S5450 CONGRESSIONAL RECORD — SENATE July 26, 2012 Standing Rules of the Senate, hereby move communications infrastructure in the ate to fully debate and consider amend- to bring to a close debate on the nomination United States, shall be brought to a ments to this bill, but I want to make of Robert E. Bacharach, of Oklahoma, to be close? it clear that I have some significant United States Circuit Judge for the 10th Cir- The yeas and nays are mandatory concerns about this legislation and un- cuit. Harry Reid, Patrick J. Leahy, Thomas R. under the rule. less improvements are made, I cannot Carper, Tom Udall, Robert Menendez, The clerk will call the roll. support the legislation in its current Kirsten E. Gillibrand, Dianne Fein- The assistant legislative clerk called form. stein, Kent Conrad, Christopher A. the roll. At the outset, let me just say, I do Coons, Herb Kohl, Amy Klobuchar, Mr. DURBIN. I announce that the firmly believe that the Congress should Jack Reed, Ron Wyden, Richard J. Dur- Senator from North Dakota (Mr. CON- take action to address our Nation’s bin, Jeff Merkley, Richard Blumenthal, RAD) is necessarily absent. vulnerability to cyber threats. A cyber Sherrod Brown. Mr. KYL. The following Senators are attack on our critical infrastructure, Mr. REID. I ask unanimous consent necessarily absent: the Senator from whether it be our energy grid, a re- that the mandatory quorum under rule South Carolina (Mr. DEMINT), the Sen- gional water supply, or our financial XXII be waived. ator from Oklahoma (Mr. INHOFE), the markets, could significantly harm our The PRESIDING OFFICER. Without Senator from Illinois (Mr. KIRK), and economy, our national security, and objection, it is so ordered. the Senator from Utah (Mr. LEE). our way of life. However, the legisla- f Further, if present and voting, the tion before us today still needs signifi- cant improvement before it can become LEGISLATIVE SESSION Senator from South Carolina (Mr. DEMINT) would have voted ‘‘nay.’’ the law of the land. Mr. REID. I ask unanimous consent The PRESIDING OFFICER. Are there I have heard from many in Missouri, that the Senate resume legislative ses- any other Senators in the Chamber de- including many companies operating or sion. siring to vote? associated with the types of critical in- The PRESIDING OFFICER. Without The yeas and nays resulted—yeas 84, frastructure that will be subject to the objection, it is so ordered. nays 11, as follows: provisions of this legislation. They f [Rollcall Vote No. 185 Leg.] have raised concerns that, as currently structured, S. 3414 would create redun- CYBERSECURITY ACT OF 2012— YEAS—84 dant oversight structures and add addi- MOTION TO PROCEED—Continued Akaka Franken Mikulski Alexander Gillibrand Murkowski tional standards. Moreover, the bill Mr. REID. I ask unanimous consent Ayotte Graham Murray may have the effect of creating a new that at 3:30 p.m. today, the Senate pro- Begich Grassley Nelson (NE) Federal system that these entities will ceed to vote on the motion to proceed— Bennet Hagan Nelson (FL) have to comply with even though many Bingaman Harkin Portman or what we can do, we will start the Blumenthal Hatch Pryor already work within well-established vote at 3:25; and if somebody is going Blunt Hoeven Reed systems related to developing security to be a bit late, we will protect them Boozman Hutchison Reid standards and responding to cyber on that. Boxer Inouye Risch Brown (MA) Isakson Rockefeller threats. I cannot support legislation So I ask unanimous consent we start Brown (OH) Johnson (SD) Sanders that creates new and duplicative sys- voting at 3:25 p.m. today on the motion Burr Kerry Schumer tems that will impact Missouri busi- to proceed to S. 3414, the cybersecurity Cantwell Klobuchar Sessions nesses in a negative way. While ad- Cardin Kohl Shaheen bill. Carper Kyl Shelby dressing the critical national security The PRESIDING OFFICER. Without Casey Landrieu Snowe aspects of improving our Nation’s de- objection, it is so ordered. Chambliss Lautenberg Stabenow fenses against and ability to respond to Mr. REID. Madam President, I meant Coats Leahy Thune Coburn Levin Toomey cyber attacks, cybersecurity legisla- that request to be 3:22 p.m. Cochran Lieberman Udall (CO) tion must improve the regulatory The PRESIDING OFFICER. Without Collins Lugar Udall (NM) scheme and streamline processes for objection, it is so ordered. Coons Manchin Vitter businesses, not the opposite. Corker McCain Warner Mr. REID. All for my friend from Cornyn McCaskill Webb Additionally, the carrot-and-stick Louisiana. Crapo McConnell Whitehouse approach that is created by the current CLOTURE MOTION Durbin Menendez Wicker bill would limit the sharing of cyber Feinstein Merkley Wyden The PRESIDING OFFICER. Pursuant threat information, in a protected fash- to rule XXII, the Chair lays before the NAYS—11 ion, to those private entities which are Senate the pending cloture motion, Barrasso Johanns Roberts participating in the voluntary cyberse- which the clerk will state. Baucus Johnson (WI) Rubio curity program the bill would create. Enzi Moran Tester The assistant bill clerk read as fol- Heller Paul Those in the program would have to lows: adopt specific standards and in return NOT VOTING—5 CLOTURE MOTION would receive relevant real-time cyber Conrad Inhofe Lee threat information. Those not accept- We, the undersigned Senators, in accord- DeMint Kirk ance with the provisions of Rule XXII of the ing those standards and entering the Standing Rules of the Senate, hereby move The PRESIDING OFFICER. On this program would not receive the protec- to bring to a close debate on the motion to vote, the yeas are 84, the nays are 11. tions of the program and would be lim- proceed to calendar No. 470, S. 3414, a bill to Three-fifths of the Senators duly cho- ited in the cyber threat information enhance the security and resiliency of the sen and sworn having voted in the af- they receive. Given that sharing such cyber and communications infrastructure of firmative, the motion is agreed to. information could potentially thwart a the United States. The PRESIDING OFFICER. The Sen- cyber attack, it seems absurd that such Harry Reid, Joseph I. Lieberman, John ator from Connecticut. D. Rockefeller IV, Dianne Feinstein, information would go unshared because Sheldon Whitehouse, Barbara A. Mi- Mr. LIEBERMAN. I will yield to the a particular entity was not a partici- kulski, Barbara Boxer, Jeff Bingaman, leader. I thank him, too, for that re- pant in the voluntary system. Such a Patty Murray, Max Baucus, Charles E. sounding vote, which seems to me not provision inhibits the very type of in- Schumer, Bill Nelson, Christopher A. that the debate is over but the debate formation sharing we are trying to pro- Coons, Tom Udall, Carl Levin, Mark R. is going to begin, and an overwhelming mote in order to enhance cyber secu- Warner, Ben Nelson. majority of the Members of the Senate rity. In this respect, the carrot-and- The PRESIDING OFFICER. By unan- want to adopt cybersecurity legisla- stick approach simply does not make imous consent, the mandatory quorum tion. sense. call has been waived. Mrs. MCCASKILL. Mr. President, I I also remain concerned with the The question is, Is it the sense of the come to the floor today to express my scope of responsibility this legislation Senate that debate on the motion to concerns about S.3414, the Cybersecu- provides to the Department of Home- proceed to S. 3414, a bill to enhance the rity Act of 2012. Like many of my col- land Security. As we have found security and resiliency of the cyber and leagues, I voted today to allow the Sen- throughout the history of DHS, it has

VerDate Mar 15 2010 06:47 Jul 27, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.099 S26JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 26, 2012 CONGRESSIONAL RECORD — SENATE S5451 relied heavily upon a contract work- The National League for Democracy, they must have made a difference. force in order to satisfy its mission. At once a completely banned organiza- Now, because of the changes that have this time, the Department does not tion, now actively participates in polit- occurred, the administration and I, have the necessary expertise it will ical life in Burma. For these reasons who have been involved in this issue need to guide a multi-agency, multi- and others, the administration, which I for two decades, are in total agreement sector council in evaluating whether or support, has taken a number of actions about the way to handle it, which is to not proposed cybersecurity standards to acknowledge the impressive reforms renew the sanctions after which the ad- are sufficient to address the evolving that President Thein Sein and his gov- ministration will waive a substantial nature of cyber threats. The decision ernment have instituted thus far. The number of them as a further indication to place DHS in such a critical role United States has responded by sending that the sanctions remain there, al- leadership role in regards to many as- an ambassador to Burma. That is the though not currently operative, be- pects of the cybersecurity scheme pro- first time we have had an ambassador cause of the changes that have oc- posed by this legislation needs to be re- there in two decades. curred in the country. So I think it is visited. The administration also largely a big mistake to have this important I have other concerns with this legis- waived the investment ban and finan- foreign policy matter attached to and lation, but these are my chief concerns. cial restrictions permitting U.S. busi- stymied by, apparently, differences I am pleased that both of the Senate’s nesses to begin investing in that coun- over other unrelated parts of the meas- leaders have indicated that this legis- try. However, significant challenges in ure. lation will be subject to a robust Burma still lie ahead. Ongoing violence Therefore, I ask unanimous consent amendment process. I look forward to in the Kachin State and the sectarian that the Finance Committee be dis- evaluating the amendments brought tensions in the Arakan State reflect a charged from further consideration of forward to this legislation, and I am long-term challenge confronting the H.R. 9; provided further that the Sen- hopeful that the amendments will im- country related to national reconcili- ate proceed to its immediate consider- prove the bill enough so that I can sup- ation. ation; all after the enacting clause be port it. If not, I will oppose the legisla- Hundreds of political prisoners re- stricken and the text of section 3 of tion and send it back to the committee main behind bars. The constitution H.R. 3326 be inserted in lieu thereof. process, where more work can be un- still has a number of totally undemo- For the information of Senators, as I dertaken to generate an acceptable cratic elements. And the regime’s rela- indicated, the Burma sanctions lan- piece of cybersecurity legislation. tionship with North Korea, especially guage expires today. This would avoid Whether now or in the future, the Sen- when it comes to arms sales with that. ate does need to pass legislation. But it Pyongyang, remains an issue of grave So I finally ask unanimous consent must be legislation that is well crafted, concern to us. that the bill be read a third time, balanced, and workable for the busi- Sanctions with respect to Burma passed, and the motion to reconsider be nesses that will operate under its should be renewed in order to provide laid upon the table. scheme. the administration with the flexibility The PRESIDING OFFICER (Mr. I yield the floor. The PRESIDING OFFICER. The Re- it needs to encourage continued re- BLUMENTHAL). The Senator from Mon- publican leader. forms in that country, to encourage tana. the government to tackle these re- Mr. BAUCUS. Mr. President, reserv- UNANIMOUS CONSENT REQUEST—H.R. 9 maining tough issues. Failure to renew ing the right to object, I very much ap- Mr. MCCONNELL. Madam President, preciate and admire the efforts of the shortly I am going to be asking unani- the sanctions could undermine the ad- Senator from Kentucky to keep pro- mous consent to pass the annual ministration’s diplomatic efforts in posing sanctions on Burma. In fact, the Burma sanctions bill that we have re- Burma, which I support, and could send Senator will remember that 3 or 4 newed about this time every year for the wrong signal to the Burmese Gov- the last decade. The bill was reported ernment that they have done all they months ago I went out of my way to out of the Finance Committee on a need to do. But where are we? praise the Senator when he stood up Therefore, the only way I see getting voice vote last week along with a pack- for Burma. In fact, he may remember age of other unrelated measures as part this resolved in time to keep the sanc- his press office called my office to say of S. 3326. tions from expiring today is for the thank you. Gosh, Senator BAUCUS Some of my colleagues have some Senate to go ahead and pass this, and thanked the leader, and I meant it. I concerns about those other sections. ask the House to pick it up and pass it very much admire the effort and the This is unrelated to the Burmese Free- as soon as they return next week. way the Senator has undertaken to dom and Democracy Act. As I indi- Hopefully, we can resolve this ex- maintain these sanctions. cated, on behalf of my colleagues I tremely important issue that other We are all very proud of Aung San have offered—in fact, what I have done Members have with other sections of S. Suu Kyi for winning the Nobel Prize, in in discussions off the floor is offer to 3326, completely unrelated to the effort London, when she visited Europe not find a time to set up a vote on S. 3326 to renew Burma sanctions, and pass long ago. I remember watching her on on behalf of my colleagues. those other important trade priorities television. She has done so much for I believe a vote is the best way to re- next week. her country and stood so much for the solve the impasse surrounding this bill. In the meantime, this is a terrible people of Burma. It is astounding. I However, our friends on the other side message for us to be sending. This is an have not had the privilege of meeting have as yet not agreed to that. So in extremely big issue. It may sound like her personally, but I have watched her the absence of a vote on the larger bill, a small issue; it is a big issue in from afar and with great admiration I think the best way to proceed is for Burma. Secretary Clinton has been and not only would thank her but the Senate to go ahead and pass this there, I have been there, Senator again thank the Senator for his efforts. important and noncontroversial for- MCCAIN has been there, and Senator One can say the other matters are eign policy measure today. COLLINS. Senator FEINSTEIN has been unrelated, but one could also say the This is a very timely issue. These active on this issue. This is no small Burma issue is riding along with the sanctions actually expire today. If we matter in a country that we have been AGOA bill. There are thousands of Af- do not act now to extend them, I do not hoping would move in the direction of rican women who have lost their jobs know when the Senate will have a reform, and finally is. because we have not acted on the chance to address this important issue. I know there is always a debate AGOA bill, and they tend to be single Consideration of this year’s Burmese about whether sanctions have made a moms—thousands—because they can’t Freedom and Democracy Act comes difference. When I was in Burma in get orders to sell in the United States. amidst historic changes that are occur- January, in addition to meeting with Consequently, jobs in the United ring on the ground in Burma. Aung San Suu Kyi I was also meeting with gov- States now are in jeopardy because the Suu Kyi, long a political prisoner of ernment officials. Every single one of AGOA bill has not been extended. the country, is now actually a member the government officials brought up It is true the AGOA bill does not ex- of the Parliament. the sanctions. It convinced me that pire until the end of September. That

