr. S. 1023 At the request of Mr. COBURN, the LEE): At the request of Mr. DURBIN, the names of the Senator from South Caro- S. 2064. A bill to amend the Internal Rev- names of the Senator from Rhode Is- lina (Mr. GRAHAM) and the Senator enue Code of 1986 to terminate certain en- land (Mr. WHITEHOUSE) and the Senator from Wyoming (Mr. ENZI) were added ergy tax subsidies and lower the corporate from Florida (Mr. NELSON) were added as cosponsors of amendment No. 1473 income tax rate; read the first time. as cosponsors of S. 1023, a bill to au- proposed to S. 2038, an original bill to By Mr. KYL (for himself, Mr. MCCAIN, thorize the President to provide assist- Mr. CORNYN, Mr. GRAHAM, Mr. RUBIO, prohibit Members of Congress and em- Ms. AYOTTE, and Mr. THUNE): ance to the Government of Haiti to end ployees of Congress from using non- S. 2065. A bill to amend the Balanced Budg- within 5 years the deforestation in public information derived from their et and Emergency Deficit Control Act of 1985 Haiti and restore within 30 years the official positions for personal benefit, to modify the discretionary spending limits extent of tropical forest cover in exist- and for other purposes. to take into account savings resulting from ence in Haiti in 1990, and for other pur- AMENDMENT NO. 1474 the reduction in the number of Federal em- poses. At the request of Mr. COBURN, the ployees and extending the pay freeze for Fed- eral employees; to the Committee on the S. 1269 name of the Senator from South Caro- Budget. At the request of Ms. SNOWE, the lina (Mr. GRAHAM) was added as a co- By Ms. MURKOWSKI (for herself and names of the Senator from California sponsor of amendment No. 1474 pro- Mr. MANCHIN): (Mrs. BOXER) and the Senator from posed to S. 2038, an original bill to pro- S. 2066. A bill to recognize the heritage of Vermont (Mr. SANDERS) were added as hibit Members of Congress and employ- recreational fishing, hunting, and shooting cosponsors of S. 1269, a bill to amend ees of Congress from using nonpublic on Federal public land and ensure continued the Elementary and Secondary Edu- information derived from their official opportunities for those activities; to the positions for personal benefit, and for Committee on Energy and Natural Re- cation Act of 1965 to require the Sec- sources. retary of Education to collect informa- other purposes. By Mr. CASEY (for himself and Mr. tion from coeducational secondary f MCCAIN): schools on such schools’ athletic pro- STATEMENTS ON INTRODUCED S. 2067. A bill to amend the Federal Food, grams, and for other purposes. Drug, and Cosmetic Act with respect to med- BILLS AND JOINT RESOLUTIONS S. 1421 ical device regulation, and for other pur- By Mr. KYL (for himself, Mr. At the request of Mr. PORTMAN, the poses; to the Committee on Health, Edu- MCCAIN, Mr. CORNYN, Mr. GRAHAM, Mr. name of the Senator from California cation, Labor, and Pensions. RUBIO, Ms. AYOTTE, and Mr. THUNE): By Ms. LANDRIEU (for herself, Mr. (Mrs. FEINSTEIN) was added as a co- S. 2065. A bill to amend the Balanced ISAKSON, Mr. NELSON of Nebraska, sponsor of S. 1421, a bill to authorize Budget and Emergency Deficit Control and Ms. MURKOWSKI): the Peace Corps Commemorative Foun- S. 2068. A bill to amend title XXVII of the Act of 1985 to modify the discretionary dation to establish a commemorative spending limits to take into account Public Health Service Act to preserve con- work in the District of Columbia and sumer and employer access to licensed inde- savings resulting from the reduction in pendent insurance producers; to the Com- its environs, and for other purposes. the number of Federal employees and mittee on Health, Education, Labor, and S. 1884 extending the pay freeze for Federal Pensions. At the request of Mr. DURBIN, the employees; to the Committee on the By Ms. MIKULSKI (for herself, Mr. name of the Senator from Mississippi Budget. KERRY, Ms. COLLINS, Mr. (Mr. COCHRAN) was added as a cospon- Mr. KYL. Mr. President, I ask unani- BLUMENTHAL, and Mr. WARNER): sor of S. 1884, a bill to provide States S. 2069. A bill to amend the Public Health mous consent that the text of the bill Service Act to speed American innovation in with incentives to require elementary be printed in the RECORD. research and drug development for the lead- schools and secondary schools to main- There being no objection, the text of ing causes of death that are the most costly tain, and permit school personnel to the bill was ordered to be printed in chronic conditions for our Nation, to save administer, epinephrine at schools. the RECORD as follows:

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.042 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S324 CONGRESSIONAL RECORD — SENATE February 2, 2012 S. 2065 ‘‘(ii) for the revised nonsecurity category, Representatives MARKEY and SMITH Be it enacted by the Senate and House of Rep- $500,000,000,000 in budget authority. and community organizations and lead- resentatives of the United States of America in ‘‘(C) For fiscal year 2015— ers such as George and Trish Congress assembled, ‘‘(i) for the revised security category, Vradenburg’s U.S. Against Alzheimer’s. $560,000,000,000 in budget authority; and SECTION 1. SHORT TITLE. This legislation will help us sprint to This Act may be cited as the ‘‘Down Pay- ‘‘(ii) for the revised nonsecurity category, ment to Protect National Security Act of $510,000,000,000 in budget authority. the finish line by getting innovative 2012’’. ‘‘(D) For fiscal year 2016— therapies from bench to bedside more SEC. 2. REDUCTION IN THE NUMBER OF FED- ‘‘(i) for the revised security category, quickly for chronic diseases like Alz- ERAL EMPLOYEES. $571,000,000,000 in budget authority; and heimer’s. It spurs innovation in ad- (a) DEFINITION.—In this section, the term ‘‘(ii) for the revised nonsecurity category, vanced research and drug, device, and ‘‘agency’’ has the meaning given the term $520,000,000,000 in budget authority. diagnostics development for chronic ‘‘Executive agency’’ under section 105 of title ‘‘(E) For fiscal year 2017— health conditions that are leading 5, United States Code. ‘‘(i) for the revised security category, (b) DETERMINATION OF NUMBER OF EMPLOY- $584,000,000,000 in budget authority; and causes of death as well as the most EES.