VerDate Mar 15 2010 06:47 Jul 27, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.075 S26JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5452 CONGRESSIONAL RECORD — SENATE July 26, 2012 is true. However, as a practical matter, Burma sanctions bill, having offered who have lost their jobs in Africa be- these women have lost their jobs al- the original bill 10 years ago and hav- cause of our delay in passing AGOA. ready because American companies are ing been on the floor as we renewed it The PRESIDING OFFICER. The Re- not taking orders from African coun- annually during that period, and I am publican leader. tries that are providing the apparel pretty confident this will be perceived Mr. MCCONNELL. Let me make sure that are otherwise provided for under in Burma as a problem. It seems to me I understand where we are. The consent the AGOA bill. It is a huge issue for it is a completely avoidable problem. agreement to pass the Burma sanctions those African women who have lost As to the rest of it, the Senator from bill today, before it expires, is clear on their jobs as well as a lot of American Oklahoma is here and he can speak for this side of the aisle—clear. The chair- companies that are in jeopardy because himself, so I defer to him and to the man of the Finance Committee has an- they can’t receive the apparel from the chairman of the Finance Committee to nounced, to my surprise, that the ad- African companies if this is not ex- discuss the balance of the bill. But it ministration does not favor allowing tended. would have been my hope, had the Burma sanctions to pass today because I might say, too, the DR–CAFTA bill chairman of the Finance Committee it is attached to something related to is similar. That puts in jeopardy a lot not objected, since it was cleared on other matters. of jobs in South Carolina and North my side—and it was cleared on my side, So make no mistake about it, we Carolina. So in a certain sense it is a regardless of previous understandings have, for the first time in the history jobs bill. Both these bills are impor- about putting the package together, by of this issue, turned it into a partisan tant. They are very important. This the ranking member of the Finance matter. We have spoken with one voice package was put together and agreed Committee, Senator HATCH, and by in America relating to Burma, under to by Senators on the committee, Re- Senator COBURN—to split the Burma administrations of both parties and publicans and Democrats both. It was sanctions bill off and pass it free- Senates of both parties. Yet today, for agreed to by leadership offices, both standing today on a voice vote. the first time, we have a partisan split sides. We worked hard, as the leader So with respect to the consent agree- over an issue about which America often does, to get consensus around ment I offered, which was objected to, ought to be speaking with one voice. here. So this was the thought, to put I want to make sure everybody under- I basically have said all I have to say. the bills together, and all Republicans stands there were no objections to it on I do want to hear from Senator agreed. the Republican side of the aisle. COBURN. I know he has strong feelings There was one Senator who said he The PRESIDING OFFICER. Objec- about the other part of the measure had a problem with one of the pay-fors, tion is heard to the request of the Re- about which I am basically not famil- and, frankly, it is a pay-for this body publican leader. iar. has adopted many times. That Senator The Senator from Montana. The PRESIDING OFFICER. The Sen- himself has voted for this pay-for many Mr. BAUCUS. Mr. President, I do not ator from Oklahoma. times. It just seems to me, if we break want to belabor the point. The Obama Mr. COBURN. Mr. President, first of up the package, then the package is administration is opposed to splitting all, I would like to say I support all broken and it puts in jeopardy those the package apart. They are in favor of three of these measures, in terms of other provisions because Senators will keeping the package as it is, and I their passing. What I don’t support is want to offer amendments. The Sen- think for good reason because the ad- continuing the habit that has put this ator from Kentucky well knows, once ministration favors both Burma as well country $16 trillion in debt. we start going down that road, things as AGOA and DR–CAFTA. That is the To clarify, as a member of the Fi- get hung up around here; the main reason. They are both very important. nance Committee, if one reads my point being these are both very impor- It is for that reason I think it makes opening statement at that hearing, in tant bills, and the other main point sense. that markup, I objected to this bill on being it was agreed to. This package The Senator is correct. It is very the basis of pay-fors. I offered two sep- was agreed to all the way around, and easy to resolve this thing by pro- arate amendments that, on the floor, I think at this point it does not make ceeding with Burma and AGOA. But if everybody would agree are germane be- sense to break it up. the leader wants to keep talking, I am cause the money to pay for the $200 So I object. more than willing, over the next week, million comes out of trade areas. Yet The PRESIDING OFFICER. The Re- to see if there is another resolution to they were rejected as nongermane by publican leader. work this out. the chairman. So they weren’t offered Mr. MCCONNELL. Mr. President, if I The PRESIDING OFFICER. The Re- because he said he would reject them. may, I believe the Burma sanctions bill publican leader. So to create the impression there was has been renewed without additional Mr. MCCONNELL. Mr. President, I no objection to the pay-for in this bill matters attached to it for some 10 would just ask a question of the Sen- and that everybody agreed is inac- years now on an annual basis. I am per- ator. What I hear is that the Demo- curate, to say the least. plexed as to why this year it was cratic administration and Democratic I called Senator COONS of Delaware, turned into a package. Senators are opposed to passing the who is interested in this, and I called I agree with the distinguished chair- Burma sanctions bill today free- Senator BAUCUS when this came up, man of the Finance Committee that it standing? Is that what I hear the chair- and I told him I have a plan so we can was agreed to. But there is a dispute man of the Finance Committee saying? get this all done this week. I was will- between the chairman of the Finance Mr. BAUCUS. That is not what the ing to lose a vote on the amendment to Committee and another member of the Senator heard me say. have an opportunity to offer the Finance Committee who is on the floor, Mr. MCCONNELL. Then why did the amendment and give my side of the and Senator COBURN can speak for him- Senator object to the request? story by splitting these two so the self. I might say, I don’t have a dog in Mr. BAUCUS. Because the adminis- House could pass it. The House has now that fight. As far as I am concerned, tration and I want them both. gone home. Burma sanctions are no that is another matter. No matter how Mr. MCCONNELL. But the Senator longer available to be passed, except if important that may be, I doubt a fail- can’t get them both unless he can work we were to do something extraordinary ure to pass the other measure, which this out with my good friend, the Sen- with the House, which I understand doesn’t expire until September, creates ator from Oklahoma, who is on the from the Speaker can happen. So a major potential foreign policy prob- floor and who may want to address this Burma sanctions could happen this lem which could well be created by the matter. week. Burma sanctions bill expiring later Mr. BAUCUS. I am more than willing But I wish to go back to the more im- today. to sit down and try to work this out, portant point. Regardless of whether I I will not argue the rest of the bill is but at this point I think any attempt voted for something in the past, using important or unimportant. I frankly to split them out is to jeopardize the the type of pay-for that is in this bill is don’t know much about the rest of the AGOA bill, and as I mentioned earlier, what I call the Wimpy mechanism: bill. I do know something about the there are already thousands of women Wimpy drives up to Wendy’s and orders

VerDate Mar 15 2010 06:47 Jul 27, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.079 S26JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 26, 2012 CONGRESSIONAL RECORD — SENATE S5453 a hamburger, and when he gets around against what your own President It is my hope that the Republican to the window he says: Don’t worry says—here is something we need to leader, the chairman of the Finance about it, I will be back in 10 days to eliminate. Committee, the Senator from Okla- pay for it. What we have done is use I don’t get it. The American people homa, and I can sit down and craft custom user fees over 10 years to col- don’t get it. No wonder we have a 9-per- some responsible compromise that al- lect enough money to pay for $200 mil- cent approval rating. lows this to move forward because, if lion. I yield the floor. my understanding is correct, it is the With the waste that is in this govern- The PRESIDING OFFICER. The Sen- concerns of the Senator from Okla- ment, for us to use a 10-year pay-for on ator from Delaware. homa that are preventing us from mov- something that will be expended over 3 Mr. COONS. Mr. President, I appre- ing forward at this point, and it is the years means we are not capable of ad- ciate the opportunity to briefly con- administration’s concerns that are pre- dressing the much bigger issues in tribute what I can to this debate. venting breaking apart the Burma One of the great honors, as the Pre- front of our country. If we can’t find sanctions and AGOA sanctions. And siding Officer knows, in being a fresh- $200 million in a $3.6 trillion budget, we there is a third provision relating to man is the opportunity to preside. I are unqualified to be here. CAFTA, if I am not mistaken. So if we What I would say to my friends and had the opportunity to preside when the Republican leader came to the could work together in a way that my colleague on the Senate Finance finds a responsible path forward, it is Committee is that somebody has to floor and spoke to Burma sanctions. So I just wanted to say to the Republican still possible. start saying no. I would remind every- There is bipartisan support in the leader that because of that speech, I one of a lecture I got from Senator have familiarized myself with the issue House for the passage of this package. Pete Domenici on a land bill about 2 of Burma sanctions that he spoke to In fact, I believe they were prepared to years ago. He said: We have always earlier. I do think it is important that pass it by unanimous consent earlier done it that way. I said: You know we move to it. I do think it is impor- this week and only hesitated to pro- what, you are right, and that is why we tant to move forward on it. ceed because they heard there was a are in trouble. So the financing mecha- But the Republican leader made the hold here in the Senate. nism on this bill denies the situation comment earlier that he doesn’t much I would like to work together in a we are in and charges out over 10 years understand the other part of the bill, way that can demonstrate to the peo- custom user fees to pay for it. which is AGOA, the African Growth ple of Burma, to the people of Africa, No other American business, no other and Opportunity Act. I choose to stand and to the people around the world company, no other family gets that briefly to speak to that because I am that this greatest deliberative body on kind of luxury, especially when they the chair of the African Affairs Sub- Earth can still work out issues of this are in debt at 105 percent of their GDP. committee of the Senate Foreign Rela- scale in a timely fashion. So I offer my If we look at where we are, the average tions Committee. willingness to work together to find a American, what we can say is that we Senator ISAKSON and I joined with path forward either tonight or in the are taking in $53,000, we are spending Congresswoman BASS and Congressman week ahead. $73,000, and what we actually owe is SMITH in twice receiving dozens of Am- I yield the floor. $380,000. We can’t keep doing that. That bassadors from across the continent 3 The PRESIDING OFFICER. The Sen- is how it would relate to the individual months ago and 9 months ago as they ator from Montana. family in this country. expressed their grave concern about Mr. BAUCUS. Mr. President, I don’t The objection was not on the bills. the thousands of mostly women all mean to belabor the issue. I see the Re- There was no lack of effort on my part across the continent who are losing publican leader has left the floor. I to reach out and solve this problem be- their jobs as we delay. have just a couple of points. fore now and now the minority leader The AGOA reauthorization expires in One, I don’t want the impression to has offered a way to solve the problem September, and I am grateful for Chair- be left here that this is a partisan mat- on the sanctions for Burma and it is man BAUCUS and for his vigorous pur- ter. I don’t want the impression to be objected to. So not only do we not get suit of renewal in a timely fashion. left here that one party favors Burma to offer amendments in committee, we AGOA needs to be renewed promptly, sanctions and the other doesn’t, and do not get to offer amendments on the not in September. In part, I believe the same with respect to AGOA provi- floor. The one thing we need to accom- this is why the administration has in- sions. The fact is, these are both to- plish today we are not going to accom- sisted on holding together Burma sanc- tally bipartisan. Both political parties plish because we don’t want to allow tions and this AGOA reauthorization— favor these measures. It is just a mat- amendments. it is because of the urgency of getting ter of working out a way to pass them. Because we want to keep doing it the AGOA reauthorized. The Senator from Delaware has made way we have always done it. And the It dates back to the Clinton adminis- a very good point, so let’s see if we can way we have always done it has bank- tration. It was first signed into law a work things out within the next couple rupted our country and stolen from our dozen years ago. I think it has real im- or 3 days. children and grandchildren. It is not portance for our view in Africa, for how The Senator from Oklahoma makes a acceptable anymore. the United States is viewed in Africa, very valid point, too; that is, some- That is the truth. Everything else is for our bilateral relations with more times we pay for measures around here the game that Washington plays. And I than a dozen countries. I would be with measures that take several years will tell my colleagues, I am still will- happy to answer questions about it. to actually pay for. It is a common ing to work on this. I have a commit- But we have three different issues practice around here. And to say we ment to the Senator from Delaware here: the concerns the Senator from have done it once does not necessarily that next week, if this comes up, I will Oklahoma has raised about the pay-for, mean it is right. be the first to offer that amendment and I respect his concerns about budget But I say to my good friend from and get it out of the way, taking a very and budgetary discipline and dealing Oklahoma, who has voted for this kind short period of time with the Senate. with our deficit; the concerns the Re- of measure 11 times, by my count, and But I want a recorded vote of the Sen- publican leader has raised about Burma once even on the Burma bill, that when ators in this body that they want to and about sanctions and about our on- we work over the next several weeks steal the customs user fees for 10 years going role as a global leader in pressing and next several months on resolving for just a $200 million pay-for. If that is for the liberation of people and process the fiscal cliff and tax reform, it will what you really want to do, then vote in Burma; and the concerns many be a good opportunity to find ways to that way. But go out and defend it in- other Senators and I have shared about reduce our budget deficits, both spend- stead of taking something this admin- timely reauthorization of the African ing and revenue, and an opportunity to istration has recommended we cut— Growth and Opportunity Act. Unfortu- address it in a way that does not do vi- which is what I am using to pay for it, nately, the three of them intersect in a olence to them and that respects the something this administration has rec- way that today is preventing us from concept the Senator from Oklahoma ommended to pay for it—and vote moving forward. was mentioning. He has mentioned a