—Not later than 60 days after the date of ‘‘(ii) for the revised nonsecurity category, costly to taxpayers and families. enactment of this Act, the Director of the $531,000,000,000 in budget authority. The act puts the focus where it needs Office of Management and Budget shall de- ‘‘(F) For fiscal year 2018— to be. It tackles the health problems termine the number of full-time employees ‘‘(i) for the revised security category, we are challenged with today and will employed in each agency. The head of each $598,000,000,000 in budget authority; and be faced with in the future if there is agency shall cooperate with the Director of ‘‘(ii) for the revised nonsecurity category, inaction. We must conquer these com- the Office of Management and Budget in $543,000,000,000 in budget authority. plex health conditions and plug the making the determinations. ‘‘(G) For fiscal year 2019— drain that draws money from our na- (c) REPLACEMENT HIRE RATE.— ‘‘(i) for the revised security category, (1) IN GENERAL.—During the period de- $610,000,000,000 in budget authority; and tion’s economy and patients, families, scribed under paragraph (2), the head of each ‘‘(ii) for the revised nonsecurity category, and taxpayers checkbooks. agency may hire no more than 2 employees $556,000,000,000 in budget authority. It is been over 10 years since a new in that agency for every 3 employees who ‘‘(H) For fiscal year 2020— Alzheimer’s drug entered the U.S. mar- leave employment in that agency. ‘‘(i) for the revised security category, ket. Eleven industry sponsored clinical (2) PERIOD OF REPLACEMENT HIRE RATE.— $624,000,000,000 in budget authority; and trials have failed in recent years. It Paragraph (1) shall apply to each agency dur- ‘‘(ii) for the revised nonsecurity category, takes 10 to 15 years to develop a drug ing the period beginning 60 days after the $568,000,000,000 in budget authority. and get the FDA gold seal of approval. date of enactment of this Act through the ‘‘(I) For fiscal year 2021— date on which the Director of the Office of ‘‘(i) for the revised security category, Each drug that successfully enters the Management and Budget makes a determina- $638,000,000,000 in budget authority; and market, costs over $1 billion to de- tion that the number of full-time employees ‘‘(ii) for the revised nonsecurity category, velop. This is because of the high fail- employed in that agency is 5 percent less $579,000,000,000 in budget authority.’’. ure rates in the ‘‘Valley of Death.’’ than the number of full-time employees em- SEC. 5. CALCULATION OF TOTAL DEFICIT REDUC- Currently, 5 million Americans have ployed in that agency determined under sub- TION. Alzheimer’s and 15 million Americans section (a). Section 251A of the Balanced Budget and are caring for a loved one with Alz- (d) WAIVERS.—This section may be waived Emergency Deficit Control Act of 1985 (2 heimer’s. There are no drugs on the upon a determination by the President U.S.C. 901a) is amended— that— (1) in paragraph (3)— market today to delay-onset, prevent, (1) the existence of a state of war or other (A) in subparagraph (A), by striking or cure Alzheimer’s. Medicare spending national security concern so requires; or ‘‘$1,200,000,000,000’’ and inserting for Alzheimer’s patients is 3 times (2) the existence of an extraordinary emer- ‘‘$1,073,000,000,000’’; and higher than Medicare patients without gency threatening life, health, public safety, (B) in subparagraph (D), by striking ‘‘by 9’’ Alzheimer’s. Medicaid spending for Alz- property, or the environment so requires. and inserting ‘‘by 8’’; heimer’s patients age 65 and older is 9 SEC. 3. EXTENSION OF PAY FREEZE FOR FED- (2) in paragraph (4), by striking ‘‘On Janu- times higher. This is unsustainable. ERAL EMPLOYEES. ary 2, 2013, for fiscal year 2013, and in’’ and Families are left bewildered, bereft, (a) IN GENERAL.—Section 147 of the Con- inserting ‘‘In’’; tinuing Appropriations Act, 2011 (Public Law (3) in paragraphs (5) and (6), by striking and broke. 111–242; 5 U.S.C. 5303 note) is amended— ‘‘2013’’ each place it appears and inserting I know what this is like. My own dear (1) in subsection (b)(1), by striking ‘‘De- ‘‘2014’’; and father was one of the 5 million Ameri- cember 31, 2012’’ and inserting ‘‘June 30, (4) in paragraph (7)— cans with Alzheimer’s. I remember 2014’’; and (A) by striking ‘‘REDUCTIONS.—’’ and all when I would go to visit him. It didn’t (2) in subsection (c), by striking ‘‘Decem- that follows through ‘‘FISCAL YEARS 2014- matter that I was a United States Sen- ber 31, 2012’’ and inserting ‘‘June 30, 2014’’. 2021.—On the date’’ and inserting ‘‘REDUC- ator or the Senator who represents the (b) CLARIFICATION THAT FREEZE APPLIES TO TIONS.—On the date’’; and MEMBERS OF CONGRESS.—Notwithstanding National Institutes of Health. It didn’t (B) by redesignating clauses (i) and (ii) as matter that I could get Nobel Prize any other provision of law, no adjustment subparagraphs (A) and (B), respectively, and shall be made under section 601(a) of the Leg- adjusting the margin accordingly. winners on the phone. The information islative Reorganization Act of 1946 (2 U.S.C. that would have made his life easier 31) (relating to cost of living adjustments for By Ms. MIKULSKI (for herself, just wasn’t there. My family and I Members of Congress) during the period be- Mr. KERRY, Ms. COLLINS, Mr. knew about the long goodbye. We lived ginning on the first day of the first pay pe- BLUMENTHAL, and Mr. WARNER): the 36-hour day. It was devastating for riod beginning on or after February 1, 2013 him, heart-breaking to my mother, and and ending on June 30, 2014. S. 2069. A bill to amend the Public heart-wrenching for my sisters and me. SEC. 4. REDUCTION OF REVISED DISCRETIONARY Health Service Act to speed American SPENDING LIMITS TO ACHIEVE SAV- innovation in research and drug devel- What was difficult was not only the INGS FROM FEDERAL EMPLOYEE opment for the leading causes of death disease but that we also felt powerless. PROVISIONS. that are the most costly chronic condi- All we could do was make my father Paragraph (2) of section 251A of the Bal- tions for our Nation, to save American comfortable. There was no cure. There anced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is amended to read families and the Federal and State gov- was no safety net for our family. as follows: ernments money, and to help family I vowed to do everything I could. Not ‘‘(2) REVISED DISCRETIONARY SPENDING LIM- caregivers; to the Committee on just to support research and develop- ITS.—The discretionary spending limits for Health, Education, Labor, and Pen- ment in Alzheimer’s but also to create fiscal years 2013 through 2021 under section sions. a safety net for families. I know it is 251(c) shall be replaced with the following: Ms. MIKULSKI. Mr. President, I am gut-wrenching to wonder how you’ll be ‘‘(A) For fiscal year 2013— proud to introduce the Spending Re- able to care for a parent. I have always ‘‘(i) for the revised security category, ductions Through Innovations in believed Honor thy mother and father’ $546,000,000,000 in budget authority; and Therapies Agenda Act with my good is a good commandment to live by and ‘‘(ii) for the revised nonsecurity category, $501,000,000,000 in budget authority. friends and colleagues, Senators COL- a good policy to govern by. We need in- ‘‘(B) For fiscal year 2014— LINS, KERRY, BLUMENTHAL, and WAR- novative strategies like the SPRINT ‘‘(i) for the revised security category, NER. This is a bi-partisan and bi-cam- program to make sure your brain span $551,000,000,000 in budget authority; and eral bill that I have worked on with lasts your life span.

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.036 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S325 SPRINT speeds the development of ing with Alzheimer’s. We are working for Alzheimer’s and other high-cost drugs and therapies to combat the together because a Congress that chronic conditions. most deadly and costly chronic dis- works together works the best. We will Funding provided under the bill will eases. It compresses the product devel- get this done. Some people want to go be targeted to chronic conditions des- opment timeline and increases the vol- to Mars but I want to be in the United ignated by the Centers for Disease Con- ume of drugs in the development pipe- States of America when they say ‘‘we trol and Prevention as being among the line so that priority is given to the found a cure for Alzheimer’s.’’ top 10 causes of death and focused on most promising drugs. This bill expe- Ms. COLLINS. Mr. President, today I those that account for high current dites the Food and Drug Administra- wish to, with my colleague from Mary- and projected costs to Federal health tion review process. It helps get more land, introduce the Spending Reduc- programs; reduce a victim’s ability to drugs out of the labs and into patient’s tions through Innovations in Therapies carry out activities of daily living; hands more quickly. agenda, or SPRINT, Act, a bipartisan, have a death rate that has increased This act establishes a new program— bicameral bill to accelerate the devel- and is projected to increase signifi- the SPRINT Program. SPRINT will de- opment of treatments and therapies for cantly in future years; and lack exist- velop new therapies to reduce federal high-cost diseases such as Alzheimer’s, ing therapies to prevent, control, or health care spending on chronic health diabetes, cancer, and heart disease. cure the condition or delay cognitive conditions like Alzheimer’s, diabetes, Alzheimer’s and other chronic condi- decline. heart disease and cancer that are the tions take a tremendous personal and Each Federal dollar awarded under leading causes of death identified by economic toll on millions of Americans the program must be matched by at least $2 in private funding, and the Sec- the Centers for Disease Control and and their families. Moreover, in addi- retary may modify or terminate fund- Prevention. In fact, some researchers tion to the human suffering they cause, ing for projects that fail to meet mile- are already working hard to see if dia- they pose significant challenges to the stones. Finally, the legislation will ex- betes or heart diseases are associated fiscal health of our Nation. pedite review by the Food and Drug with Alzheimer’s. I have seen first- Alzheimer’s disease alone costs the Administration of the therapies devel- hand that many Alzheimer’s patients United States $183 billion a year, a fig- oped through the program so they can have multiple chronic conditions. ure that will only increase exponen- be delivered to patients as quickly as SPRINT directs the Secretary of tially as the baby-boom generation possible. Health and Human Services to work ages. If nothing is done to slow or stop Chronic diseases such as Alzheimer’s, the disease, Alzheimer’s will cost the collaboratively with non-profit inves- heart disease, diabetes, and cancer United States $20 trillion over the next tors to identify public and private or- cause great suffering and financial ganizations with expertise in devel- 40 years. hardship for millions of Americans and At a time of mounting deficits, the oping therapies for these conditions their families. Given their increasing increasing incidence of diseases such as like a biotech company or an academic prevalence as our population ages, they diabetes and Alzheimer’s also has dire health center such as University of also threaten to bankrupt critically implications for our Federal budget. Maryland or Johns Hopkins. Prize pay- important programs like Medicare and For example, it is estimated that ments, contracts, grants, or coopera- Medicaid. tive agreements will be awarded to ac- spending on diabetes accounts for one The SPRINT Act will leverage a rel- celerate development of therapies that out of three Medicare dollars. The av- atively small Federal investment to have potential to prevent or diagnose, erage annual Medicare payment for an speed the development of therapies delay onset or cure, and aid recovery or individual with Alzheimer’s is three that have the potential to prevent, improve health outcomes for Alz- times higher than for those without delay, cure, and improve outcomes for heimer’s disease and other high-cost the condition. For Medicaid, average these terrible diseases. It also offers us conditions. payments for someone with Alz- an opportunity to control the costs as- This bill is built on a public-private heimer’s are nine times higher. sociated with these devastating condi- partnership. We will make a $50 million The Federal Government is currently tions. I urge my colleagues to join us Federal investment and leverage pri- spending hundreds of billions of dollars in cosponsoring this important legisla- vate capital by raising $2 in private in- a year caring for patients suffering tion. I ask unanimous consent that a vestment for every Federal dollar to from Alzheimer’s disease, diabetes, letter from the Alzheimer’s