VerDate Mar 15 2010 06:47 Jul 27, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.080 S26JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5454 CONGRESSIONAL RECORD — SENATE July 26, 2012 concept that applies not just with re- to graduate from high school. The con- he has overcome belongs to everyone. spect to customs user fees but for a lot trast between Guor’s former life and Win or lose, he will stand as a lasting of tax provisions around here, and I his new life is stark. In Sudan, he was inspiration for people around the globe think it is something we should talk running in fear for his life. In New and as a tribute to the greatness that about and figure out how we want to Hampshire, he was running for the joy is the United States of America. I look handle it. But in the meantime, I just of athletic competition and to be part forward to welcoming Guor home from suggest that—let’s keep talking. There of a team. the Olympics as a winner, regardless of are a few days left here before we leave Amazingly, in only his second official the outcome of the marathon. for the August recess. marathon, Guor ran fast enough to I yield the floor. I thank my colleagues for working qualify for the 2012 London Olympics. The PRESIDING OFFICER. The Sen- together to try to find a solution. Given his unique situation, however, it ator from Colorado. I yield the floor. looked as if the bureaucracy would tri- COLORADO DROUGHT The PRESIDING OFFICER. The Sen- umph over his bravery and that Guor Mr. BENNET. Mr. President, I am ator from New Hampshire. might not be able to compete because here tonight on a different topic than GUOR MARIAL AND THE 2012 OLYMPICS according to the rules of the Inter- the Senator from New Hampshire, but I Mrs. SHAHEEN. Mr. President, to- national Olympic Committee, perma- wish to congratulate her on her fine morrow the attention of the world will nent residents of a country are not per- work here. I know she doesn’t need or turn to London as we witness the open- mitted to compete on that country’s wouldn’t want me to say that, but the ing of the 2012 Summer Olympics. Over team. As a result, Guor can’t compete people of New Hampshire are so lucky 10,000 athletes representing 204 nations under the American flag because he is to be represented by her. And this is from around the world will be com- not yet a full citizen. In addition, Guor exactly why—a reminder that our peting in hundreds of sporting events can’t run for the newly recognized Olympic athletes are about to start, I at the games of the 30th Olympiad. country of South Sudan because it is hope, winning gold medals. I suspect Here in the United States, we will be such a new country, it doesn’t yet have they will win the most in this sum- cheering on the 529 U.S. athletes as an official Olympic committee. mer’s Olympics. We are looking for- they look to bring home the gold for The International Olympic Com- ward to that. the United States of America. The mittee suggested that Guor compete as Olympics no doubt will have countless a member of the Sudanese team, and The Senator mentioned marathons, stories of triumph and disappointment, the Sudanese Government extended which brought to mind what I want to competition and camaraderie. him an invitation. But Guor rightfully talk about tonight, which is the farm I rise today to share the remarkable refused, explaining that running for bill—an elegant segue from one mara- story of one particular athlete who will Sudan ‘‘would be a disappointment and thon to another. I want to talk about it be competing this year. His story is an embarrassment to me and the peo- in the context of the severe drought one of inspiring triumph of character ple of South Sudan who died for free- that is facing Colorado and all of rural and spirit. But until just days ago, this dom, including my brother.’’ Guor was America, and I want to acknowledge Olympian had no flag to compete not comfortable running on behalf of the administration’s ongoing efforts to under. This story is about a talented the country that tortured and mur- provide Coloradans with disaster relief young runner named Guor Marial dered so many of his family members. during this difficult summer of fires whose mere survival in southern Sudan That solution would have been cruel and drought. defied the odds. Having escaped the and unacceptable. We need to pass a 5-year farm bill as bloodshed and violence in war-torn Fortunately, after some pressure by quickly as possible to address the chal- Sudan, Guor found his way to my home Refugees International and other lenges we are seeing in farm country. State of New Hampshire as a teenage friends of Guor who wrote to the Inter- We have done the work to get an agree- refugee. Who could have imagined that national Olympic Committee on his be- ment on the Senate bill. In fact, we in just over a decade, Guor would be half, we received the great news this passed the 5-year farm bill in this Sen- applying for U.S. citizenship and trav- week that the IOC executive board has ate. It was a strong, bipartisan bill. I eling to London to compete in the decided to make an exception for Guor. would like to thank the Senator from Olympic marathon? He will run in the marathon as an inde- Michigan, DEBBIE STABENOW, and the Guor was born in a town in what is pendent Olympic athlete under the ranking member of the committee for now part of the fledgling country of great Olympic flag. I want to thank the their incredible leadership in working South Sudan. Many of his family and International Olympic Committee for together, both side of the aisle, never friends, including his brother, were this very appropriate ruling. In addi- in a partisan way, to produce among killed at the hands of Sudanese secu- tion, I want to thank the U.S. Olympic other things the only bipartisan deficit rity forces. Many more died of starva- Committee, the U.S. Department of reduction that any committee, House tion or disease brought on by the vio- State, and the other friends of Guor or Senate, has produced in this Con- lence and unspeakable crimes com- who worked so hard to make his par- gress—$24 billion of deficit reduction mitted by these Sudanese forces. ticipation possible. that has been agreed to by Republicans Before escaping Sudan, Guor was a As he runs under that five-ringed and Democrats. It ends direct pay- victim of violence on numerous occa- flag, long a symbol of hope for peace in ments to producers, which is one of the sions. As a child, he was kidnapped our world, Guor will run with the sup- most substantial reforms we have seen from his hometown and enslaved as a port of his family, his New Hampshire in agriculture policy in a long time, laborer before eventually finding a way supporters, Americans everywhere, and and it strengthens the conservation to escape and return to his family. his new country, South Sudan. I have a title of the farm bill, which is very im- Guor was severely beaten by the Suda- feeling that such support might help portant to my State and to the West. nese police and had to spend days in a him run even faster. Colorado has a $40 billion agriculture hospital to recover. Finally, he was We are so proud of Guor in New sector that extends to all corners of able to flee to neighboring Egypt and Hampshire and proud that in the our State. Farming and ranching are eventually to the peace and safety of United States someone who has lived two things we do extremely well. The New Hampshire as a refugee seeking through such tragedy and adversity Senator from Iowa is here tonight, and asylum. can start a new life and rise to such in- his farmers do it extremely well in Guor arrived in my home State of credible heights. Iowa as well. New Hampshire in 2001, almost exactly Scott Hamilton, an American Olym- Producers in Colorado and nation- 11 years ago. He remembers that day pic gold medalist, once said, ‘‘Most wide are experiencing the worst well and still considers New Hampshire other competitions are individual com- drought in 50 years. While Colorado is his home. He lived in Concord, the petitions. But the Olympic games is certainly no stranger to water chal- State capital, moving in with the fami- something that belongs to everybody.’’ lenges, this year’s growing season has lies of his friends, teammates, and his No matter the outcome in London, the been particularly tough—to put it cross-country coach for 2 years in order story of Guor Marial and the adversity mildly.

VerDate Mar 15 2010 06:47 Jul 27, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.081 S26JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 26, 2012 CONGRESSIONAL RECORD — SENATE S5455 According to the U.S. Drought Mon- the support of 64 Senators? Sixty-four bring the long-term farm bill to the itor, nearly our entire State is des- Senators, Democrats and Republicans. floor. ignated as an extreme drought area. Some people voted against it because Mr. President, I ask unanimous con- This designation means we are experi- they didn’t think it was adequate to sent that the letter signed by 79 House encing major damage to crops and their region, but this was not a par- Members be printed in the RECORD. pastureland, as well as widespread tisan vote. Neither the majority nor There being no objection, the mate- water shortages. While this designation the minority vote was a partisan vote. rial was ordered to be printed in the tells us a lot, we only need to ask the This was the Senate operating as the RECORD, as follows: farmers and ranchers about how the Senate is meant to operate. CONGRESS OF THE UNITED STATES, dry conditions are threatening their A 5-year bill provides our agriculture Washington, DC, July 20, 2012. operations. community with much needed cer- DEAR SPEAKER BOEHNER, MAJORITY LEADER I met recently with a group of corn tainty and predictability, but now it is CANTOR, DEMOCRATIC LEADER PELOSI, AND growers from eastern Colorado. Take a being held up in the House by politics. DEMOCRATIC WHIP HOYER: Many current farm look at what these farmers are up bill policies expire on September 30, 2012. Let’s be clear: No one is pretending The House Agriculture Committee passed against. This is Steve Scott’s cornfield that the farm bill can correct bad H.R. 6083, the Federal Agriculture Reform 18 miles southeast of Burlington, CO, a weather. Our producers are not waiting and Risk Management (FARRM) Act, or the town of 4,200 people near the Kansas on the farm bill to do what they do 2012 Farm Bill, on July 12th with a strong bi- border. This crop—and many others in best. Colorado will continue innovating partisan vote of 35–11. While by no means the region—has withered under long and increasing productivity, but the perfect, this farm bill is needed for producers stretches of high temperatures with last thing on Earth they need is to and those who rely on sound agriculture pol- little or no precipitation to help. have Washington’s unfinished business icy and nutrition programs during difficult economic times. The Department of Agriculture re- hanging around their necks. ports that 50 percent of Colorado’s corn The House Agriculture Committee has A 5-year farm bill will provide pro- done its work and we now ask that you make production is in either poor or very ducers with a set of tools for managing time on the floor of the House to consider poor condition. The drought has also through this drought and planning for this legislation, so that it can be debated, taken a significant toll on our cattle the future. The 1-year bill being dis- conferenced, and ultimately passed into law, producers. Colorado is one of America’s cussed over in the House by the leader- before the current bill expires. We need to top beef producers. Right now 75 per- ship doesn’t recognize—or is unwilling continue to tell the American success story cent of pastureland in Colorado, ap- to recognize—the agriculture commu- of agriculture and work to ensure we have strong policies in place so that producers can proximately 900,000 acres—and I am not nity’s need to do long-term planning. sure how that measures up to the Pre- continue to provide an abundant, affordable Among many other important provi- and safe food supply. siding Officer’s State, but it is pretty sions, the Senate farm bill contains re- We all share the goal of giving small busi- close to that size—is rated as either vamped risk management programs nesses certainty in these challenging eco- poor or very poor in condition. Dry like crop insurance, which is what I nomic times. Agriculture supports nearly 16 pasture and feed shortages have led heard was needed by our farmers, and million jobs nationwide and over 45 million ranchers to liquidate their herds early, improvements farmers requested to people are helped each year by the nutrition well before they have realized their full help manage a severe drought exactly programs in the farm bill. We have a tremen- dous opportunity to set the course of farm size and value. like the one we are going through right The Greeley, CO, auction producers’ and nutrition policy for another five years now. This is the point of that provi- while continuing to maintain and support barn is seeing double the sales activity sion. A 1-year bill doesn’t have any of right now as compared to the same these jobs nationwide. those provisions. The message from our constituents and time last year because ranchers are Corn farmers on Colorado’s eastern rural America is clear: we need a farm bill selling their cattle below full weight plains could lose 40 percent or more of now. We ask that you bring a farm bill up be- and maturity. They are losing any- their revenue this season. We need fore the August District Work Period so that where from $200 to $400 a head. these reforms and the predictability of the House will have the opportunity to work Next week Carl Hansen of Livermore, its will. We ask that you make this legisla- the Senate bill. Our bill also contains CO, is selling 160 of his steers and 90 tion a priority of the House as it is critically permanent disaster programs that pro- heifers. On average, each animal will important to rural and urban Americans vide responsible assistance to pro- be sold 150 pounds underweight due to alike. ducers in need. Some of these pro- We appreciate your consideration of this the drought conditions. If beef is sell- grams, such as the livestock disaster request and look forward to working with ing at $1.50 a pound, that is $56,000—ac- you to advance the FARRM Act. tually a little more than that—of lost program, expired in September 2011, al- Mr. BENNET. They wrote: revenue for Carl Hansen and his family. most a year ago. If Congress takes the The consequences of this drought ex- easy way out and does a 1-year exten- The message from our constituents and tend well beyond farm country. The sion, our livestock producers will get rural America is clear; we need a farm bill no relief—none. This means no disaster now. We ask that you bring a farm bill up be- damage to our farms and ranches affect fore the August District Work Period. other sectors of the economy—from assistance for ranchers whose pasture They went on to say: transportation to energy, from banking is too dry to feed their cattle. to retail. We all know there is nothing Who is going to explain to the people We ask that you make this legislation a selling at the Greeley auction barn priority of the House as it is critically im- Congress can do to stop the drought or portant to rural and urban Americans alike. prevent the next one from coming, but why this is not a priority for our Con- what we can do is give our farmers and gress in the middle of the worst Representative RICK BERG, a Repub- ranchers the tools they need to manage drought in decades? lican from North Dakota, took to the this drought and plan for the future by The House Agriculture Committee floor last week and said: passing a 5-year farm bill. passed a 5-year farm bill with a strong Now is the time for the House to act, the We hear a lot about uncertainty in bipartisan 35-to-11 vote. Again, this is time for the farm bill now. these two Chambers. I can’t imagine a not the partisan dysfunctionality we JO ANN EMERSON, a Republican Con- set of circumstances creating more un- talked about for so many months on gresswoman from Missouri, told report- certainty in a difficult situation than this floor. We have two bipartisan bills: ers that ‘‘there are problems with my that. One was passed out of committee on farmers who need to make planning de- Now we hear that the House leader- the House side with broad bipartisan cisions.’’ ship is planning a 1-year punt on this support, and one was passed on the We are seeing that exact same uncer- whole conversation, one more expres- Senate floor with broad bipartisan sup- tainty plaguing our farmers and ranch- sion that Washington, DC, has become port. It is not surprising that I am not ers in Colorado. Yet here we are again. the land of flickering lights, providing the only person who is calling for a We have seen this before in Wash- very little opportunity for people to be long-term extension—a 5-year exten- ington. We are pretty good at starting able to plan and have predictability. sion. There are 79 House Members, in- conversations, but we are not very What is wrong with the Senate- cluding 41 Republicans, who wrote to good at finishing them. We are kicking passed bipartisan farm bill that had the Speaker last week asking him to the can down the road once again, but

VerDate Mar 15 2010 06:47 Jul 27, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.083 S26JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5456 CONGRESSIONAL RECORD — SENATE July 26, 2012 this is the farm bill, which is a bipar- The Senate has already approved its farm keyed to government-set target prices—a tisan effort that rarely, if ever, has bill; even if Republicans were to win control taboo for free-market types. been used as a political football around in November, the GOP’s majority will be so Southern rice, peanut and wheat producers stand to do far better under the House ap- this place. narrow that Democrats will be able to block wholesale changes. In the House, the only proach, but the two bills appear to lunge in Three days ago David Rogers wrote certainty about a lame duck is there will be opposite regional directions. Corn and soy- an article, which I think accurately de- even more unhappy people hanging around. bean growers can almost lock in profits in scribes our dilemma. It was in Politico. No, the real reason for Speaker John Boeh- the early years of the Senate plan. At the Mr. President, I ask unanimous con- ner (R–Ohio) to delay the farm bill is not be- same time, the House cotton package costs sent that this article also be printed in cause there will be better answers after the nearly 20 percent more than what was al- the RECORD. election. It’s because he doesn’t like the an- ready viewed as a rich Senate deal. And a $14 There being no objection, the mate- swers he sees before. per hundredweight target price for rice is The farm bill came out of the House Agri- rial was ordered to be printed in the higher than what many other crops got, culture Committee on a strong bipartisan 35– when measured against government data for RECORD, as follows: 11 vote July 12. Nearly a year after the Au- production costs. [From Politico, July 23, 2012] gust debt accords—and eight months after The 13 Southern states are the backbone of CONGRESS DELAYS FARM BILL AS DROUGHT the November collapse of the deficit super- the House GOP’s majority, contributing 102 SPREADS committee—it is the closest this Congress votes or more than 40 percent of the con- (By David Rogers) has come to enacting real deficit reduction ference. This is also where the lines are from mandatory spending. clearest, not just for crops but also food- To understand how far this Congress will But it’s not perfect, and Boehner’s Repub- stamp savings. go to kick the proverbial can down the road, licans are split regionally and ideologically, House Agriculture Committee Chairman consider the farm bill—yes, the farm bill. with the right demanding still greater sav- Frank Lucas (R–Okla.) and the committee’s In the midst of a severe drought, the House ings and a more free-market approach to ag- ranking Democrat, Minnesota Rep. Collin Republican leaders are proposing to walk riculture policy. Peterson, had hoped to thread this needle by away from farm states and decades of prece- Given Democratic concerns over the depth offering a new national eligibility standard dent by not calling up the new five-year plan of the food stamp cuts already made, Boeh- for the nutrition program somewhat to the before the current law expires Sept. 30. ner says there are not 218 votes for passage. right of Texas’s food stamp rules. But for the Whatever its flaws, the bill promises $35 Rather than wrestle with this problem, it’s majority of Southern states, it meant a mod- billion in 10-year savings from exactly the easier to run out the clock with symbolic est increase from 130 percent to 140 percent type of mandatory spending that Congress anti-red tape, anti-tax votes on which the of poverty as the high-end income cap—and promised to tackle in last summer’s debt ac- GOP is more united. so it ran aground in the committee. cord. But rather than disrupt its political Senate Democrats have kicked their share Peterson, refusing to be discouraged, has messaging, the GOP would put it all at risk of cans as well. First no spring budget reso- plunged back into the fray, trying to find by delaying action until after the November lution. Then no summer appropriations de- some compromise on food stamps and still elections. bate. All under the watch of a majority lead- hoping that Boehner will relent on moving There’s little institutional memory left in er—Sen. Harry Reid (D–Nev.)—who served for the farm bill this summer. the Capitol—or perspective on the accumula- years on the Senate Appropriations Com- ‘‘Collin is a CPA by training. He’s a num- tion of cans rolling down the road these mittee. bers guy. He’s very focused as a Blue Dog days. But the farm bill delay is new ground Yet there’s something bigger about the about the budgetary consequences of our ac- for any Congress. farm bill. tions,’’ Lucas told POLITICO. ‘‘I think he’s Never before in modern times has a farm Perhaps because it is a five-year event and basically on the right track as he’s described bill reported from the House Agriculture so fundamental to one bright spot in the it to me. The question really comes down to: Committee been so blocked. POLITICO economy. Or maybe it’s the pounding will we wind up with floor time?’’ looked back at 50 years of farm bills and drought across the country that gives pause. And himself? found nothing like this. There have been Farmers live by nature’s calendar, not con- The morning after his late night markup, long debates, often torturous negotiations tinuing resolutions. And by failing to act, Lucas sought out Boehner and Majority with the Senate and a famous meltdown in Congress can seem even more detached from Leader Eric Cantor (R–Va.) face to face. 1995 when the House Agriculture Committee the real lives of everyday people. ‘‘They thanked me, smiled at me and left it couldn’t produce a bill. But no House farm Changes in the Washington press foster at that,’’ Lucas said. bill, once out of committee, has been kept this detachment. Major newspapers are more He himself is worried—like Republicans in off the floor while its deadline passes. prone to editorials than real reporting on the the Senate—that simply passing a short- If pushed into November’s lame-duck ses- debate. Regional papers, once the backbone term extension of the current farm law will sion, farmers will join Medicare physicians of farm coverage, have closed their bureaus. not be an easy matter in September. Having whose pay will be running out, idled workers In the new Capitol trend, some of the most spent the better part of a year saying direct worried about jobless benefits, and very like- experienced agriculture reporters report to payments must end, will Congress want to ly, millions of families faced with expiring clients—not the public. extend them? tax breaks. The biggest irony may be Boehner himself. ‘‘I’m trying to maintain a good solid work- For all the backslapping over the recent The speaker, after all, spent his early years ing relationship with my leadership,’’ Lucas transportation bill, that measure expires in on the Agriculture Committee and prides smiles. ‘‘I’m trying to be a positive advocate just 15 months. The Democratic Senate no himself on being a ‘‘regular order’’ and pro- for why I believe our bipartisan bill deserves longer even tries to do 12-month appropria- chairman leader. He chastises Obama regu- floor time.’’ ‘‘I’ve alerted staff to be ready to go on a tions bills. Already in mid-July—when the larly for doing precisely this: kicking the moment’s notice, and I will also tell you floor used to be humming—the ‘‘smart can down the road. money’’ is plotting a stop-gap continuing As if to remind him, Rep. Rick Berg (R– there are external events that could impact resolution to get to November or beyond. N.D.), a Boehner favorite now running for the situation. If this drought continues in Such a CR was once treated as a backstop the Senate, took to the floor Thursday just the West and Midwest, it could drive mem- by the Appropriations committees. Now the minutes after the speaker had again ducked bers to want to see some action.’’ practice is so prevalent in all areas of gov- farm bill questions at his weekly news con- Mr. BENNET. To quote Mr. Rogers: ernment that the letters might stand for ference. Never before in modern times has a farm ‘‘Congress Retreats.’’ ‘‘Now is the time for the House to act,’’ bill reported from the House Agriculture ‘‘It’s to the point where you almost think Berg told his colleagues. ‘‘The time for the Committee been so blocked. you should vote against extensions because farm bill is now.’’ Never before in modern times. I sus- they are extensions,’’ Rep. George Miller (D– The biggest Republican divisions are also pect it is true in ancient times as well, Calif.) told POLITICO. ‘‘If you were looking where the greatest savings lie: the com- at the United States from outside, you look modity and nutrition titles. but it has certainly been true in mod- and you say, ‘What are these people? Both the House and Senate put an end to ern times. Rogers tells us that he Fools?’ ’’ direct cash payments to farmers, a long-de- ‘‘looked back at 50 years of farm bills Elections do matter, and there’s some logic manded reform saving about $5 billion a and found nothing like this.’’ He con- to letting the voters reshuffle the deck be- year. The dispute is over how much of that tinues: fore tackling tough issues. But that’s not money is reinvested in new subsidies—and Farmers live by nature’s calendar, not con- what’s happening here. where. tinuing resolutions. The presidential campaigns are already The Senate bet heavily on a new shallow- being criticized for lacking all substance. loss revenue-protection program geared to I could never have said it so elo- But whoever wins, neither President Barack Midwest corn and soybean producers. The quently myself. He also said: Obama nor Mitt Romney has shown any ap- House whittles this down to make room for And by failing to act, Congress can seem petite for this debate—or even knowledge of more of a traditional countercyclical pro- even more detached from the real lives of ev- farm issues. gram that protects against deep losses but is eryday people.