Associa- combat this problem together. For this cancer, heart disease, and other condi- tion endorsing our legislation be print- small investment we will get huge re- tions. This pricetag will only increase ed in the RECORD. turns in lives saved and new cures. By as our population ages. Left un- There being no objection, the mate- making a small investment today we checked, these devastating diseases rial was ordered to be printed in the will save billions in future health care threaten not only to destroy our Na- RECORD, as follows: spending and long-term care costs. Alz- tion’s health, but also to bankrupt our ALZHEIMER’S ASSOCIATION, heimer’s Association estimates that finances. PUBLIC POLICY OFFICE, Alzheimer’s alone costs our federal The SPRINT Act, which we are intro- Washington, DC, January 31, 2012. health programs, Medicare and Med- ducing today, is intended to speed the Hon. SUSAN COLLINS, icaid, over $183 billion annually. development of therapies to signifi- U.S. Senate, SPRINT is a job creator. Manufactur- cantly modify, cure, or prevent these Washington, DC. ers in Maryland and other states are on high-cost, chronic conditions. Among DEAR SENATOR COLLINS: On behalf of the Alzheimer’s Association, thank you for your the frontier of discovering new drugs other provisions, the bill authorizes $50 leadership on issues important to Americans and biologics. By helping patients find million for a public-private SPRINT with Alzheimer’s disease and their care- new treatments we can also make tar- program and fund within the Depart- givers. As the co-chair of the Congressional geted investments in our innovation ment of Health and Human Services to Alzheimer’s Task Force you are well-aware economy. Biotech companies are an support advanced research into prom- of the national and global epidemic that is economic engine in Maryland’s econ- ising therapies that are most likely to Alzheimer’s disease. This devastating disease omy. SPRINT helps America remain improve health outcomes and reduce is the ultimate thief—a thief of memories, thief of independence, thief of control, thief number one in biomedical innovation health care costs. of time and ultimately, a thief of life. The and job creation. Modeled after the successful Defense Alzheimer’s Association is pleased to support I have a saying, ‘‘each of us can make Advance Research Project Agency, your bill, the Spending Reductions through a difference and together we can make DARPA, the SPRINT program and fund Innovations in Therapies Agenda Act of 2012 change’’. I will keep fighting for a cure will complement the basic research (SPRINT Act), which would create a novel for Alzheimer’s. I will keep fighting to done by the National Institutes of mechanism to target research investments support our innovative industries in Health. It will work through public-pri- that development of new treatments and re- their quest for new therapies and treat- vate partnerships to provide modest re- duce overall spending by Federal health care programs for high-cost chronic conditions, ments that will help patients globally sources to research institutions and including Alzheimer’s disease. and create jobs domestically. And I other innovators conducting advanced The Alzheimer’s Association is the world’s will keep fighting to help families liv- research into therapies and treatments leading voluntary health organization in

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.038 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S326 CONGRESSIONAL RECORD — SENATE February 2, 2012 Alzheimer’s care, support and research. Our able vigor, creativity, and resourcefulness of ‘‘(1) A Member of Congress. mission is to eliminate Alzheimer’s disease the thousands of mentoring programs in ‘‘(2) An officer or employee of Congress re- and other dementias through the advance- communities throughout the United States; quired to file a report under this section. ment of research, to provide and enhance Whereas, in spite of the progress made in ‘‘(3) The President. care and support for all affected; and to re- increasing mentoring, the United States has ‘‘(4) The Vice President. duce the risk of dementia through the pro- a serious ‘‘mentoring gap’’, with nearly ‘‘(5) Each employee appointed to a position motion of brain health. Our vision is a world 15,000,000 young people in need of mentors; in the executive branch, the appointment to without Alzheimer’s. Whereas mentoring partnerships between which requires advice and consent of the In 2011, the cost of caring for those with the public and private sectors bring State Senate, except for— Alzheimer’s to American society will total and local leaders together to support men- ‘‘(A) an individual appointed to a posi- an estimated $183 billion, according to Alz- toring programs by preventing duplication of tion— heimer’s Association’s 2011 Alzheimer’s Dis- efforts, offering training in industry best ‘‘(i) as a Foreign Service Officer below the ease Facts and Figures report. This is an $11 practices, and making the most of limited rank of ambassador; or billion increase over last year—a rate of in- resources to benefit young people in the ‘‘(ii) in the uniformed services for which crease more than four times inflation. Ac- United States; the pay grade prescribed by section 201 of cording to the Alzheimer’s Association re- Whereas the designation of January 2012 as title 37, United States Code is O-6 or below; port, Changing the Trajectory of Alzheimer’s ‘‘National Mentoring Month’’ will help call or Disease: A National Imperative, unless a attention to the critical role mentors play in ‘‘(B) a special government employee, as de- treatment is found that can prevent cure, or helping young people realize their potential; fined under section 202 of title 18, United even slow the progression, by 2050, as many Whereas a month-long celebration of men- States Code. as 16 million Americans will have Alz- toring will encourage more individuals and ‘‘(6) Any employee in a position in the ex- heimer’s disease and the cost of care will organizations, including schools, businesses, ecutive branch who is a noncareer appointee surpass $1 trillion annually (in today’s dol- nonprofit organizations, faith institutions, in the Senior Executive Service (as defined lars). This will create an enormous strain on and foundations, to become engaged in men- under section 3132(a)(7) of title 5, United the health care