VerDate Mar 15 2010 06:47 Jul 27, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.084 S26JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 26, 2012 CONGRESSIONAL RECORD — SENATE S5457 I would not have thought it was pos- trend that is occurring in this country. Supreme Court to adopt in Citizens sible that this place could seem more A vicious attack is underway on the United. The Justice Department ar- detached from the everyday lives of the right to freedom of speech that is pro- gued that the government should be American people than it already ap- tected by the first amendment. It needs able to ban books that contained even pears to be. We found a way of doing to be highlighted, and hopefully it will one sentence that expressly advocated that, and that is by failing to pass this stop. Free speech is one of the most im- the election or defeat of a candidate if bipartisan farm bill through the Con- portant rights that Americans enjoy. those books were published or distrib- gress in a timely way that is essential Speech on public issues is the way de- uted by a corporation or a union. This for people who are suffering through mocracy discusses and debates the im- administration argued in favor of ban- this kind of drought. portant questions of the day. Many ning books. In light of the practice of I think Mr. Rogers’ observation is ex- great political movements in this totalitarian regimes of the 20th cen- actly right, and I have been on this country’s history depended upon this tury, this administration’s position on floor many times before saying the first amendment right, freedom of free speech is very astonishing. The Su- people at home in Colorado—Repub- speech. Even when Martin Luther King preme Court quite rightly rejected the licans, Democrats, and Independents— was jailed and his supporters subjected argument of the administration on don’t identify with the cartoon of a to violence, free speech enabled him to that particular point. conversation that we are having in change the views and practices of an It reminded the news media, which is Washington, DC, right now. I can’t entire nation. Today too many govern- organized in corporate form for the think of a clearer example than the ment officials seek to shut up people most part, that the exemption from failure to act on this bipartisan piece who disagree with them rather than de- campaign finance laws is by statute, of legislation. This is legislation that bate those people and debate those and one which Congress could remove would immediately help people all issues. at any time, threatening freedom of across our country, all across America, There have been a series of recent in- the press. If that were to happen and who are struggling today. cidents to which I want to refer. Con- the Constitution were to allow restric- Mr. President, think for just a mo- sider recently that the Senate Com- tions on corporate independent expend- ment about our farmers in Colorado mittee on the Judiciary in the past itures, the guarantee of freedom of the and rural communities just like our month has held two hearings that press would be as threatened as free- communities all across this wonderful prove my point. A hearing was held on dom of speech. country. Our farmers and ranchers are a bill that would criminalize sup- Then there is another situation, and experiencing the worst drought in over posedly deceptive statements in ad- this deals with the restaurant chain of half a century. Who is going to look in vance of elections. It would allow the Chick-fil-A. The owner of that chain is the eyes of our farmers in Middle government to criminalize political a Christian who has spoken in favor of America and tell them our dysfunc- speech based on its content. It would the value of traditional marriage. The tional politics will prevent this bill risk government selectively choosing chain has not discriminated against from moving forward? to prosecute its political opponents. t anyone so far as has been reported. The Who is going to tell Steve Scott and would allow political candidates to restaurant seeks to expand in Boston Carl Hansen that this bill isn’t going to make accusations against their polit- and Chicago where presumably it be a priority in the Congress, that we ical opponents. So it would chill can- would create new jobs, and in order to are just going to take our recess and go didates from speaking. get there, it has to meet the permit re- home for a month not having passed A few days after our hearing, the Su- quirements. However, Mayor Menino of this bipartisan piece of legislation, the preme Court’s ruling in the Alvarez Boston wrote a letter to the company only manifestation and example of bi- case confirmed all the free speech prob- president. He said that because of the partisan deficit reduction in either the lems with that bill. But even after that owner’s ‘‘prejudice statements,’’ there House or the Senate in this entire Con- decision, the Justice Department, to would be no place in Boston for the dis- gress? my disappointment, issued a letter in crimination the company represented. I implore the House to figure out how support of the bill. That letter made no The mayor notified the property own- to come to its senses and pass a 5-year mention of any first amendment con- ers where the restaurant was to open of bill along the lines of the bill that was siderations. I have heard no indication his views. passed out of their committee, and that the committee will not mark up In Chicago, an alderman seeks to then together we can have a conference this bill which represents a grave deny Chick-fil-A from opening in his and decide how we are going to move threat to freedom of speech. ward for the same reason. It is reported this bill forward on behalf of farmers This week, the Judiciary Commit- that President Obama’s former Chief of and ranchers all across my State and tee’s Subcommittee on the Constitu- Staff, now Chicago Mayor Rahm Eman- the United States of America. tion held a hearing on the legislative uel, is sympathetic to the alderman’s I yield the floor. responses to the Citizens United case. point of view. The PRESIDING OFFICER. The Sen- In that decision, the Supreme Court Once again, this is a gross violation ator from Iowa. ruled that the first amendment’s free of first amendment free speech. Gov- Mr. GRASSLEY. I didn’t come to the speech guarantee protects the rights of ernment cannot deny a benefit to floor to speak about the farm bill be- corporations and unions to make inde- someone because it disagrees with the cause I did that yesterday. I want to pendent expenditures in support of can- applicant’s views. This is the funda- assure the Senator from Colorado that didates or on any particular policy mental principle of our constitutional I listened to everything he said, and I issue that they want to speak out on. democracy. agree with him. That was my plea in The ruling has no effect on campaign Voicing support for traditional mar- maybe a little broader context yester- contributions. There are proposals in riage is not discrimination. That day in asking that the House of Rep- this body to amend the Bill of Rights, speech is not hate speech. Even if it resentatives take up the bill. Also, the the first amendment, for the very first were, the first amendment protects House brags, legitimately so, about time, to allow the government to limit speech that is unpopular with the gov- being fiscally conservative, so I agree how much candidates can spend on ernment. There is no constitutional with what the Senator from Colorado speech and, therefore, the amount of speech code that allows banning a hate said. This may be the only oppor- speech that the government will per- speech any more than government can tunity—presumably the only oppor- mit. And there are proposed constitu- ban speech in books. tunity—to pass a farm bill or any bill tional amendments to prevent corpora- Finally, the Alvarez decision a few that saves money from previous pro- tions and labor unions from spending weeks ago affects another first amend- grams of previous years. I compliment in elections. To me, this is very serious ment issue pending before this body the Senator from Colorado. business that we ought to be raising a right now. In the Alvarez case, the Su- FREEDOM OF SPEECH red flag about. preme Court struck down the Stolen Mr. President, I come to the floor to It is worth remembering what rule Valor Act which criminalizes lies con- discuss what I consider a disturbing the Obama administration asked the cerning winning military medals. It did

VerDate Mar 15 2010 06:47 Jul 27, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.085 S26JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5458 CONGRESSIONAL RECORD — SENATE July 26, 2012 so on free speech grounds. I know many it had information on Major Hasan Let me repeat that these employees of my colleagues desire to pass a new prior to that attack. As a result, the violated Federal law and the Depart- law that will accomplish that goal, and FBI Director asked Judge Webster to ment of Justice regulations prohibiting if that law is constitutional, I will conduct an independent review and in- employment of relatives, granting ille- probably join them in that effort. vestigation of the FBI’s handling of the gal preferences in employment, con- Two bills on this subject are now matter. In short, Judge Webster’s com- flict of interest, and misuse of position. pending in the Senate. Senator BROWN mission found that the FBI made mis- Further, employees who were inter- of Massachusetts introduced the first takes that resulted from a number of viewed by the Office of Inspector Gen- bill and then Senator WEBB did so after problems—some operational, some eral were also found to have made false the Alvarez decision. There have been technological. statements to investigators. efforts to pass both bills by voice vote. Some of these mistakes are ex- This is an example of the Justice De- When the Republicans were asked to tremely concerning given that they are partment run wild. It is troubling to move the Webb bill, we were told that basic management failures. For exam- me how employees within the Depart- all Democrats supported the bill. This ple, the unclassified report states: ment colluded and schemed to hire one is a problem. The Webb bill is clearly Many agents and most [task force officers] another’s relatives in order to avoid unconstitutional based upon the Alva- did not receive training on [FBI computer rules against nepotism. It is inexcus- rez decision. It criminalizes some lies systems] and other FBI databases until after able, and I can assure my colleagues about medals that the Supreme Court the FBI’s internal investigation of the Fort that we will be looking into this mat- Hood shootings. says Congress cannot criminalize. ter. For instance, it would prohibit lies in This is clearly unacceptable. This wasn’t a one-time event, by the Other problems highlighted include campaigns and in employment, even way. In fact, the Office of Inspector failing to issue Intelligence Informa- when those lies would not produce the General pointed out that similar prob- tion Reports on Major Hasan to the De- tangible, material benefit that is nec- lems existed in 2008. Despite what the fense Department; confusion about essary to punish them. Yet no Demo- Department called ‘‘aggressive action’’ which FBI office was investigating the crat objected to passing the bill with- to stop this type of behavior back in lead; failure to interview Major Hasan; out debate. Of course, Republicans 2008, it appears nothing has changed. along with information technology could not agree to such a request. At the very least, the Attorney Gen- limitations. eral needs to hold these employees ac- Since he did not have the benefit of All in all, the Webster report paints a the Supreme Court decision when Sen- countable with more than just discipli- disturbing picture of the FBI. It shows nary action. Laws were broken and ator BROWN wrote the bill, right now, lack of training, failure to follow leads, because of the decision, and he didn’t false statements were made. The De- and continued computer problems. partment can’t simply sweep this know about it, Senator BROWN’s bill is These are the types of problems that, also unconstitutional. The difference under the rug. Employees need to be quite frankly, we thought were cor- punished because in this town, if heads between his bill and Senator WEBB’s rected following the terrorist attacks don’t roll, nothing changes. bill, however, is that Senator BROWN of 9/11. I yield the floor. now has a substitute amendment that Ultimately, Judge Webster issued 18 The PRESIDING OFFICER. The Sen- seems to address the problem in a fully recommendations for the FBI to imple- ator from Rhode Island constitutional way. But although ment to prevent future problems such CLIMATE CHANGE Democrats want to pass without debate as these. The FBI agreed with these Mr. WHITEHOUSE. Mr. President, I a clearly unconstitutional bill, some- recommendations and has stated they return to the floor today to give voice how they object to a clearly constitu- will take action to implement those once again to the issue I feel will most tional Brown bill. recommendations. significantly define this generation of These games should stop. I am sure That is good news, of course. The FBI leadership in the United States and all the Members of this body should be must implement these recommenda- around the globe. I rise to discuss the willing to support a single constitu- tions and do it immediately. However, notable, evident changes taking place tional bill that would reenact the pro- we have a duty to make sure the FBI in our Earth’s climate, the relationship hibition on lying about whether one is implements these recommendations between our own activities and the entitled to certain military medals. and holds people accountable—in fact, In short, this country is facing a dis- change and the rate of change being ob- hold the FBI accountable—if they served, and our, so far, forsaken re- turbing increase in government actions don’t. The FBI’s failure in this case is sponsibility to address climate change that violate the freedom of speech. inexcusable and shakes public con- That is a vital right of our democracy. head on and with purpose. fidence in the FBI’s ability to combat Last month, representatives from Anyone can stand up for speech with homegrown terrorism. Basic manage- world governments, the private sector, which they agree. The test for govern- ment problems and investigative fail- NGOs, and other major stakeholders ment officials and the test for free ures can’t happen, particularly if na- gathered in Rio de Janeiro, Brazil, for speech is whether they will allow tional security is at stake. If failures of the United Nations Conference on Sus- speech with which they might disagree. this magnitude occur on high profile tainable Development. Marking the They may criticize speech, debate the national security cases, it makes one 20th anniversary of the 1992 Earth speech, and seek to change minds. But wonder what the FBI is doing on other Summit in Rio, this year’s conference shutting people up, denying them bene- investigations. was nicknamed ‘‘Rio+20.’’ fits, passing bills that would put people Those responsible for these failures So-called sustainable development in jail for exercising free speech should be held accountable. I intend to principles consist of a set of principles rights—these are never allowable under follow up with Director Mueller to de- and strategies that, when acted upon our Constitution. It is time for elected termine what action was taken against by the global community, will balance officials to pay greater heed to the those people who didn’t do the job in strong economic growth, expansion of oath to support the Constitution. the right and correct way. just civic and government structures, REPORT BY FORMER FBI DIRECTOR WILLIAM JUSTICE DEPARTMENT INSPECTOR GENERAL and environmental protection. Another WEBSTER ON FORT HOOD ATTACK REPORT way to view sustainable development is Recently, former FBI Director Wil- One more report that can’t go ig- in the balance of the needs of the liam Webster was asked to investigate nored is a report released this morning present with those of future genera- how the FBI performed regarding the by the Justice Department Office of In- tions through the fair use of resources. attack at Fort Hood by MAJ Nidal spector General. This report examined As Secretary of State Hillary Hasan. improper hiring practices within the Rodham Clinton said: Major Hasan’s attack killed 12 U.S. Justice Department’s Justice Manage- In the 21st century, the only viable devel- soldiers, a Defense Department em- ment Division. Shockingly, the inspec- opment is sustainable development. The only ployee, and wounded 42 others. Fol- tor general found the Justice Depart- way to deliver lasting progress for everyone lowing the attack, the FBI conducted ment employees openly and flagrantly is by preserving our resources and protecting an internal review and determined that violated Federal law. our common environment.