system, families and the fed- toring across the United States; and States Code) or a similar personnel system eral budget. Whereas, most significantly, National for senior employees in the executive The SPRINT Act aims to speed American Mentoring Month— branch, such as the Senior Foreign Service, innovation in research and drug development (1) will build awareness of mentoring; and except that the Director of the Office of Gov- for the leading causes of death that are the (2) will encourage more people to become ernment Ethics may, by regulation, exclude most costly chronic conditions for our Na- mentors and help close the mentoring gap in from the application of this paragraph any tion, which includes Alzheimer’s disease. The the United States: Now, therefore, be it individual, or group of individuals, who are legislation highlights the growing need for Resolved, That the Senate— in such positions, but only in cases in which research and the importance of finding inno- (1) designates the month of January 2012 as the Director determines such exclusion vative ways to find a cure for Alzheimer’s on ‘‘National Mentoring Month’’; would not affect adversely the integrity of behalf of the estimated 5.4 million Ameri- (2) recognizes with gratitude the contribu- the Government or the public’s confidence in cans currently living with the disease. tions of the millions of caring adults and the integrity of the Government. The Alzheimer’s Association appreciates students who are already volunteering as ‘‘(7) The Director of the Office of Govern- your continued leadership on Alzheimer’s mentors; and ment Ethics. disease. If you have any questions, please (3) encourages more adults and students to ‘‘(8) Any civilian employee, not described contact Rachel Conant, Director of Federal volunteer as mentors. in paragraph (5), employed in the Executive Affairs, at [email protected] or 202–638– Office of the President (other than a special f 7121. government employee) who holds a commis- Sincerely, AMENDMENTS SUBMITTED AND sion of appointment from the President.’’. ROBERT EGGE, PROPOSED At the end insert the following: Vice President, Public Policy. SEC. ll. EXECUTIVE BRANCH REPORTING. f SA 1511. Mrs. GILLIBRAND (for Mr. LIE- Not later than 2 years after the date of en- BERMAN) proposed an amendment to amend- SUBMITTED RESOLUTIONS actment of this Act, the President shall— ment SA 1470 proposed by Mr. REID (for him- (1) ensure that financial disclosure forms self, Mr. BROWN of Massachusetts, Mr. LIE- filed by officers and employees referred to in BERMAN, Ms. COLLINS, Mrs. GILLIBRAND, Mr. SENATE RESOLUTION 367—DESIG- section 101(j) of the Ethics in Government LEVIN, and Mr. FRANKEN) to the bill S. 2038, Act of 1978 (5 U.S.C. App.) are made available NATING JANUARY 2012 AS ‘‘NA- to prohibit Members of Congress and employ- to the public as required by section 8(a) on TIONAL MENTORING MONTH’’ ees of Congress from using nonpublic infor- appropriate official websites of agencies of mation derived from their official positions Ms. LANDRIEU (for herself, Mr. the executive branch; and for personal benefit, and for other purposes. (2) develop systems to enable electronic fil- MCCAIN, and Mr. KERRY) submitted the SA 1512. Mr. JOHNSON of Wisconsin sub- following resolution; which was consid- ing and public access, as required by section mitted an amendment intended to be pro- 8(b), to the financial disclosure forms of such ered and agreed to: posed by him to the bill S. 1789, to improve, individuals. S. RES. 367 sustain, and transform the United States Whereas mentoring is a longstanding tradi- Postal Service; which was ordered to lie on SA 1512. Mr. JOHNSON of Wisconsin tion in which a dependable, caring adult pro- the table. submitted an amendment intended to vides guidance, support, and encouragement f be proposed by him to the bill S. 1789, to facilitate the social, emotional, and cog- TEXT OF AMENDMENTS to improve, sustain, and transform the nitive development of a young person; United States Postal Service; which Whereas continued research on mentoring SA 1511. Mrs. GILLIBRAND (for Mr. shows that formal, high-quality mentoring was ordered to lie on the table; as fol- LIEBERMAN) proposed an amendment to focused on developing the competence and lows: character of the mentee promotes positive amendment SA 1470 proposed by Mr. On page 113, line 11, strike ‘‘service before’’ outcomes, such as improved academic REID (for himself, Mr. BROWN of Massa- and all that follows through line 20 and in- achievement, self-esteem, social skills, and chusetts, Mr. LIEBERMAN, Ms. COLLINS, sert the following: ‘‘service before October 1, career development; Mrs. GILLIBRAND, Mr. LEVIN, and Mr. 2014, voluntary separation incentive pay- Whereas further research on mentoring FRANKEN) to the bill S. 2038, to prohibit ments (including payments to employees provides strong evidence that mentoring suc- Members of Congress and employees of who retire under section 8336(d)(2) or cessfully reduces substance use and abuse, Congress from using nonpublic infor- 8414(b)(1)(B) before October 1, 2014) that may academic failure, and delinquency; mation derived from their official posi- not exceed the maximum amount provided Whereas mentoring, in addition to pre- under section 3523(b)(3)(B) for any em- paring young people for school, work, and tions for personal benefit, and for other ployee.’’. life, is extremely rewarding for the people purposes; as follows: On page 114, strike line 10 and all that fol- who serve as mentors; On page 7, strike lines 6 through 9, insert lows through page 116, line 10. Whereas more than 5,000 mentoring pro- the following: On page 116, line 11, strike ‘‘103’’ and insert grams in communities of all sizes across the ‘‘(j) Not later than 30 days after any trans- ‘‘102’’. United States focus on building strong, effec- action required to be reported under section On page 117, line 16, strike ‘‘104’’ and insert tive relationships between mentors and 102(a)(5)(B), the following persons, if required ‘‘103’’. mentees; to file a report under any other subsection of On page 117, line 17, strike ‘‘104’’ and insert Whereas approximately 3,000,000 young this section subject to any waivers and ex- ‘‘103’’. people in the United States are in formal clusions, shall file a report of the trans- On page 121, line 4, strike ‘‘105’’ and insert mentoring relationships due to the remark- action: ‘‘104’’.