VerDate Mar 15 2010 06:47 Jul 27, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.086 S26JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 26, 2012 CONGRESSIONAL RECORD — SENATE S5459 One positive aspect of this Rio+20 ing into account the importance of cor- measurable and ever-increasing conference was discussion of the power porate social responsibility.’’ amounts, and that we are now up to 7 of economic forces in promoting sus- As leaders in the public sector, we to 8 gigatons each year going into our tainability. The official Outcome Docu- have the capacity to establish those ef- atmosphere. A gigaton, by the way, is a ment adopted by the conference par- fective incentives that can leverage billion—with a ‘‘B’’—metric tons. Re- ticipants entitled ‘‘The Future We billions in private sector investment leasing all this carbon into the atmos- Want’’ highlights the role of private into sustainable products and services phere has, predictably, increased the companies, the private sector—and that support environmental and social carbon concentration in our atmos- their close collaboration with govern- improvements. The constructive role phere. That should not be a difficult ments—in driving sustainable develop- that government can play is being rec- proposition, that when you are dump- ment. It reads in part: ognized not just in capitals around the ing 7 to 8 billion metric tons of carbon We acknowledge that the implementation world but in boardrooms around the into the atmosphere every year, it of sustainable development will depend on world. raises the concentration of carbon in active engagement of both the public and Yet, unfortunately, here in Wash- the atmosphere. private sectors. We recognize that the active ington, the special interests that deny We now measure those carbon con- participation of the private sector can con- carbon pollution causes global tem- centrations in the atmosphere. We tribute to the achievement of sustainable de- peratures to rise, that deny melting measure them climbing. Again, this is velopment, including through the important icecaps destabilize our climate so that, tool of public-private partnerships. a measurement, not a theory. The for instance, regions face extreme present concentration exceeds 390 parts A number of Rio+20’s corporate par- drought—as the Senator from Colorado per million. Mr. President, 8,000 cen- ticipants have stepped forward to ac- discussed earlier—or outsized precipi- turies between 170 to 300 parts per mil- cept this challenge. Many of those tation events—that we have seen in my lion, and now we are out over that global businesses are recognizing that home State of Rhode Island—those spe- range, as far as 390 parts per million. In greening their operations is not just cial interests in Washington still have the Arctic, we have actually clipped good for the environment, it is good for a strong hold, and they pretend the over into 400 parts per million. their business as well. jury is still out on climate changes Here is what the Christian Science Dell, for example, has committed to caused by carbon pollution. This is, to Monitor said about this: reducing its worldwide facilities’ be perfectly blunt about it, an outright greenhouse gas emissions 40 percent by The Arctic is the leading indicator in glob- falsehood. al warming, both in carbon dioxide in the air 2015. Dell is a computer technology cor- The fact that carbon dioxide in the and effects, said Pieter Tans, a senior NOAA poration based in Texas that ranks 44th atmosphere absorbs heat from the Sun scientist. on the Fortune 500 and employs over was discovered at the time of the Civil The Arctic is our leading indicator in 106,000 people. I doubt they made that War—1863. Mr. President, 1863 was global warming, both in terms of the decision rashly. when the Irish scientist John Tyndall carbon dioxide concentration in the air Bank of America, based in Charlotte, determined that carbon dioxide and and the effects of that carbon dioxide NC, is number 13 on the 2012 Fortune also water vapor trapped more heat in concentration. 500 list and was the first bank to offer the atmosphere as their concentrations ‘‘This is the first time the entire Arctic is coast-to-coast operations in the United increased. that high,’’ he said. States. They have committed $50 bil- The 1955 textbook, ‘‘Our Astonishing Tans called reaching the 400 number ‘‘de- lion over 10 years to finance Energy Ef- Atmosphere’’—from the year I was pressing,’’ and [his colleague Jim] Butler— ficiency, Renewable Energy and Energy born—notes that ‘‘Nearly a century Who is the global monitoring direc- Access, and other activities that ad- ago’’—in 1955—‘‘the scientist John Tyn- tor at the National Oceanic and Atmos- vance the low-carbon economy. dall suggested that a fall in the atmos- pheric Administration’s Earth System Marriott has displayed both internal pheric carbon dioxide could allow the Research Lab in Boulder, CO— and external efforts by committing to earth to cool, whereas a rise in carbon said it was ‘‘a troubling milestone.’’ build 10 Fairfield by Marriott hotels dioxide would make it warmer.’’ ‘‘It’s an important threshold,’’ said Car- constructed to sustainable building So this is not something new. This is negie Institution ecologist Chris Field, a sci- standards; as well, pledging $500,000 to not something unusual or extraor- entist who helps lead the Nobel Prize-win- help preserve 1.4 million acres of dinary. This is solidly established ning Intergovernmental Panel on Climate rainforest in the Juma Reserve in the science. Change. ‘‘It is an indication that we’re in a state of Amazonas, Brazil. Marriott In the early 1900s, it became clear different world.’’ ranks first on the Fortune 500 list in that changes in the amount of carbon ‘‘It is an indication that we’re in a the category of the hotel-casinos-re- dioxide in the atmosphere can account different world.’’ sorts industry. for significant increases and decreases In this article, they make the same Microsoft has committed to going in the Earth’s annual average tempera- point I made a moment ago. I quote the completely carbon neutral, and will be tures, and that carbon dioxide, released article: factoring the costs of carbon output primarily by the burning of coal, would It’s been at least 800,000 years—probably into the company’s business operations contribute to these changes. Again, more—since Earth saw carbon dioxide levels in over 100 countries. this is not new stuff. These are well-es- in the 400s, Butler and other climate sci- These companies are just a few exam- tablished scientific principles. entists said. ples from the effort that is being un- Let’s look at the changes we observe So another thing we do pretty regu- dertaken in the private sector to meet in our changing planet. Over the last larly around here in business, in the our responsibilities to address climate 800,000 years, until very recently, the military, in science, is plotting trajec- change. As leaders in government, we atmosphere has stayed within a band- tories. It is something that, frankly, must recognize that the private sector width of 170 to 300 parts per million of scientists, businesspeople, and military will not, however, be able to halt cli- carbon dioxide—170 to 300 parts per folks do every day. There is nothing mate change on its own. But these million. That has been the range for new here. commitments do signify that action on 8,000 centuries. By the way, that is a When you plot the trajectory for our climate change does not need to come measurement, not a theory. Scientists carbon concentration, the trajectory at the expense of economic growth. measure historic carbon dioxide con- for our carbon pollution predicts 688 Governments can—and must—pro- centrations by locating trapped air parts per million in the year 2095 and vide incentives for sustainable produc- bubbles in the ice of ancient glaciers. 1,097 parts per million in the year 2195. tion and consumption. Indeed, the So we know by measurement over time Mr. President, 688 parts per million in Rio+20 Outcome Document goes on to what the range has been of our carbon the year 2095, when for 8,000 centuries say: ‘‘We support national regulatory dioxide concentration. it has been between 170 and 300 parts and policy frameworks that enable What else do we know? Well, we per million. So 8,000 centuries at 170 to business and industry to advance sus- know since the Industrial Revolution, 300 parts per million, and by the end of tainable development initiatives tak- we have burned carbon-rich fuels in this century: 688 parts per million.

VerDate Mar 15 2010 06:47 Jul 27, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.088 S26JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5460 CONGRESSIONAL RECORD — SENATE July 26, 2012 To put that 800,000-year figure in per- oceans are indeed changing before our wealthy that it can change the oper- spective, mankind has engaged in agri- very eyes, and anyone who spends time ation of those laws. What they have culture for maybe 10,000 years, maybe a on the oceans or who studies the done is to change the operation of our little more. Mr. President, 800,000 years oceans knows this. The oceans are ris- laws, inhibited our ability to meet our ago, it is not clear we had yet figured ing. The oceans are swept by more vio- duty to respond to the laws of our God- out how to make a fire. Millions of lent storms. The oceans are getting given Earth. We do indeed bear a duty years ago goes back into geologic time. more acid, affecting already the crea- to make the right decisions for our Those carbon concentrations—688 parts tures at the bottom of the food chain, children and grandchildren and our per million, 1,097 parts per million— upon which ocean life depends. God-given Earth. right now we are fail- those are carbon concentrations that It is very hard for a creature to suc- ing, shamefully failing, in that duty. we have not seen in millions of years ceed in an environment in which it is We are deluded if we think that some- on the surface of the Earth. And we are becoming soluble. That is what is hap- how we will be spared the plain and headed for them in just a century and pening as our oceans acidify, and the foreseeable consequences of our failure a half—two centuries. small basic creatures at the very bot- to act. Some may hope they will find a As Tyndall determined at the time of tom of the food chain that live by mak- wizard’s hat and wand with which to the Civil War, increasing carbon con- ing their shells can no longer make wish all this away. That is not rational centrations will absorb more of the shells successfully because the water is thinking. If we have a simple obliga- Sun’s heat and raise global tempera- too acidic. tion to our children and to future gen- In the Arctic, we see unprecedented tures, and experience around the world erations, it is to be rational human icemelt. The caps are shrinking. Every is proving that is taking place in front beings and to make rational decisions day it seems we hear about a new of our faces in undeniable ways. based on the evidence and the laws of record being broken, a new loss of ice We think often of climate change as nature. These laws of nature are cover in the Arctic. In the tropics, we happening to our atmosphere, and we known. Earth’s message to us is clear. see coral dying. In some places, 80 per- think of its effects on our lands be- Our failure is blameworthy. Its con- cent of the coral is gone. I have been to cause we are land-based creatures. But sequences are profound, and the costs places I can remember live and lively let me talk for a moment about our coral reefs, and now we go back and the will be very high. oceans. coral is still there, but it is dead. It is I see the distinguished Senator from In April of this year, a group of sci- like an abandoned building. Fish can Alaska who actually brought a wonder- entific experts came together to dis- swim around in it, but it is not the ful scientist from the University of cuss the current state of our oceans. fountain of life that a coral reef is sup- Alaska who gave one of the better pres- Their workshop report stated this: posed to be. entations on ocean acidification that I Human actions have resulted in warming There is a garbage gyre in the Pacific have ever seen as part of our Oceans and acidification of the oceans and are now that is estimated to be larger than the Caucus. causing increased hypoxia. size of the State of Texas in which I yield the floor to Senator MUR- Hypoxia is when there is not enough enormous amounts of the plastics we KOWSKI. oxygen trapped in the ocean to sustain discard are being swept and floating. The PRESIDING OFFICER (Mr. life of the creatures that live in the We have whales that are poisoned to FRANKEN). The Senator from Alaska. ocean. the point where if they come ashore in Studies of the Earth’s past indicate that Rhode Island on a summer day, if they EPA these are the three symptoms— are hurt or get washed ashore because Ms. MURKOWSKI. Mr. President, I Warming, acidification and increased they are injured, we often end up with have had an opportunity to listen to a hypoxia— whale cadavers in the summers on our few moments of the comments from my associated with each of previous five mass coast. When that happens, it is reason- colleague from Rhode Island. I clearly extinctions on Earth. ably likely that whale is toxic waste; share his passion and concern for the that if we towed the body back out to We experienced two mass ocean oceans. We have been working together the ocean to let it sink and let nature extinctions 55 million years ago and 251 as the cochairmen of the Oceans Cau- take its course, we would be violating million years ago. Last year, a cus in the Senate and have had the op- our clean water laws by disposing of paleobiologist at Brown University, portunity to learn from one another on toxic waste. If we cranked that whale’s whose name is Jessica Whiteside, pub- both ends of the country about the sig- body up into the back of a truck and lished a study demonstrating that it nificant responsibilities we have, also took it to the town dump and chucked took 8 million years after that earlier the great challenges we have, whether it, we would be violating the hazardous it is ocean acidification, whether it is extinction—the one 251 million years waste disposal laws of the State of ago—it took 8 million years after that the opportunities we have to ensure Rhode Island because we have put so that we are good stewards of our water, for plant and animal diversity to re- much poison into the ocean that crea- turn to preextinction levels. So that our land, our air. tures such as whales that live at the It is a challenge I think we face on a was a pretty heavy-duty wipeout if it top of the food chain have now become took 8 millions years to recover. daily basis. But I think as we rise to so infiltrated with these poisons that meet these challenges, we recognize Here is the tough part. In the lead-up they are now swimming toxic waste. that oftentimes within the laws that to these past mass ocean extinctions, Around here we like to think pretty we have put in place to provide for that scientists have estimated that the highly of ourselves. But the laws of Earth was emitting carbon into the at- physics, the laws of chemistry, the level of protection, for that level of mosphere at a rate of 2.2 gigatons per laws of science, these are laws of na- oversight and that stewardship, that year for the earlier extinction, and ture. These are laws of God’s Earth. We we may encounter conflict, conflict somewhere between 1 and 2 gigatons can repeal some laws around here; we with the obligation we also have to en- per year for the second extinction over cannot repeal those. Senators are used sure that the people we represent have several thousand years. to our opinions mattering around here. an opportunity for good jobs, for a live- Remember how much are we releas- These laws are not affected by our lihood in a region they call home, that ing now—7 to 8 gigatons a year. So 2.2 opinions. For these laws of nature, be- there is a level of balance that we find and somewhere between 1 and 2 were cause we can neither repeal them nor between our obligation to care for the the levels that led to those mass influence them, we bear a duty of stew- land, the air, the water, as well as car- extinctions in geologic time, and we ardship, of responsibility to future gen- ing for one another. are now at 7 to 8 gigatons a year. erations to see and respond to the facts It is in that vein that I would like to As the group of Oxford scientists that are before our faces and to see and address my comments this afternoon. I noted, both of these estimates, the respond to those facts according to na- would like to speak about certain as- ones for how much was being released ture’s laws. pects of what we see within the Envi- in those geologic times, are dwarfed in There is no lobbyist so powerful, ronmental Protection Agency and comparison to today’s emission. Our there is no secret special interest so speak specifically to an issue that is

VerDate Mar 15 2010 06:47 Jul 27, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.089 S26JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 26, 2012 CONGRESSIONAL RECORD — SENATE S5461 unfolding in my State of Alaska. Clear- relates to ECA. ECA is a reference to Miami might somehow affect the food ly, the EPA has important responsibil- the Emissions Control Area. The EPA supply for bears up in the Pocono ities to set and also enforce environ- was a major proponent of including the Mountains north of Philadelphia, PA. mental standards. I think we would all ocean off southern and southeastern I think we need to look at this and agree with that. In the 40 years since Alaska in an international emissions recognize we have a pretty flawed EPA was established, our Nation has control area. This was an effort to re- study to begin with, if the suggestion made dramatic progress in restoring duce emissions from marine vessels is we need to ensure there are no emis- and preserving our environmental re- through lowering sulfur standards sions coming from a cruise ship in Ju- sources. I am grateful. I am proud to within the fuel. neau because that is going to impact live in a nation with high environ- The purpose of the emissions control the lichen which will impact the car- mental standards for the benefit of the areas is to require ships—which, to be ibou that don’t happen to live any- land and for the people. very fair, certainly have significant where near Juneau—no closer than But the process for setting Federal emissions—to do their part to curb pol- 1,000 miles away. So applying these environmental standards, I would sug- lution. This is absolutely reasonable. new fuel standards to save the lichen in gest, is broken. We are seeing things The problem we are seeing up north is Juneau to feed caribou 1,000 miles from present themselves not only in my that EPA never gathered any air mod- here will mean vessels plying the State but around the country. We see eling data to support the claim that we waters of southeast and south central in Alaska, day in and day out, that have a problem from ships that travel Alaska—whether they are freight ves- things are not working perhaps as they up to Alaska. There has been no air sels that move just about all our goods were designed. So many Alaskans feel modeling data whatsoever. We have re- or cruise ships that are the lifeblood of the EPA does not ‘‘get’’ Alaska. quested. There has been none. More- our tourist economy—will have to But the challenges I think we see up over, one of the proposals advanced to meet the requirement they now burn North are just examples of many of the work with the EPA—and we need to be low-sulfur diesel at levels suggested problems we see repeated all over the working with our agencies, as we need that are, perhaps, not attainable. Nation. I would suggest that what we our agencies to be working with us— The question I think is fair to ask is: need to see is balance, balance restored was an offer for an equivalent method What is the problem with requiring at the EPA. There has always been a to comply with the ECA requirements these cruise ships and these vessels recognition that the EPA must go in North America. We are the only bringing goods north to Alaska to meet about its work in a balanced way. State in the country that is not acces- these standards? What is the problem Back in 1970, there was a memo sible by road. Folks come and visit us with this requirement? called the Ash memo, and it listed the by air and they come in by ship in the The problem is while these ECA re- origin of the EPA. They stated it this summertime. Tourism is big business quirements may not have a measurable way: in Alaska. In Juneau, the ships that positive effect on human health—or Sound environmental administration must are tied up at the docks are utilizing caribou food, for that matter—they reconcile divergent interests and serve the shoreside services so there are no emis- will have a material impact on our cost total public constituency. It must appreciate sions when they are in the community. of living. Look at the State of Alaska and take fully into account competing social So one of the proposals that was out and the way we get our materials in, and economic claims. there—this equivalency method—would the way we get our foodstuffs, our In recent years, EPA has not ade- essentially ask for a tradeoff. If we hardware, our lumber. It comes to us quately, let alone fully, taken into ac- have cruise ships emitting nothing over the water. There is some, yes, count these so-called competing claims when they are in dock or at shore, off- that comes in by airplane, but guaran- such as the genuine welfare of our peo- set that against those that would be teed that is going to cost much more. ple and their economic needs. EPA emitted from vessels out at sea, essen- There are some that can come up from says—and I have had many a conversa- tially an averaging. That was rejected the lower 48 across through Canada and tion with Administrator Jackson in by the EPA. into Alaska that way. But if we want person and before committee, where What has made this particularly dis- to talk about increased emissions, that the statements are made that there is concerting for many Alaskans is that is surely one way to do it, to put it on a concern about environmental justice in the EPA’s justification they cite a a truck and haul it all the way up here. for communities that are historically U.S. Forest Service study that purport- So much of our goods come to the underrepresented in EPA decision- edly found some evidence that emis- State by water. About 85 percent of the making. The fact is, many of these sions from cruise ships in southeast goods that come to the State of Alaska communities are very frequently the Alaska could impact the lichen in the come into the Port of Anchorage, ones that bear the brunt of regressive mountains above Juneau. We can see which is sitting right there. increases in, for instance in my State, the mountains up here in this chart. What we see with these ECA regs is energy and in living costs that are They are pretty high. There is lichen that ships coming out of a port such as caused by some of these rules we are up on the top. It is kind of a short, Los Angeles or Long Beach—where my facing. mossy, green plant. The report went on colleague from California hails from, When I go home, when I meet with to worry that if we have impacted li- and she is here on the floor now—have people from around the country, I hear chen growth in Juneau, it could some- hundreds of ships coming in and out more complaints, more concerns ex- how or other harm the caribou. every day, but they are not subject to pressed about the EPA than any other Never mind the link that lichen and this same emissions control area. They Federal agency, bar none. Again and cruise ship emissions may be very ten- only need to burn this expensive low- again, I am told the benefits of many of uous, there is a bigger problem with sulfur fuel for a very short time until the EPA requirements are uncertain at EPA’s reasoning, and anybody from they are out of the ECA. The problem best but that the cost of the regula- Alaska would know the problem, which is, when traveling along Alaska’s coast tions are very real, and they are detri- is there are no caribou in Juneau, AK. to bring those goods up to our State, mental to the human welfare. There are no caribou anywhere in you are in an area where our air is Today, EPA often seems too eager to southeastern Alaska. Everyone has pretty clean—our air is very pristine— impose requirements that are dubious seen my pictures before. Alaska is a but the entire voyage is within this in their health or their environmental pretty big State. If we are sitting in ECA region. It is all within this emis- benefits but whose main effect may be Juneau, AK, the caribou herd this re- sions control area. So throughout that to penalize or to perhaps even stop port was apparently concerned about is entire journey they are required to commerce or development. So restor- over 1,000 miles away. There are about burn the lower sulfur, more expensive ing an appropriate equilibrium is vital 1,000 miles between Juneau and where fuel. if we want to have a healthy people, if the southern Alaska Peninsula caribou If this were just going to result in an we want to have a healthy economy. herd cited in the EPA study live—1,000 increase in cost to the cruise lines or Today, I would like to speak to one miles. It would be as if we would make to the freight haulers that come up to example from my State. There is as it the assertion a cruise ship sitting in the State, that might be one thing, but

VerDate Mar 15 2010 06:47 Jul 27, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.091 S26JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5462 CONGRESSIONAL RECORD — SENATE July 26, 2012 I think we recognize the economic re- tention to what happens when there very direct way. Again, we want to en- ality that every dime that is added to are cost increases. sure our air is clean, that our water is the cost of doing business in Alaska is EPA mandated low-sulfur fuel is esti- clean. We want to be the good ultimately going to be a dime passed mated to add $100 million in additional custodians and stewards of our land, on and shared by consumers. cost to the summer cruise traffic in and we are. But we need to be able to The State of Alaska recently cited an Alaska. So one might say, if you can work with our Federal regulators. I estimate that these new requirements afford the price of a cruise, that is not have asked the Administrator and I will increase the shipping costs to the that big of a deal. You increase the have asked the President to work with State of Alaska by 8 percent. One price of the ticket and people will live. us on this. might say: Eight percent, that is not But what happens is that puts Alaska TED STEVENS DAY that bad. We can live with that. But at a competitive disadvantage when we Mr. President, I know my colleague the problem we face is that in 2015, just are talking about where these busi- from California is here to speak, but I around the corner, we will see an even nesses are going to operate. Fourteen would like the indulgence of the body higher standard these vessels will be percent of all employment in the State for just 2 more minutes to speak on a held to. At that point in time, the sug- is directly tied to the tourism indus- little bit of a happy occasion. gestion is that costs could be increased try. So if the cruise lines can’t fully TED STEVENS DAY by as much as 25 percent. That may be pass on these increased costs, what Mr. President, the day after tomor- on the high margin, but let’s say some- they are going to do is move their row, on Saturday, Alaskans are going where between 8 and 25 percent. Again, ships. They will take them to other to be celebrating Ted Stevens Day. As almost every commodity consumed in parts of the world where air quality I travel around the State, whether I am our State is transported either by ship standards are different, and we will in Fairbanks or down on the Kenai or by ship and plane, with the cost of have the loss of seasonal visitors. The River or up in Bethel, down in Ketch- freight adding a significant increase to money they bring to southeastern ikan, everywhere I go, I am reminded every item out there. Alaska is a huge part of the local econ- of my good friend and a friend to so We are already one of the most ex- omy and also to year-round institu- many in this body, Senator Ted Ste- pensive places to live in America, and tions. In Juneau, our regional hospital vens. rural Alaska is even more expensive. I is actually able to provide for a higher It was nearly 2 years ago now that we check on a weekly basis to find out standard of care, in part, because of the lost Uncle Ted to the tragic plane what Alaskans are paying for their high influx of patients it serves during crash in southwest Alaska. But as trag- fuel, whether it is in the city of An- the summertime. ic as that was, I always stop to remem- chorage or up in Fairbanks or out in I would suggest the EPA’s one-size- ber that that tragedy struck while Ted Kwethluk or in the villages. I monitor fits-all approach to environmental reg- was doing what he loved to do most, that regularly to see how our villages ulation doesn’t always work. We can’t which was enjoying Alaska’s great out- are faring. In Kotzebue, for instance, quite shoehorn that into in all situa- doors and going fishing, just being out- this week they are paying about $7.15 tions, and we need to be aware of that. doors. His passion for Alaska’s unique for a gallon of gas. I asked that we put Again, when we talk about the concept wilderness, his love for fishing, and his a link on our Web site to get some pric- of environmental justice, we need to immense affection for the outdoors ing on what we are seeing in our com- make sure when regulations and rules really embodies the spirit we are now munities as it relates to foodstuffs, are imposed, we are not hurting the advancing in Ted Stevens Day, and the things you and I would use in our home most vulnerable. I would suggest the motto of this day is ‘‘Get Out and here. Here is a package most of us rec- people in Kwethluk, who are looking at Play.’’ ognize. A 10-pound bag of sugar in the impact of these regulations and On the fourth Saturday of July, we Kwethluk is going for $17.25. There is what it is going to mean to them and join together to celebrate the life and no other store in Kwethluk, other than their village, they are asking: How do the legacy of a man who was really the Native store, so it is not as if they we survive? How do we live? The an- dedicated to public service, whether it can go to the Safeway and comparison swer isn’t for them to move to Wash- was his days as a pilot in World War II, shop. It is not as if they can get in ington, DC. That is not the answer. We to the four decades he served with us their car and drive to the city or go to need to get back to balance. here in the Senate. Costco. It just doesn’t happen. There What is happening now is the State He began working in Alaska long be- are no roads in and out of Kwethluk. of Alaska has sued the EPA Adminis- fore statehood. When he came here to You might be able to take an airplane. trator in Federal Court to stop the new Washington, DC, to represent us in the A gallon of whole milk costs $30 in requirements from taking effect. Given Senate, he began a battle for our State Ambler, that is if you can find whole the immediacy of the threat these re- that lasted for 40 years. He fought for milk or any kind of fresh milk. As a quirements pose to my State, I think roads, for buildings, and for infrastruc- mom who has boys who go through the State’s move to advance the litiga- ture that new, young States need, as laundry, I am always looking to see tion was the right one. But we well as many of the programs that are what people are paying for laundry de- shouldn’t have to sue our own govern- in place today that continue on. He tergent. In Venetie, a 100-ounce bottle ment in order to get balanced regula- worked to transform not only Alaska of Tide goes for $43.50. I had my interns tion. but really the rest of the country as do a little price comparison on Tide. Administrator Lisa Jackson has re- well. Powdered Tide, 56 ounces, in Anchor- cently acknowledged that applying It is somewhat coincidental that this age we are paying $9.98. That is a little ECA to Alaska has posed a problem. Ted Stevens Day coincides with the be- higher than here in Washington. Wash- She recognized that. Unfortunately, we ginning of the 2012 summer Olympic ington is about nine bucks. But in haven’t seen anything more beyond games in London. So as Alaskans get Angoon that same box of Tide is $18.33. those words, and we are still no closer together to get out and play this week- In Barrow it is $22. In McGrath it is $21. to a solution. These new requirements end under the midnight sun, there are In Bethel it is $21. are set to take effect next week, the going to be 530 American athletes who So when we talk about increasing the initial threshold. I have been raising will begin to embark on a 17-day Olym- prices in Alaska by 8 percent, 10 per- this issue with EPA for several years, pic journey Senator Stevens helped to cent, 12 percent, possibly 25 percent but again we are still working and we pioneer. It is because of legislation he and you are a mom buying a box of have not yet resolved it. I have called championed that the Olympic move- Tide and you are already paying $43, on the President himself to marshal ment in the United States exists as it believe me, 8 percent starts to add up the State Department to see if ECA does today. real quick. When you are trying to buy can be amended or some other relief Back in 1978, he fought for the pas- a bag of sugar so you can make the can be found to eliminate at least this sage of the Olympic and Amateur food, put up the jam for the winter, and one burden. Sports Act. This was later renamed the you are paying $17.25 in Kwethluk, I This is something that is touching ‘‘Ted Stevens Olympic and Amateur think it is fair to say we are paying at- Alaskans in a very immediate and a Sports Act’’ in his honor and declared