VerDate Mar 15 2010 05:10 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.046 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE February 2, 2012 CONGRESSIONAL RECORD — SENATE S327 On page 140, lines 19 and 20, strike ‘‘sec- Senate, the Committee on Environ- mentoring relationships due to the remark- tions 101, 102, 103, 205, and 209 of this Act’’ ment and Public Works be authorized able vigor, creativity, and resourcefulness of and insert ‘‘sections 101, 102, 205, and 209 of to report legislation tomorrow, Feb- the thousands of mentoring programs in this Act’’. ruary 3, from 12 noon to 2 p.m. communities throughout the United States; f Whereas, in spite of the progress made in The PRESIDING OFFICER. Without increasing mentoring, the United States has AUTHORITY FOR COMMITTEES TO objection, it is so ordered. a serious ‘‘mentoring gap’’, with nearly MEET f 15,000,000 young people in need of mentors; Whereas mentoring partnerships between COMMITTEE ON BANKING, HOUSING, AND URBAN UNANIMOUS CONSENT the public and private sectors bring State AFFAIRS AGREEMENT—H.R. 658 and local leaders together to support men- Mr. LIEBERMAN. Mr. President, I Mr. REID. Madam President, I now toring programs by preventing duplication of ask unanimous consent that the Com- ask unanimous consent that at 3 p.m., efforts, offering training in industry best mittee on Banking, Housing, and practices, and making the most of limited Monday, February 6, the Chair lay be- resources to benefit young people in the Urban Affairs be authorized to meet fore the body the conference report to during the session of the Senate, on United States; accompany H.R. 658, the FAA Reau- Whereas the designation of January 2012 as February 2, 2012, at 10 a.m. thorization Reform Act; that there be ‘‘National Mentoring Month’’ will help call The PRESIDING OFFICER. Without up to 21⁄2 hours of debate on the con- attention to the critical role mentors play in objection, it is so ordered. ference report, equally divided between helping young people realize their potential; COMMITTEE ON ENERGY AND NATURAL the conferees or their designees, prior Whereas a month-long celebration of men- RESOURCES to the vote on adoption of the con- toring will encourage more individuals and organizations, including schools, businesses, Mr. LIEBERMAN. Mr. President, I ference report; that the vote on adop- ask unanimous consent that the Com- nonprofit organizations, faith institutions, tion be subject to a 60-vote threshold. and foundations, to become engaged in men- mittee on Energy and Natural Re- The PRESIDING OFFICER. Without toring across the United States; and sources be authorized to meet during objection, it is so ordered. Whereas, most significantly, National the session of the Senate on February f Mentoring Month— 2, 2012, at 9:30 a.m., in room 366 of the (1) will build awareness of mentoring; Dirksen Senate Office Building. NATIONAL MENTORING MONTH and The PRESIDING OFFICER. Without Mr. REID. I ask unanimous consent (2) will encourage more people to become objection, it is so ordered. mentors and help close the mentoring gap in we now proceed to S. Res. 367. the United States: Now, therefore, be it COMMITTEE ON HEALTH, EDUCATION, LABOR, The PRESIDING OFFICER. The Resolved, That the Senate— AND PENSIONS clerk will report the resolution by (1) designates the month of January 2012 as Mr. LIEBERMAN. Mr. President, I title. ‘‘National Mentoring Month’’; ask unanimous consent that the Com- The assistant legislative clerk read (2) recognizes with gratitude the contribu- mittee on Health, Education, Labor, as follows: tions of the millions of caring adults and students who are already volunteering as and Pensions be authorized to meet, A resolution (S. Res. 367) designating Janu- mentors; and during the session of the Senate to con- ary 2012 as ‘‘National Mentoring Month.’’ duct a hearing entitled ‘‘Innovations in (3) encourages more adults and students to There being no objection, the Senate volunteer as mentors. College Affordability’’ on February 2, proceeded to consider the resolution. f 2012, at 10:20 a.m., in room 430 of the Mr. REID. Madam President, I ask Dirksen Senate Office Building, to con- unanimous consent that the resolution MEASURE READ THE FIRST duct an executive business meeting. be agreed to, the preamble be agreed TIME—S. 2064 The PRESIDING OFFICER. Without to, the motions to reconsider be laid on objection, it is so ordered. Mr. REID. I now ask that we have the the table, with no intervening action first reading of a bill which is at the COMMITTEE ON INDIAN AFFAIRS or debate, and any statements be print- desk. Mr. LIEBERMAN. Mr. President, I ed in the RECORD. The PRESIDING OFFICER. The ask unanimous consent that the Com- The PRESIDING OFFICER. Without clerk will read the bill by title for the mittee on Indian Affairs be