VerDate Mar 15 2010 06:47 Jul 27, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.092 S26JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 26, 2012 CONGRESSIONAL RECORD — SENATE S5463 the U.S. Olympic Committee the cen- tack on a defense contractor in March market, which allows organizations to tralized body of all Olympic activities 2011. buy and sell their carbon emissions in the country and ultimately led to In the 5 months from October 2011 quotas, and stole more than $7 million the creation of national governing bod- through February 2012, over 50,000 in credits, forcing the market to shut ies responsible for the oversight of each cyber attacks were reported on private down temporarily. individual Olympic sport—a structure and governmental networks, with 86 of An international computer-crime that is still in place now. He really was those attacks taking place on critical ring, broken up in October 2010, si- so much an inspiration to the progress infrastructure networks. Now, that is phoned about $70 million in a hacking and to the development of the Olympic according to the bipartisan Policy Cen- operation targeting bank accounts of movement here in the United States. ter’s Cybersecurity Task Force. Fifty small businesses, municipalities, and Earlier this month, the U.S. Olympic thousand incidents were the ones that churches, according to the FBI. Committee honored Senator Stevens as were reported to the Department of In November 2008, hackers breached a special contributor in the Class of Homeland Security, so they represent networks at Royal Bank of Scotland’s 2012 U.S. Olympic Hall of Fame. only a small fraction of the cyber at- WorldPay, allowing them to clone 100 We all know Senator Stevens was tacks carried out against the United ATM cards and withdraw over $9 mil- also a huge proponent of title IX. I States. lion from machines in 49 cities. think he would be very proud that for In December 2011, press reports re- In December 2008, retail giant TJX the first time in American history, vealed that the networks of the U.S. was hacked. The one hacker captured Team USA is comprised of more women Chamber of Commerce were completely and convicted, named Maksym than men. I think that would give him penetrated for more than a year by Yastremskiy, is said to have made $11 a smile. But this feat was made pos- hackers. The hackers apparently had million from the hack. In August 2008, computer networks in sible by the landmark legislation access to everything in Chamber com- Georgia were hacked by unknown for- passed 40 years ago that opened gym- puters, including member company eign intruders, most likely at the be- nasium doors and leveled the playing communications and industry positions hest of the Russian Government be- field for women and girls across the on U.S. trade policies. In March 2011, NASA’s Inspector Gen- cause they were coordinated with Rus- country. sian military actions against Georgia. In Alaska, we very often say that Ted eral reported that cyber attacks suc- cessfully compromised NASA com- In May 2007, Estonian Government Stevens was larger than life. Today, in networks were harassed by a denial-of- discussing this and bringing this up, we puters. In one attack, intruders stole 150 user credentials that could be used service attack by unknown foreign in- recognize that on Saturday we are to gain unauthorized access to NASA truders, most likely again at the be- going to continue a tradition of re- systems. hest of the Russian Government be- membering a man who loved Alaska Another attack at the Jet Propulsion cause they were part of the worst dis- with a passion. As we go out and bike Laboratory that involved China-based pute between the two countries since and hike and fish, I think many will Internet Protocol addresses let the in- the collapse of the Soviet Union. share good memories of an amazing truders gain full access to key JPL sys- So, as you can see from some of the Alaskan, an amazing man, and truly an tems and sensitive user accounts. examples above, for years now, the amazing American. Forty-eight companies in the chem- United States and other countries have I thank the Presiding Officer for the ical, defense, and other industries were been at the receiving end of multiple, opportunity to speak a few minutes penetrated during 2011 for at least 6 concerted efforts by nation-states and about a subject which should, hope- months by a hacker looking for intel- non-state actors to hack into our net- fully, bring a smile to many of us. lectual property. The cybersecurity works. These bad actors are infil- Mr. President, I yield the floor. company Symantec attributes some of trating our communications, accessing The PRESIDING OFFICER. The Sen- these attacks to computers in Hebei, our secrets, and sapping our economic ator from California. China. health by stealing intellectual prop- Mrs. FEINSTEIN. Mr. President, I It became worldwide news when erty. They may also be building a capa- wish to speak on the Cybersecurity Act Google alleged in April of 2011 that bility, if necessary in the future, to of 2012. I assume that bill is in order China had compromised hundreds of wage cyber war. We may not even and on the floor. Gmail passwords for e-mail accounts of know until the attack has been The PRESIDING OFFICER. The mo- prominent people, including senior U.S. launched. tion to proceed is pending. officials. These attacks are sophisticated, and Mrs. FEINSTEIN. Mr. President, I On March 17, 2011, RSA publicly dis- involve hacking techniques that we un- come to the floor as the chairman of closed that it had detected a very so- fortunately now see quite often. Cyber the Intelligence Committee to, in my phisticated cyber attack on its systems attacks can come in the form of viruses own way, indicate the seriousness of in an attempt to obtain data that and worms, malicious backdoors, logic the job we are about to begin. I know would compromise RSA’s authenti- bombs, and denial-of-service attacks, there is controversy. I know there are cated log-in technology. The data ac- just to name a few. differences of opinion. But what people quired was then used in an attempt to A groundbreaking unclassified report have to understand is that we have penetrate Lockheed Martin’s networks. from November of last year published breach after breach now, and they have Between March 2010 and April 2011, by the Intelligence Community said become far more numerous, much more the FBI identified 20 incidents in which cyber intrusions against U.S. compa- sophisticated, and much more insidious the online banking credentials of small nies cost billions of dollars annually. in recent years. to medium-sized U.S. businesses were The report named China and Russia as I want to give a number of examples compromised and used to initiate wire aggressive cyber thieves. of what is happening out there in the transfers to Chinese economic and On China, the report said: ‘‘Chinese real world, and let me begin by going trade companies. As of April 2011, the actors are the world’s most active and back to 2008, when the Pentagon’s clas- total attempted fraud amounts to ap- persistent perpetrators of economic es- sified military computer networks suf- proximately $20 million, and the actual pionage.’’ We know that sophisticated fered a ‘‘significant compromise.’’ That victim losses are $11 million. attacks from China against financial is according to former Deputy Sec- In October 2010, hackers penetrated and technology companies, such as retary Bill Lynn in 2010. These the systems of NASDAQ, which Google, resulted in property theft on a breaches are usually classified at the sparked concerns about the severity of massive scale. Billions of dollars of time they happen; therefore, people the cyber threat facing the financial trade secrets, technology, and intellec- don’t know about them. So all I am industry. tual property are being siphoned each going to do is run through unclassified In January 2011, a hacker extracted year from the United States to benefit breaches, and even that is beyond com- $6.7 million from South Africa’s the economies of China and other coun- prehension. Former Secretary Lynn Postbank over the New Year’s holiday. tries. also detailed that foreign hackers stole In January 2011, hackers penetrated On Russia, the report said: ‘‘Russia’s 24,000 U.S. military files in a single at- the European Union’s carbon trading intelligence services are conducting a

VerDate Mar 15 2010 06:47 Jul 27, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.101 S26JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5464 CONGRESSIONAL RECORD — SENATE July 26, 2012 range of activities to collect economic sist this idea. I do not. I would have Third, the bill authorizes the govern- information and technology from U.S. preferred that this bill include its ment, which will largely mean (in prac- targets.’’ I can assure everyone that original critical infrastructure provi- tice) the Intelligence Community—I the classified assessments are far more sions, which would have mandated hope the DNI—to share classified infor- descriptive and far more devastating. baseline standards for cybersecurity. mation about cyber threats with appro- The examples above are bad enough, But I recognize we have to com- priately cleared organizations outside but cyber threats are evolving, and I promise. I recognize this legislation is of the government. am very concerned that the next wave a necessary first step to provide some Traditionally, only government em- will come in the form of crippling in- security, and that compromise to the ployees and contractors have been eli- trusions against the computers that voluntary measures in this bill was gible to receive security clearances, control powerplants, dams, transpor- necessary. So we have done it. I hope if and therefore to gain access to na- tation hubs, and financial networks in and when we see a major cyber attack tional secrets. To put it another way, these United States. against the power grid, or Wall Street, those with a valid ‘‘need to know’’ We have already seen the use of cyber or a major dam, we won’t see this com- most security secrets are within the attacks in warfare, when hackers in- promise as a mistake. government. side Russia reportedly took down the Other Senators have spoken at That isn’t true, though, for cyberse- command and control systems in Esto- length about critical infrastructure curity. In this case, we cannot restrict nia in 2007. That was 5 years ago, and other parts of the bill, so let me classified information tightly within roughly a lifetime in the realm of move to Title VII, regarding informa- government—the companies that un- cyber attack capability. tion sharing. This is the part the Intel- derpin our Nation’s economy and way Senior national security experts from ligence Committee has had something of life have a ‘‘need to know’’ about the across the political spectrum have to do with. This title—at least 40 pages nature of cyber attacks so they can sounded the alarm about this threat. of the bill—covers authorities and pro- better secure their systems. For Example, Leon Panetta, at his con- tections for sharing information about It is not sufficient for the govern- firmation hearing to be Secretary of threats to cybersecurity. The informa- ment to be able to defend itself against Defense, said: tion-sharing title addresses one of the an attack. It is also necessary for com- The next Pearl Harbor we confront could main problems I heard from both the panies such as Google, or an institu- very well be a cyber attack that cripples our private sector and the government tion such as NASDAQ, to be able to power system, our grid, our security sys- about existing laws and business prac- protect themselves and to use all pos- tems, our financial systems, our govern- tices when it comes to cyber: that pri- sible defenses that we can help provide mental systems. vate sector companies and the govern- to them. Bob Mueller, Director of the FBI, tes- ment know a lot about the cyber at- Under this bill, companies are able to tified before the Senate Intelligence tacks against their networks, but this qualify to receive classified informa- Committee that ‘‘the cyber threat, information is so stovepiped that no tion. They will be certified and then which cuts across all programs, will be one is as well protected as they could able to obtain classified information the number one threat to our country.’’ be if the information were shared. about what cyber threats to look out We are dealing with the No. 1 threat to That, I believe, is fact. for. the country. As the Bipartisan Policy Center’s Fourth, the bill establishes a system I am pleased to be an original cospon- Cyber Security Task Force recently through which any private sector enti- sor of the Cybersecurity Act of 2012 found: ty—whether a power utility, a defense with Senators LIEBERMAN, COLLINS, Despite general agreement that we need to contractor, a telecom company, or oth- do it, cyber information sharing is not meet- ROCKEFELLER, and CARPER. I wish to ers—can share cyber threat informa- ing our needs today. thank them for their tireless work on tion with the government. this legislation over the past several Title VII addresses this problem. It When it comes to cyber, information years. reduces the legal barriers that hamper sharing must be a two-way street. Of- This act has seven titles. Each of a private entity’s ability to work with tentimes, the private sector has impor- them addresses a key gap in our Na- others and the Federal Government to tant information about cyber intru- tion’s cyber laws. I wish to take a mo- share cybersecurity threat informa- sions that the government doesn’t pos- ment to describe the critical infra- tion. sess. After all, the private sector is the How do we do this? What does that structure provisions in Title I, but I one on the frontlines of incoming cyber title do specifically? First, it explicitly wish to focus most of my remarks on assault, so companies are often best authorizes companies to monitor and the information-sharing part of the able to understand the attack. defend their own networks. bill, which makes up Title VII. Many companies monitor and defend The private sector should be able to Title I covers Critical Infrastructure their own networks today in order to share that information with the gov- Protection, which means protecting protect themselves and their cus- ernment so that the government can the public and private infrastructure tomers. But we have heard from nu- protect itself and fulfill its responsi- that underpin our economy and our merous companies that the law in this bility to warn others about the threat. way of life—a big deal. A cyber attack area is unclear, and that sometimes it So let me describe how this bill allows against these networks could open a is less risky, from a liability perspec- for and encourages that information dam, crash our financial system, or dis- tive, for them to allow attacks to hap- sharing, and most importantly, let me able the electric grid. It could stop all pen than to take additional steps to de- describe the liability protections that planes and interrupt the FAA—on and fend themselves. Can you imagine companies receive for doing so. The Secretary of Homeland Security, on and on. that? So we make the law clear by giv- Although some critical infrastruc- in consultation with the Attorney Gen- ing companies explicit authority to ture companies have taken action to eral, the Secretary of Defense, and the monitor and defend their own net- protect their networks, too many of Director of National Intelligence, works. them have not. It appears that market Secondly, the bill authorizes the would designate one or more Federal forces are insufficient for many critical sharing of cyber threat information cybersecurity exchanges. We envision infrastructure companies to adopt ade- among private companies. There have that these exchanges would be an exist- quate cybersecurity practices. Thus, been concerns that anti-trust laws pre- ing entity, such as one of the existing Title I of this bill would create strong vent companies from cooperating on Federal cybersecurity centers. incentives for companies to work with cyber defense. This bill, in section 702, Private companies would share cyber the Federal Government to establish clearly says: threat information with these ex- standards for critical infrastructure changes directly. These exchanges Notwithstanding any other provision of protection. law, any private entity may disclose lawfully must be civilian entities, which is im- Let me be candid. Even though the obtained cybersecurity threat indicators to portant to a number of Senators. They bill makes cybersecurity standards vol- any other private entity in accordance with will have procedures in place to share untary, I know many Senators still re- this section. that information as quickly as possible

VerDate Mar 15 2010 06:47 Jul 27, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.103 S26JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 26, 2012 CONGRESSIONAL RECORD — SENATE S5465 with other parts of the government. failure to act on information received dented. It will take some steps. We will The information is protected from dis- through information-sharing mecha- find other steps we will need to take. closure under the Freedom of Informa- nisms set up by this bill. We will need to come back to it and tion Act. It cannot be used in a regu- Basically—and this is important; come back to it because technology is latory enforcement action. please listen—the only way anyone moving so quickly. This exchange would serve as a focal participating in the information-shar- I think this is as important a bill as point for information sharing with the ing system can be held liable is if they I have seen in my 20 years in the Sen- government. Having a single focal were found to have knowingly violated ate. I know what is out there. I know point would establish a single point of a provision of the bill or acted in gross what some other countries are doing. I contact for the private sector. Other- negligence. know what some bad actors are doing. wise we would have chaos. Some people So there are very strong liability The time has come to protect ourselves want multiple points. It is difficult to protections for anyone who shares in- and take some action. do and still maintain the security that formation about cyber threats—which I hope we will have the support, and is necessary. is completely voluntary—under this I urge my colleagues to vote for this We think this approach solves the bill. bill. problem. Having a single focal point is Now, what information will be shared Mr. President, I yield the floor and I also more efficient for the government. with the exchange? Information that note the absence of a quorum. It would help eliminate stovepipes, be- should be shared includes—but is not The PRESIDING OFFICER. The cause right now there are dozens of dif- limited to—malware threat signatures, clerk will call the roll. ferent parts of the government receiv- known malicious Internet Protocol, or The bill clerk proceeded to call the ing information from the private sector IP, addresses, and immediate cyber at- roll. about cyber threats they are encoun- tack incident details. The PRESIDING OFFICER. The Sen- tering. It is all over the map. It would The exchanges would be able to share ator from Connecticut. also make privacy and civil liberties this information in as close to real Mr. BLUMENTHAL. I ask unanimous oversight easier, which I know inter- time as possible over networks. That is consent that the order for the quorum ests you, Mr. President. I will describe the only way for the private sector and call be rescinded. that in a moment. the government to stay a step ahead of The PRESIDING OFFICER. Without Finally, it should save taxpayers our cyber adversaries. objection, it is so ordered. money, because it is more efficient to What kind of information can they HONORING AMBASSADORS TO PAKISTAN AND manage—and that has to be a con- share? We define this information in AFGHANISTAN cern—and oversee the operation of one our bill as ‘‘cybersecurity threat indi- Mr. BLUMENTHAL. Mr. President, I entity versus many entities. cators.’’ We define this term to include am here today to express my sincere Let me now describe the all-impor- only information that is ‘‘reasonably appreciation and thanks and admira- tant liability protections that are such necessary’’ to describe the technical tion to a number of our distinguished a critical part of this. attributes of cyber attacks. This is not Foreign Service officers who were simi- Section 706 of the bill provides liabil- a license for the government to take in larly lauded by Senator MCCAIN earlier ity protection for the voluntary shar- and distribute private citizens’ infor- today. I heard his remarks, and I wish ing of cyber threat information with mation. Rather, it is narrowly tailored to be associated with them. the Federal exchange. to cover information that relates spe- I wish to express my thanks to three The bill reads: cifically to a cyber attack. very brave and able men who have In addition to narrowly defining served this country under the most de- No civil or criminal cause of action shall lie or be maintained in any Federal or State what information can be shared with manding and difficult conditions, re- court against any entity [that means a com- an exchange, our bill also requires the quiring huge personal courage as well pany] acting as authorized by this title, and Federal Government to adopt a very as insight and strong action. They are any such action shall be dismissed promptly robust privacy and civil liberties over- Ryan Crocker, who has served as Am- for . . . the voluntary disclosure of a law- sight regime for information shared bassador to Afghanistan; his deputy fully obtained cybersecurity threat indicator under this title. There are multiple who will replace him shortly, James to a cybersecurity exchange. layers of oversight from different parts Cunningham; and our Ambassador to That is section 706(a). It is clear as a of the Executive Branch, including the Pakistan, Cameron Munter. What they bell. In other words, a company is im- Department of Justice, the inde- share and what they have given us in mune from lawsuit over sharing cyber pendent Privacy and Civil Liberties these two critical posts is the best of threat information with a Federal ex- Oversight Board, as well as the Con- our Nation’s public service and foreign change. The same immunity applies to gress. I wish to direct Members to the service. the following: companies that monitor privacy and civil liberties protections I had occasion to meet both Ambas- their own networks; cybersecurity on pages 185 through 192 of this bill for sador Crocker and Ambassador companies that share threat informa- the litany of procedures, reviews, and Cunningham on a number of visits to tion with their customers; companies reports that are required. Afghanistan and to be briefed by both that share information with a critical We have worked closely with several of them, so I know personally how ex- infrastructure owner or operator; and Senators, including the Presiding Offi- traordinarily honest and forthright companies that share threat informa- cer, Senator FRANKEN, and Senators they are in the insight and intelligence tion with other companies, as long as DURBIN, COONS, AKAKA, BLUMENTHAL, they give to congressional visitors. they also share that information with and SANDERS on these protections, and And many of us have been among those the Federal exchange within a reason- I really thank them all for their efforts visitors and many of us have met with able time. This ‘‘reasonable, good in that regard. I think my colleagues them, so I know others have had that faith’’ defense is also available for the have really helped the bill become a experience as well. I know them both use of defensive countermeasures. better bill. to be extremely capable and intel- If a company shared information in a I would also be remiss if I didn’t show ligent, thoughtful, and insightful. They way other than the five ways I have my great appreciation of the work and understand the complexities of this re- just mentioned, it still receives a legal leadership of the majority leader for gion, and they have succeeded in main- defense under this bill from suit if the his unrelenting focus on getting this taining strong relationships with our company can make a reasonable, good- bill to the floor and making time to partners in Afghanistan and Pakistan faith showing that the information- have this debate. It is infinitely better to the extent they were able to do so sharing provisions permitted that shar- having this debate now rather than amid the most complex and chal- ing. after a major cyber attack. My great- lenging circumstances. Further, no civil or criminal cause of est worry is that we wouldn’t pass Somehow, in between all of the chal- action can be brought against a com- something. lenges they faced on the ground day to pany, an officer, an employee, or an The perfect cannot be the enemy of day, they also welcomed congressional agency of a company for the reasonable the good. This legislation is unprece- visitors with extraordinary grace and

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I prob- provised explosive device—ingredients, wishes for continued success for the ably do not share the views of some of the fertilizer and other chemicals that sake of their lives and for the sake of my colleagues on this side of the aisle compose the roadside bombs that have our Nation. as to why it happened. I am a pretty- literally caused more than half of our I yield the floor and I suggest the ab- tough-on-crime guy. But when crime Nation’s casualties in Afghanistan. sence of a quorum. went down, the broad middle that Those ingredients are smuggled, some- The PRESIDING OFFICER. The wanted to do whatever it took to stop times in broad daylight, across the bor- clerk will call the roll. crime—I remember how it ravaged my der from Pakistan. He has worked hard The bill clerk proceeded to call the city—stopped caring as much because and made a valuable contribution in roll. they were safer. That is logical. So challenging the Government of Paki- Mr. SCHUMER. Mr. President, I ask they sort of exited the field. Law en- stan to do better, and to confront the unanimous consent that the order for forcement, which had been some of our threat and to ensure interagency co- the quorum call be rescinded. best allies in supporting the assault The PRESIDING OFFICER. Without ordination between the Department of weapons ban and the Brady law, sort of objection, it is so ordered. State and the Department of Defense left the debate. The debate was simply GUNS IN AMERICA in confronting and attacking the IED left to those who cared the most, a Mr. SCHUMER. Mr. President, I, like network. He has written to me person- very small number on the side of more everyone else in America, have fol- ally, and I thank him for his commit- active laws against gun control and a lowed the terrible tragedy in Aurora, ment to a cause that others have also much larger number on the side of CO. Just awful. I was particularly made a priority, including Dr. Ashton those who were opposed. moved when I read in one of our local Carter, presently Deputy Secretary of I know you read in the newspapers: papers the bios of the 12 who had died. Defense. Together, we worked on this the power of money and the NRA. I So many of them were young, in the issue and made progress, but so much have to say this, as somebody who has prime of life, in their late teens and opposed the NRA and has been written more must be done to stop the flow of early twenties. So many of them were up regularly in their magazines in not IED bomb-making material across the brave, protecting others—a child, a the most flattering way, the NRA’s border which does such horrific, de- girlfriend, a friend. I was so upset on main strength is because they have 2, structive damage to our troops. One reading this, seeing these people’s lives 3, 4 million people who care passion- need only visit the Bethesda Naval snuffed out, just as they had great fu- ately about this issue, who may not Center to see it firsthand. Our hearts tures ahead of them—for nothing. go out to the young men—principally It was the same kind of feeling I had care about other issues, and who are men—and women and their families after the World Trade Center—of mobilized at the drop of a hat. So when who are victims of these bombs. Thank course, magnified by much more be- there is a bill on the floor of the Senate you to Ambassador Munter for making cause so many more people died, and I which a majority of Americans may it a priority. actually knew some of the people who support—a majority of Americans sup- I thank Ambassador Crocker likewise died. But the same senseless killing of port the ban on assault weapons—even for working on this problem as he led innocent people occurred. people in my State like New York hear the Embassy in Kabul through pro- Of course, in the days after the trag- much more from the people who are op- foundly and deeply challenging times. edy, and as the dust settled—it will posed to the assault weapons ban than When we here in Washington revise our never settle for the families whom my the people who are for it. Now, 20 years policy toward Afghanistan and as we heart goes out to—we began our usual ago, that would not have happened, go through those revisions now, he has discussion about guns in America, and again, because I think, more than any adopted and he has carried out policies, there were many voices on all different other reason, crime was so ravaging and he has served well our national in- sides. our communities that average folks terests, even in the midst of change As somebody who has been very in- would call and complain and worry and challenge. volved in these issues, I gave it some about too many guns in society, which I welcome Deputy Ambassador thought and wanted to share with my I think there still are now. Cunningham to his new post. I have colleagues and with my constituents In any case, given that situation, worked and been briefed by him. I, in and my country some thoughts about which exists, that the activists, the fact, stayed with him in the Embassy. this. people who care about this issue the I have seen his keen insight, his quiet, The question that comes up is: Can most—not the majority of people—are understated manner, and his strength we do anything about guns in society? on the side of no limitations or few and will. Of course, many would ask: Should we limitations on guns, how can we ad- Indeed, all of these men are men of do anything about guns in society? dress that balance? intellect, but they are also men of ac- Even the very thoughtful and erudite I think there can be a balance. Those tion, committed to delivering results member of my own party, the Governor on my side who believe strongly in to the Nation. They are men of loyalty of Colorado, said a ban on weapons some controls on guns have to ac- and courage. would not have stopped this tragedy knowledge that there is a right to bear I will just finish on this note. Nobody from occurring, in all likelihood. arms. It perplexed many in the pro-gun should underestimate the courage that So I wish to share some of my movement how liberals would read the is required to serve in these positions. thoughts briefly. first, third, fourth, fifth, sixth amend- Anyone who has visited these countries The bottom line is, maybe we can ments as broadly as possible, but when knows the threat of physical danger is come together once and for all on the it came to the second amendment, they ever-present not only to the brave men issue of guns if each side gave some. I saw it through a pinhole—it only re- and women who serve in uniform in our have thought about this for a while. lated to militias, which, frankly, is a Armed Forces but to our diplomats As you know, Mr. President, I was narrow, narrow, narrow reading of the who every day put their lives on the the House author—the leader, of second amendment. line to serve us. So I thank not only course, was my colleague from Cali- There were many back then in the them but the thousands of men and fornia—of the assault weapons ban. I 1980s and 1990s in the pro-gun control women who have served with them in am even prouder of the Brady law, movement who basically felt there was Afghanistan, in Pakistan, and in other where I was probably the leader, and no right to bear arms. I think in part, countries, at postings in places whose that has saved so many lives. because of that, those on the other side names most Americans can barely pro- So the question is: When we were of the issue became kind of extreme nounce. They have demonstrated the able to pass those kinds of themselves. Their worry was that the

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And lute, or more absolute, than all the draw the line of reasonableness. there was enough evidence back in the other amendments. They are taking But we might, might, might—and I 1980s and 1990s that people actually the converse position to what I men- do not want to be too optimistic here, wanted to do that. tioned before—the left seeing the sec- having years and years of having gone So if you look at the ads from the ond amendment as minuscule, but the through this—but we might be able to NRA and the groups even farther over, right seeing the second amendment as come to an agreement in the middle the gun owners of America, their basic broader than every other amendment. where we say, yes, there is a right to complaint is that the CHUCK SCHUMERs Certainly, the right believes in bear arms, and, yes, there can be rea- of the world want to take away your antipornography laws. That is a limita- sonable limitations on the second gun, even if it is the hunting rifle your tion on the first amendment. Cer- amendment just as there can be on oth- Uncle Willie gave you when you were tainly, most people in America believe ers. 14. what—I think it was Oliver Wendell That is the place I suggest we try to I think it would be very important Holmes or Louis D. Brandeis who said: go. Maybe, maybe, we can break for those of us who are for gun con- You cannot falsely scream ‘‘fire’’ in a through the hard ideological lines that trol—some rational laws on guns—to crowded theater. That, too, was a limi- have been drawn on this issue. Maybe, make it clear once and for all that is tation on the first amendment. maybe, maybe we can tell those who not our goal, to make it clear that the Every amendment is a balancing are at the extremes on the far right belief is that the second amendment test. That is what the Constitution has and the far left that we disagree with does matter, that there is a right to said. you. And maybe, maybe, maybe we bear arms, just like there is a right to No amendment is absolute or our so- could pass some laws that might, free speech and others, and if you are ciety would be tied in a complete knot. might, might stop some of the unneces- an average, normal American citizen, And so we say to our colleagues, this is sary tragedies that have occurred, or, you have the right to bear arms. not a partisan issue completely. There at the very least, when you have some- I think if the people who are pro-gun are some Republicans who are for gun one who is mentally infirm, such as the and from the more rural areas, and dif- control and some Democrats who op- shooter in Aurora, limit the damage ferent than Brooklyn, the city I am pose it completely. It seems to be more they are able to do. Maybe. from, were convinced that there was a of a regional issue than almost an ideo- But I would suggest the place to start broad consensus even in the pro-gun logical issue. But we would say to our here is for us to admit there is a right control movement that there was a colleagues from the pro-gun side of to bear arms, admit the Heller decision right to bear arms, they might get off things, look, there is a right to bear has a place in the Constitution, just their haunches a little bit. I think that arms. We are not trying to take guns like decisions that supported the other is important for this part of the com- away from people we do not have any amendments, and at the same time say promise. So the Heller decision, which reason to take them away from. But that does not mean that right is abso- basically said that—and now is the law you have to then admit that you can- lute. That is just a suggestion. I have of the land, but was not until a few not be so rigid, so doctrinaire that been thinking about this since I read years ago—should not be something there should be no limitation on the those horrible articles about those that is opposed by those who are for ra- second amendment. young men and women being killed. I tional laws on guns. The Brady law is a reasonable limita- would welcome comments, particularly I saw that even the Brady organiza- tion on the second amendment, saying from my colleagues on the other side of tion, that I have worked very closely that felons or the mentally infirm or this issue, whether they be Democrat with—Jim and Sarah Brady helped us spousal abusers should not have a gun. or Republican, on those thoughts. pass the assault weapons ban and the The Heller decision acknowledged that Just as we have fought over and over Brady law; I have worked with them those kinds of reasonable limitations and over again on so many issues, and closely and have known them for dec- did not violate the second amendment, we have gotten into our corners—there ades—but even the Brady organization, just as the Court has recognized they may be none that we have gotten into which in the past had not had that po- are limitations that do not violate the our corners on more than on gun con- sition, is now beginning to embrace it. first amendment, all because it is a trol. Maybe it is time, as on those I think that is for the good, and I think balancing test. other issues, to come out of the corners people should know that. So I would argue—and we can all find and try, people of good will, who will Once we establish that it is in the the balance in different ways—not only disagree and come from different parts Constitution, it is part of the American is the Brady law a reasonable limita- of the country with different needs, way of life—even though some do not tion on the second amendment, it is maybe there is a way we can come to- like that—but once we establish that not interfering with the average per- gether and try and try to break basic paradigm: that no one wants to son’s right to bear arms, but neither through the logjam and make the abolish guns for everybody or only are the assault weapons. I know there country a better place. allow a limited few to have them under was an argument between my colleague I yield the floor and I suggest the ab- the most limited circumstances—this from California, with whom I agree, sence of a quorum. is on a national level—then maybe we and my colleague from Wisconsin, with The PRESIDING OFFICER. The can begin the other side of the dialog. whom I do not agree: An AR–15 is used clerk will call the roll. The other side of the dialog is, once for hunting. But I have heard people The bill clerk proceeded to call the you know no one is going to take away say you should be able to buy a ba- roll. your gun, if you are not a felon—your zooka or a tank. My view is, the as- Mr. SCHUMER. Mr. President, I ask shotgun that you like to go hunting sault weapons ban that was passed, unanimous consent that the order for with or a sidearm if you are a store which was a rather modest bill, was the quorum call be rescinded. owner in a crime-ridden area—we can less important in saving lives than the The PRESIDING OFFICER. Without then say to those on the other side: OK. Brady law by many degrees. But I objection, it is so ordered. We understand that it is unfair to read would argue it is a reasonable thing to f the second amendment so narrowly and do. A limitation that says you should read all the other amendments so not be able buy a magazine that holds MORNING BUSINESS broadly, and you have seen us as doing 1,000 rounds, that is a reasonable thing Mr. SCHUMER. Mr. President, I ask that. But, in response, we would say, to do. Rules that say we should be able unanimous consent the Senate proceed and I would say, that no amendment is to trace where a gun originated so we to a period of morning business, with

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