authorized objection, it is so ordered. first time. to meet during the session of the Sen- The resolution (S. Res. 367) was The assistant legislative clerk read ate, on February 2, 2012, at 2:15 p.m. in agreed to. as follows: room 628 of the Dirksen Senate Office The preamble was agreed to. A bill (S. 2064) to amend the Internal Rev- Building. The resolution, with its preamble, enue Code of 1986 to terminate certain en- The PRESIDING OFFICER. Without reads as follows: ergy tax subsidies and lower the corporate objection, it is so ordered. S. RES. 367 income tax rate. COMMITTEE ON THE JUDICIARY Whereas mentoring is a longstanding tradi- Mr. REID. I ask for a second reading Mr. LIEBERMAN. Mr. President, I tion in which a dependable, caring adult pro- in order to place this bill on the cal- ask unanimous consent that the Com- vides guidance, support, and encouragement endar, but I object to my own request. mittee on the Judiciary be authorized to facilitate the social, emotional, and cog- The PRESIDING OFFICER. Objec- to meet during the session of the Sen- nitive development of a young person; tion is heard. The bill will be read for ate, on February 2, 2012, at 10 a.m., in Whereas continued research on mentoring shows that formal, high-quality mentoring the second time on the next legislative SD–226 of the Dirksen Senate Office focused on developing the competence and day. Building, to conduct an executive busi- character of the mentee promotes positive f ness meeting. outcomes, such as improved academic The PRESIDING OFFICER. Without achievement, self-esteem, social skills, and ORDERS FOR MONDAY, FEBRUARY objection, it is so ordered. career development; 6, 2012 SELECT COMMITTEE ON INTELLIGENCE Whereas further research on mentoring Mr. REID. Madam President, I ask provides strong evidence that mentoring suc- Mr. LIEBERMAN. Mr. President, I cessfully reduces substance use and abuse, unanimous consent that the Senate ad- ask unanimous consent that the Com- academic failure, and delinquency; journ until 2 p.m., on Monday, Feb- mittee on Intelligence be authorized to Whereas mentoring, in addition to pre- ruary 6, 2012; that following the prayer meet during the session of the Senate, paring young people for school, work, and and pledge, the Journal of proceedings on February 2, 2012, at 2:30 p.m. life, is extremely rewarding for the people be approved to date, the morning hour The PRESIDING OFFICER. Without who serve as mentors; be deemed expired, and the time for the objection, it is so ordered. Whereas more than 5,000 mentoring pro- two leaders be reserved for their use grams in communities of all sizes across the later in the day; that following any f United States focus on building strong, effec- leader remarks, the Senate be in a pe- REPORTING AUTHORITY tive relationships between mentors and mentees; riod of morning business until 3 p.m., Mr. REID. I ask unanimous consent Whereas approximately 3,000,000 young with Senators permitted to speak up to notwithstanding adjournment of the people in the United States are in formal 10 minutes each; and that following

VerDate Mar 15 2010 04:59 Feb 03, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.050 S02FEPT1 tjames on DSK6SPTVN1PROD with SENATE S328 CONGRESSIONAL RECORD — SENATE February 2, 2012 morning business, the Senate proceed NOMINATIONS SCOTT MARTIN CEREMUGA, OF VIRGINIA IAN CRAWFORD, OF OREGON to consideration of the conference re- Executive nominations received by RYAN ELIZABETH CROWLEY, OF MARYLAND port to accompany H.R. 658, the FAA CINDY MARIE DIOUF, OF IOWA the Senate: DANIEL B. DOLAN, OF PENNSYLVANIA Reauthorization Act, under the pre- THE JUDICIARY STEPHEN EKLUND DREIKORN, OF VIRGINIA vious order. AMY ELIZABETH EICHENBERG, OF PENNSYLVANIA MICHAEL P. SHEA, OF CONNECTICUT, TO BE UNITED MARTHA C. FARNSWORTH, OF CONNECTICUT The PRESIDING OFFICER. Without STATES DISTRICT JUDGE FOR THE DISTRICT OF CON- ADAM EDWIN FOX, OF IOWA objection, it is so ordered. NECTICUT, VICE CHRISTOPHER DRONEY, ELEVATED. BROCK DAVID FOX, OF VIRGINIA STEPHANIE MARIE ROSE, OF IOWA, TO BE UNITED RICHARD SAMUEL GREENE IV, OF THE DISTRICT OF CO- f STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT LUMBIA OF IOWA, VICE ROBERT W. PRATT, RETIRING. KATHERINE GROSSMAN, OF THE DISTRICT OF COLUMBIA DEPARTMENT OF JUSTICE JOSE ANJEL GUTIERREZ, OF VIRGINIA PROGRAM BARBARA HALL, OF THE DISTRICT OF COLUMBIA Mr. REID. Madam President, I appre- LOUISE W. KELTON, OF TENNESSEE, TO BE UNITED JAMES NOEL HAMILTON, OF WASHINGTON STATES MARSHAL FOR THE MIDDLE DISTRICT OF TEN- DENISE E. HARRELL, OF VIRGINIA ciate the cooperation of Senators this NESSEE FOR THE TERM OF FOUR YEARS, VICE DENNY BRYAN J. HESS, OF VIRGINIA week. This important piece of legisla- WADE KING, TERM EXPIRED. KARI L. JAKSA, OF MICHIGAN JAMIE A. HAINSWORTH, OF RHODE ISLAND, TO BE LESLIE L. JOHNSON, OF PENNSYLVANIA tion is something the American people UNITED STATES MARSHAL FOR THE DISTRICT OF RHODE MEGAN E. JOHNSON, OF TEXAS believe is extremely important for the ISLAND FOR THE TERM OF FOUR YEARS, VICE STEVEN RISHI KAPOOR, OF VIRGINIA GERARD O’DONNELL, RESIGNED. GEOFFREY L. KEOGH, OF THE DISTRICT OF COLUMBIA Congress to not put itself above the VALERIE KNOBELSDORF, OF VIRGINIA FOREIGN SERVICE law. There was a dispute as to whether DARRIN J. KOWITZ, OF NEW MEXICO THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN ARIANA KROSHINSKY, OF NEW YORK we were above the law. After this pas- SERVICE OF THE DEPARTMENT OF COMMERCE TO BE CHANANYA KUNVATANAGARN, OF PENNSYLVANIA sage, there will be no dispute whatso- CONSULAR OFFICERS AND SECRETARIES IN THE DIPLO- MICHAEL W. LACYK, OF THE DISTRICT OF COLUMBIA MATIC SERVICE OF THE UNITED STATES OF AMERICA: THOMAS M. LARKIN, OF VIRGINIA ever. DALE HAN YOUNG LIM, OF CALIFORNIA OLGA FORD, OF VIRGINIA JOSHUA HOWARD LUSTIG, OF MARYLAND I appreciate the fact that we will now EDWARD W. KOENIG, OF FLORIDA MARK M. METTI, OF MICHIGAN JOEL REYNOSO, OF NEW YORK move to the FAA bill, which is going to SETH ADAM MILLER, OF THE DISTRICT OF COLUMBIA MARGARET SHU TEASDALE, OF VIRGINIA be completed in the form of a con- PATRICK M. MONIZ, OF HAWAII THE FOLLOWING-NAMED CAREER MEMBERS OF THE CHRISTINE C. MOXLEY, OF THE DISTRICT OF COLUMBIA ference report. It is very hard to do. SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF KRISTIN J. MURRAY, OF THE DISTRICT OF COLUMBIA People worked extremely hard. Is it a COMMERCE FOR PROMOTION WITHIN AND INTO THE SEN- ALI J. NADIR, OF NEW YORK IOR FOREIGN SERVICE TO THE CLASSES INDICATED: MARK GEORGE OSWALD, OF OREGON perfect piece of legislation? No, it is CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, BRENTON T. PARKER, OF TEXAS not. But we have not had an FAA bill CLASS OF CAREER MINISTER: MEGAN MCCRORY PEILER, OF VIRGINIA since 2003. We have had 23 temporary WILLIAM M. ZARIT, OF THE DISTRICT OF COLUMBIA LEONARD THOMAS PERRY, OF SOUTH CAROLINA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, MICHELLE RAMIREZ, OF VIRGINIA extensions. During this period of time CLASS OF MINISTER-COUNSELOR: EMILY ANNE RUPPEL, OF MINNESOTA DONALD SALVAGGIO, OF VIRGINIA the FAA basically shut down because JOHN D. BREIDENSTINE, OF PENNSYLVANIA GEORGE A. SCHAAL, OF MARYLAND we could not agree on what should DALE N. TASHARSKI, OF VIRGINIA CHRISTOPHER SCHIRM, OF COLORADO GREGORY M. WONG, OF NEVADA MONICA M. SENDOR, OF MICHIGAN move forward. CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, SHEILA TAYLOR SHAMBER, OF FLORIDA I repeat, this bill is not perfect, but CLASS OF COUNSELOR: SANDY A. SWITZER, OF CALIFORNIA it is something that is extremely im- NASIR ABBASI, OF MARYLAND TINA K. TAKAGI, OF CALIFORNIA CYNTHIA GRIFFIN, OF CONNECTICUT MATT THOMPSON, OF WASHINGTON portant for job creation and for making EDWIN KEITH KIRKHAM, OF MAINE OLGA TUNGA, OF TEXAS our airports safer. ELLEN D. LENNY-PESSAGNO, OF KANSAS JAMES TURK, OF VIRGINIA MICHAEL J. RICHARDSON, OF FLORIDA VICTORIA VALERGA, OF TEXAS There will be a rollcall vote at 5:30 PERSIA WALKER, OF NEW YORK THE FOLLOWING-NAMED PERSONS OF THE DEPART- ANDREW J. WYLIE, OF FLORIDA p.m. on the adoption of the FAA con- MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- ference report. ICE OFFICERS OF THE CLASSES STATED: FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF NATIONAL OCEANIC AND ATMOSPHERIC CLASS TWO, CONSULAR OFFICER AND SECRETARY IN ADMINISTRATION f THE DIPLOMATIC SERVICE OF THE UNITED STATES OF AMERICA. SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE FOLLOWING FOR TEMPORARY APPOINTMENT TO THE ADJOURNMENT UNTIL MONDAY, TERRY L. MURPHREE, OF TEXAS GRADE INDICATED IN THE NATIONAL OCEANIC AND AT- FEBRUARY 6, 2012 AT 2 P.M. THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN MOSPHERIC ADMINISTRATION. SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES Mr. REID. Madam President, if there IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF To be rear admiral (lower half) is no further business to come before AMERICA: the Senate, I ask unanimous consent SOREN GRAHAM ANDERSEN, OF COLORADO GERD F. GLANG BETH M. ANDONOV, OF NEVADA SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE that it adjourn under the previous JONATHAN BAAS, OF ARIZONA FOLLOWING FOR TEMPORARY APPOINTMENT TO THE order. SARAH S. BANERJEE, OF WASHINGTON GRADE INDICATED IN THE NATIONAL OCEANIC AND AT- TYLER BEEBOUT, OF COLORADO MOSPHERIC ADMINISTRATION. There being no objection, the Senate, TIMOTHY P. BLAKENEY, OF VIRGINIA at 6:46 p.m., adjourned until Monday, SARAH SHEA CARMACK, OF VIRGINIA To be rear admiral ALICE CARUSO, OF CALIFORNIA February 6, 2012, at 2 p.m. JOYCE A. CATALANO, OF VIRGINIA MICHAEL S. DEVANY

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